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Constitution

Section I: Allocation of Powers

The Town Meeting of the Marlboro College Community shall follow, in general, the form of the New England Town Meeting, and shall have the power to legislate in the following matters:

  1. It shall have the power to make recommendations to both the administration and the faculty in all areas other than those under its jurisdiction. It shall elect representatives who shall attend appropriate faculty meetings.
  2. It shall formulate and enforce rulings in matters of conduct and safety, as well as rulings for the care of property in the College Community.
  3. It shall elect representatives for the purpose of participating in the formulations and policies relating to the work program.
  4. It shall have power to organize and maintain work projects of a profit making nature that will not conflict with the overall program of the College.
  5. It shall make decisions concerning recreation, recreational facilities, and social programs, in accordance with the general plan of the College.
  6. It has final authority in the disposition of the Community Activity Fund. Faculty and staff shall not vote on such issues.
  7. It shall establish each year a scholarship fund to be known as the Town Meeting Scholarship Fund. At the last Town Meeting of the academic year a percentage of the Community Activity Fund, which shall not be, less than 10% of the total shall be appropriated for this fund for the next academic year. The Town Meeting reserves the right to establish the guidelines for awarding the scholarship when it establishes the amount to be put into the fund.
  8. It shall have representatives on each policy shaping committee of the faculty.
  9. The Town Meeting shall have the power to review any faculty decision on academic policy. This does not include power to review decisions concerning the standing or status of individual students. At the request of the Board of Selectpersons or following presentation of a petition signed by at least fifteen students to the Board of Selectpersons, the Head Selectperson shall present the faculty decision to the Town Meeting. Town Meeting disapproval of such a decision by a majority of those students present shall be binding: that majority for purposes of disapproval shall consist of at least 20% of the student body. Such Town Meeting action must take place within two (2) weeks of term time of the faculty decision being challenged. The faculty may, in Faculty Meeting, overrule the Town Meeting in such a case and reaffirm the original decision by a vote of two thirds of those faculty present at that Faculty Meeting.
  10. Town Meeting may overrule by a majority vote any action by the Board of Selectpersons.
  11. The Spore Amendment‖ (15 April 1968):
    1. Town Meeting shall not establish religion or prohibit the free exercise thereof.
    2. Town Meeting shall not abridge freedom of speech or of the press.
    3. Town Meeting shall not abridge the right of its members to assemble peaceably or to petition it for redress of grievances.
    4. Town Meeting shall not require conformity of personal political opinion to any
      community standard; it shall neither establish nor support collective political opinion on
      matters beyond those enumerated in the Allocation of Powers.
  12. Town Meeting shall make decisions concerning appropriations from the Washer/Dryer Fund. No more than 5%, measured at the beginning of the academic year, may be withdrawn during the course of the full academic year without a two thirds majority of Town Meeting vote with the exception of the work coordinators’ budget.
  13. Town Meeting embraces the college’s environmental mission statement and the environmental ethic that it describes. This ethic shall be taken into consideration in all decisions made by Town Meeting, and by Town Meeting committees and other subsidiary bodies.

This grant of authority to the Town Meeting by the faculty rests on a general assumption that a code of civilized behavior, suitable to adult citizens of a democratic community, will be followed by all members of the Marlboro College Community.

Section II: The College Community

The College Community shall include students, faculty, staff and their spouses, kitchen staff regularly assigned to Marlboro College, and trustees when present. The Moderator may extend to visiting associates and alumni full privileges while they are at Marlboro College.

Section III: Town Meeting Officers

The Officers of the Town Meeting shall be:

  1. Moderator: Shall be elected for a term of one (1) academic semester. Elections for said office shall be held at the last Town Meeting of the preceding semester.
  2. Selectpersons:
    1. Selectpersons shall be elected as follows:
      1. Nominations for a Head Selectperson Elect shall be taken at or before the second to last scheduled Town Meeting of the fall semester, and posted for the week following. Elections shall be held on the first three (3) days of the following week, supervised by the Board of Selectpersons, using the alternative ballot as follows: Voters are asked to indicate their first, second, and third preference for Head Selectperson by indicating each with ―1, ―2, or ―3, before each name, respectively. The tallying of these votes will proceed in the following fashion: If one nominee achieves a true majority in the first tally of all votes marked ―1, they are declared the next Head Selectperson. If not, then that nominee with the least ―1 votes is dropped from the race, and the ―2 preferences on those ballots are then observed in a second tally of all votes. This process of canceling those votes belonging to that nominee with the least votes in each tally, and applying the next preference indicated on each of those ballots to the other nominee continues until one nominee gains a true majority of the vote. Upon request, Selectpersons shall provide absentee ballots. The results shall be posted as soon as possible. The Head Selectperson Elect will automatically become the new Head Selectperson at the start of the Spring Semester, with the intervening period serving as a training session for the position.
      2. Nominations for six Selectpersons shall be taken at the last Town Meeting of the spring semester. Elections shall be held on the first three (3) days of the following week, and be supervised by the departing Board of Selectpersons.
    2. Terms of Selectpersons shall be one (1) full year. A Selectperson may be re elected.
    3. Should a Selectperson resign from their position, a substitute shall be elected as soon as possible, following the pattern of the Australian ballot, to fulfill the responsibility of the departing Selectperson for the remainder of the term of office of the departing Selectperson.
    4. In the event of the incapacity of the Head Selectperson, as determined by the Dean and the Board of Selectpersons, the Board of Selectpersons shall call a special Town Meeting to take nominations for the position of Acting Head Selectperson. Nominations shall be posted for a period of forty eight (48) hours after Town Meeting, at the end of which time an election shall be held. This election, supervised by the Board of Selectpersons, will take place by alternative ballot and checklist. Upon request, Selectpersons shall provide absentee ballots. The result shall be posted immediately. During the forty eight (48) hour interim, immediately upon pronouncement by the Board of Selectpersons of the incapacity of the Head Selectperson, the Treasurer shall assume responsibility as Chairman of the Board of Selectpersons with the power only to organize the Board’s own business and to act as liaison between the Board and the Dean’s office. The duly elected Acting Head Selectperson will assume all the powers and responsibilities of the Head Selectperson designated under Section III, B. 5 7 of the Constitution until the Board of Selectpersons and the Dean pronounce the Head Selectperson capable of assuming their duties.
    5. The functions of the Selectpersons include:
      1. The leadership of the Community, with a view to its general well being;
      2. Responsibility for the proper exercise of those powers which have formally been delegated to the Community Government;
      3. Representation for the interests of the students to the faculty, the officers of the administration, and other bodies;
      4. Advising and counseling individuals as may seem appropriate;
      5. Maintenance of pleasant and hygienic conditions on campus;
      6. Enforcement of Community Bylaws.
    6. The Board of Selectpersons shall:
      1. Meet regularly at announced times while the College is in session; provide opportunity for any member of the Community to discuss matters with the Board;
      2. Summon and attend Town Meetings and prepare agenda and report on the doings of the Board;
      3. Attend open meetings of the Board of Trustees and the faculty;
      4. Meet with officers of the administration at least every other week while the College is in session;
      5. Cooperate with the Dean of Students in the orientation of new students;
      6. Meet with the Dean’s office personnel to decide issues of rooming priority;
      7. Solicit applications and, with the consent of the Director of Plant and Operations, appoint one (1) student to serve as head of the Fire and Safety Commission;
      8. Appoint auditors to examine and report upon the form of the accounts of the Community Activities Fund;
      9. Recommend a Student Activities Fee to the last Town Meeting of the year;
      10. Insure that all elections within the Community take place at the time and in the manner stipulated;
      11. Attend any dormitory meetings at the request of the residents;
      12. Act as Grand Jury in the presentation of Community charges against individuals before the Court. (Note: A Grand Jury is convened at the request of a Public Advocate);
      13. Supervise and appoint, for an indefinite term (after consultation with the President, the Dean of Students, and the Director of Plant and Operations), a Crew Chief for the Dining Hall, whom the College shall pay an appropriate stipend (similar to the highest work grant). See Article VI of the Bylaws;
      14. Have the right to declare any non member of the Community persona non grata and deny visiting privileges to that person for a stated period as outlined in Article IX: Guest Policy.
      15. Cooperate with the Fire Chief in matters of fire safety;
      16. Be responsible for the allotment of the PA system;
      17. Appoint a representative of Selectboard to attend Senior Team meetings.
    7. The Head Selectperson shall have a special position of leadership and general responsibility for the well being of the Community as a whole.
  3. Nominations for a Treasurer Elect shall be taken at or before the second to last Town Meeting of the spring semester. The Treasurer Elect will automatically become the new Treasurer after Commencement, when they will become Treasurer for a term of one year. The Treasurer shall:
    1. Maintain the accounts of the Community Activities Fund and submit them to the auditors/Financial Officers of the College to be audited at the end of each semester;
    2. Obtain the advice of the auditors/Financial Officers of the College as to the form of the accounts;
    3. Maintain an inventory of all durable equipment acquired by the Community, with an account of its present estimated value, and a list of the names of those responsible for its safekeeping;
    4. Render to the Town Meeting an account of the current state of the Community Activities Fund at the request of two (2) members of the Community, provided that forty eight (48) hours notice of the request shall have been given;
    5. Obtain from the Student Accounts Office, as needed, the proceeds of the Student Activities Fee, according to the appropriations made by the Town Meeting, and obtain receipts from the recipients;
    6. Obtain from the Chairperson of the Community Committees their requests for appropriations for the coming academic year, not later than the 7th of May; and to add them to their own requests for washing machines, etc., expenditure and miscellaneous items, including charity and other causes not directly related to the well being of the Community; and transmit the whole budget to the Board of Selectpersons for its approval and for the setting of a Student Activities Fee;
    7. Receive from the Clerk of the Court, the Crew Chief, the Fire Chief, and from all others through whose hands receipts due to the Community Activities Fund pass, such sums as are due, and give receipts for them;
    8. Examine all requests for supplementary appropriations not specified in the budget, and place them on the agenda of a Town Meeting with or without their endorsement. They shall not be authorized to pay money from the Community Activities Fund unless the appropriation has been so placed upon the agenda, except in those cases where, by the ruling of the Moderator, a situation of extreme emergency has arisen;
    9. Be bonded for $3,000. The Treasurer may, after consulting with the Selectboard if possible and at his or her own financial risk, make disbursements of up to $3,000 from the Community Activities Fund in emergencies when in their opinion such disbursement may reasonably be expected to be validated at the next Town Meeting. The Treasurer shall inform the Selectboard of such a disbursement at the next Selectboard meeting;
    10. Receive an expense account equal in amount to their Student Activities Fee;
    11. Serve as member of the Board of Selectpersons;
    12. Inform the community about Budget and Committee Spending at the end of each semester;
    13. Be authorized to sign checks only between Fall Enrollment and Commencement. The Treasurer shall submit all unwritten checks to the Financial Officers of the College by June to be held until Fall Enrollment;
    14. Have all accounts balanced and ready to be audited by Commencement;
    15. Be authorized to sign checks only when they are not the recipient of the check or the check is not made out to cash. When either of these conditions is necessary, it shall be signed by the Head Selectperson;
    16. Train the Treasurer Elect.
  4. Nominations for a Clerk Elect shall be taken at or before the second to last Town Meeting of the spring semester. The Clerk Elect will automatically become the new Town Meeting Clerk after Commencement, when they will become Clerk for a term of one year. The Clerk shall:
    1. Serve as a member of the Board of Selectpersons;
    2. Keep minutes for the Selectpersons;
    3. Keep the minutes for the Town Meeting. Post a list of the Offices and Officers of the Town Meeting, the Committees and their Chairpersons and membership, any proposed amendments to the Constitution, Bylaws, or announcements so designated by the Town Meeting or the procedures of Town Meeting.;
    4. Update and maintain online content relating to Town Meeting and the Selectboard;
    5. Ensure that all changes to the Bylaws and/or the Community Constitution are incorporated, before the following Town Meeting, into an electronic medium accessible to students, faculty, and staff.
  5. Selectpersons, Clerk, and Treasurer shall constitute a permanent body to meet with the faculty, staff, or trustees in matters involving the question of jurisdiction. Selectpersons, Clerk and Treasurer may be recalled by a petition signed by two thirds of the student body, followed by a two thirds vote of Town Meeting. An Officer shall have at least one (1) week’s notice.
  6. Advocates:
    1. Two Advocates from the Town Meeting shall be appointed by the Board of Selectpersons to work with the Coordinator of Student Conduct to protect the integrity of the Community. Together with the Coordinator, the Advocates will be responsible for: initiating Community Conduct cases presented to them by other members of the Community; the correct writing of charges; making an effort to settle cases; and for ensuring that Respondents have been advised of their rights.
    2. Upon appointment, the Advocates shall meet with the Coordinator of Student Conduct to review their responsibilities in the Community Conduct process. The Associate Advocate shall assist the Public Advocate in every Community Court case. A Special Advocate, with full responsibilities of the Public Advocate, shall be appointed by the Board of Selectpersons if they and the Associate Advocate refuse a case.
    3. Each Advocate shall be appointed as Associate Advocate to a one year term. Appointments shall be made at the start of each semester, and only one Associate Advocate shall be appointed at a time. On a vacancy in the office of Public Advocate, the Associate Advocate shall assume this role and a new Associate shall be appointed.
  7. The Town Crier shall announce lectures, concerts and other performances or events that concern the Marlboro Community. They are responsible for providing the Community with (1) a set schedule of when and where announcements will take place, and (2) a substitute Crier is unavailable or off campus at one of the scheduled announcement times. The Town Crier may add to their duties as they see fit. All announcements must be presented to the Town Crier in typed or written form before the appropriate announcement times. The Town Crier will be nominated at the last Town Meeting of each spring semester and will be elected by Australian ballot for a term of one year.
  8. Work Coordinators:
    1. The work coordinators shall oversee and organize voluntary work on campus. They shall:
      1. work with the Director of Plant and Operations, the Director of the Outdoor Program, the Farm Manager, the Selectboard and other groups to maintain a public list of available tasks;
      2. arrange times, materials, and work crews for these tasks to be completed;
      3. maintain a public sign up sheet for volunteers;
      4. coordinate at least one workday each semester;
      5. report in every Town Meeting.
    2. There shall be two work coordinators. Each work coordinator shall be elected by Town Meeting for a term of one year. The terms shall be staggered, one beginning at the start of the fall semester and the other at the start of the spring semester.
    3. The work coordinators shall have a budget of not less than $1000 per year and not more than $2000 per year, taken from the Washer/Dryer fund.

Section IV: Town Meeting

  1. There shall be at least three (3) business meetings each year, one for the purpose of orientation in September, one for mid year reports from all Committees in January, and one to approve the Town Meeting budget for the following year in April. Supplementary meetings may be held by decision of the Selectpersons or by petition of fifteen (15) students. A meeting shall be called within two (2) weeks of the presentation of a petition to the Selectpersons, providing that the petition be presented sufficiently in advance to allow posting of a twenty four hour (24) warning of the meeting to the Community.
  2. A quorum is the number of members present unless the decision to implement or transact such business requires a percentile or fixed number of the Community.

Section V: Community Conduct

The Community Conduct process is intended to ensure that community members abide by the rules and bylaws established under the allocation of powers to Town Meeting in Section I. Any member of the community may bring charges of violations of the bylaws to the Public Advocate and the Coordinator of Student Conduct for a Hearing; ordinarily cases will be processed through the Dean of Students’ Office (Dean) as Incident Reports (IR) generated by Student Life staff. The Coordinator will, whenever appropriate and in consultation with the Dean of Students, attempt to settle minor cases informally by seeking an agreement among parties. The Advocate and Coordinator will conduct a preliminary investigation of the complaint. A person charged (Respondent) with violations of the bylaws will meet with the Public Advocate (appointed by the Board of Selectpersons) and the Coordinator of Student Conduct (appointed by the Dean of Students). The rights of the Respondent, the charges, and the range of possible sanctions will be explained in writing. Cases brought by Student Life staff, including Resident Assistants, will always begin in the Administrative Hearing; in all other cases a Respondent can choose to have their case processed through Community Court or an Administrative Hearing. In all cases, if the Respondent takes responsibility for the violation and harmed parties are willing to participate, they can choose to have their case go through a Restorative Justice conference. If there are multiple Respondents, each Respondent can make their own choice, among the processes available to them, regarding the process by which their case will be resolved. Should a case brought before the Coordinator create the appearance of a conflict of interest, or if the Coordinator cannot fulfill their duties, the Dean, at their discretion, may fulfill the functions of the Coordinator or may appoint a temporary Coordinator. The Dean will have sole discretion in whether to appoint a temporary Coordinator. Administrative Hearings cannot result in suspension or expulsion. If the Coordinator determines, either during or at the conclusion of an Administrative Hearing, that suspension or expulsion may be warranted, the Coordinator will take the case to the Community Court as the Complainant as described below.

  1. COMMUNITY COURT PROCEDURES:
    1. The Court shall consist of seven (7) justices: three (3) students, two (2) staff members, and two (2) faculty. Students interested in serving on the Court will submit letters of intent to the Selectboard. Selectboard will then appoint three students at the end of the spring semester for the following academic year. Faculty are appointed for the academic year by the Dean of Faculty. Staff members are appointed for the academic year by the Dean of Students. Staff
      members who already participate in the Community Conduct process, including the appeals process, or who have campus psychological or health responsibilities shall be ineligible to serve on the Court. At the end of the Spring semester, Town Meeting shall also elect a Court Clerk for a term of one year. The Dean of Students will ensure that a comprehensive training will take place regularly for the members of the Court. Cases will be heard by all seven justices, or their replacements as necessary. Decisions are ordinarily arrived at by consensus, but if consensus is not reached, the decision is by a majority.
    2. Community Court Parties: The following is a list of the various people who may be involved in a Community Court case. Should a case brought before the Court create the appearance of a conflict of interest for a justice, they will recuse themselves. If a student justice recuses themself or be unable to fulfill their responsibilities on the Court, they will be replaced by another student appointed by Selectboard. Should a faculty justice recuse themself or be unable to fulfill their responsibilities on the Court, they will be replaced by another faculty member appointed by the Dean of Faculty. Should a staff justice recuse themselves or be unable to fulfill their responsibility on the Court, they will be replaced by another staff member appointed by the Dean of Students.
      1. Presiding Officer: The Court shall appoint (1) of its members as Presiding Officer. The function of the Presiding Officer is to move the court process through the agenda and to answer procedural questions. They may do so in consultation with the other members of the Court, either in open session or in private.
      2. Complainant: The Complainant is the individual(s) who brings a charge that initiates the Community Conduct process. When the Coordinator refers a case to Community Court, the Coordinator will become the Complainant on behalf of the community.
      3. Public Advocate/Associate Advocate: The Public Advocate and the Associate Advocate together with the Coordinator of Student Conduct, are responsible for the correct writing of charges in accordance with the Handbook, for proper investigation (i.e. gathering sufficient evidence), and for assuring that the accused has been advised of their rights.
      4. Respondent: The Respondent is the individual against whom the Complainant is bringing a charge. This person has the right to have a Consultant present.
      5. Consultant to the Respondent: The Consultant to the Respondent may be any member of the Marlboro College community. The role of the Consultant is to advise and support the Respondent, which may include suggesting a question on behalf of the Respondent, helping to prepare their defense, and providing general support. The Respondent may pause the proceedings at any point either to speak with or to dismiss the Consultant.
      6. Head Selectperson or their designee: the Head Selectperson, by virtue of their special position of leadership and general responsibility for the well being of the Community as a whole, may be present at Community Court Hearings, or may designate someone to perform this role.
      7. Dean of Students: The Dean of Students or the Dean’s designee are also present at Community Court Hearings as a resource, to provide information on past cases, procedures, or sanctions, and to consult with the Court on sanctions that will require their supervision. The Dean of Students also maintains a confidential file of all Court proceedings.
      8. Coordinator of Student Conduct: The Coordinator of Student Conduct will be present in all proceedings arising out of the Administrative Judicial Procedures. In appeals to sanctions imposed in Administrative Hearings, the Coordinator will be called as a witness. In cases in which the Coordinator or Dean has recommended suspension or expulsion, the Coordinator will be the Complainant.
      9. Witnesses: Witnesses may be called by either the Complainant or the Respondent. They may either provide direct information about an event or serve as a character witness. Their testimony will be coordinated before the Hearing by the Public Advocate and Associate Advocate.
      10. Court Clerk: The Court Clerk keeps a written record of both open and closed Hearings (but not of the deliberations). These records are kept by the Dean of Students in a confidential file. The Court Clerk shall also distribute the record and a copy of any sentencing statement to all appropriate parties to the Hearing.
    3. The Court at its discretion may declare the Hearing open, but Hearings are normally closed. The Court normally respects the wishes of the Respondent as to whether the Hearing should be open. Should the Respondent request an open Hearing and the Court agree, the Respondent, if a student, must sign a FERPA waiver provided by the Dean of Students, allowing any and all community members to hear the proceedings of the case. At any point during the proceedings in an open case, the Respondent may ask the Court to close the Hearing.
    4. All court Hearings will begin with a statement of the charges, an overview of the material to be presented, and a list of those to testify. The Respondent may rebut or comment upon the charges immediately, plead guilty, or wait until all the testimony has been heard. The Respondent has the right to hear or see all the evidence presented against them. Witnesses are normally present only for their own testimony, but may be allowed to stay if the Respondent so elects. Only the Court or Public Advocate may question witnesses directly. After the witnesses have been heard, the Head Selectperson, the Dean, the Consultant to the Respondent, and finally the Respondent may address the Court as they see fit. The Head Selectperson may articulate for the Court the impact on the Community of the alleged actions. The Dean often uses this opportunity to restate the seriousness of the alleged action. In cases where the penalty is not specified by the bylaws, the Dean will bring previous, similar cases and their penalties, to the attention of the Court for consideration as precedents.
      1. The deliberations of the Court are conducted in private and are strictly confidential. The Court shall determine its verdict before any discussion of penalty.
      2. When a decision is rendered and sanction(s) imposed, an explanation will be provided in writing with the rationale for the decision, both to clarify the decision for the Respondent and to clarify the basis for future precedent or the reason for departing from past precedent. In the event that the sentence proposed will require the supervision of the Dean of Students (as, for instance, in all cases of suspension, expulsion, or any form of social probation), the Court shall confer with the Dean of Students before announcing the sentence, to insure that the details of the execution of its sentence are both clear and practical. The Respondent is not normally present for such consultation, but may be allowed to be present at the discretion of the Court. Penalties imposed by the Court are final and effective immediately.
  2. ADMINISTRATIVE HEARING PROCEDURES:
    1. If the Respondent chooses an Administrative Hearing, the Complainant(s) and the Respondent(s) will be notified in writing at least 48 hours before the time of the Hearing. The notification will include the charge(s), a description of the conduct alleged, and an enumeration of the rights of Complainant(s) and Respondent(s) under this policy.
      1. If a full Hearing is required, Respondent(s) will meet with the Coordinator in the Administrative Hearing to settle the case. Respondents can request a written summary of the evidence against them, to be furnished in the Administrative Hearing. Respondent(s) can respond to the charges against them in writing, also to be furnished in the meeting, but are not required to do so. Complainant(s) are not ordinarily present at Administrative Hearings, but may join if both the Coordinator and the Respondent(s) agree to it. Respondent(s) may ask any community member to act as Consultant in the Administrative Hearing. The Consultant will have no formal role in the Hearing.
      2. If the Coordinator cannot fulfill their duties at the Administrative Hearing, or if the Coordinator recuses themselves, the Dean, at their discretion, may conduct the Hearing themselves, or may appoint a temporary Coordinator to conduct the Hearing. Respondent(s) may request a temporary Coordinator in cases of conflict of interest by writing to the Dean at least 24 hours before the scheduled Hearing. The Dean will have sole discretion in whether to appoint a temporary Coordinator.
    2. All Hearings will begin with a statement of the charges, an overview of the material to be presented, and a list of those to testify. The Respondent may rebut or comment upon the charges immediately, plead guilty, or wait until all the testimony has been heard. The Respondent has the right to hear or see all the evidence presented against them. Witnesses are normally present only for their own testimony, but may be allowed to stay if the Respondent so elects and the Coordinator agrees. Only the Coordinator may question witnesses directly.
      1. All Hearings are held in private and are confidential.
      2. At the conclusion of the Administrative Hearing, the Coordinator will determine the appropriate sanction in consultation with the Dean. If the Coordinator determines that suspension or expulsion may be appropriate sanctions, the Coordinator will take the case to Community Court, as Complainant, according to the procedures specified in the “Community Court” section above. When a decision is rendered and sanction(s) imposed, an explanation will be provided in writing to the Respondent with the rationale for the decision. Penalties imposed by the Coordinator are effective immediately.
  3. RESTORATIVE JUSTICE CONFERENCE:
    1. A Restorative Justice conference is a collaborative decision-making process that includes harmed parties, offenders, and others who are seeking to hold offenders accountable and repair harm. Led by two trained facilitators selected by the Coordinator of Student Conduct, the conference focuses on the facilitated dialogue between the Respondent(s) and harmed parties. After a discussion of the harm, the parties determine what steps the Respondent(s) can take to repair the harm.
    2. The goal of the Restorative Justice Process is to assist Respondent(s) to:
      1. Accept and acknowledge responsibility for their offenses;
      2. To the best of their ability, repair the harm they caused to harmed parties and the community;
      3. Work to rebuild trust by showing understanding of the harm, addressing personal issues, and building positive social connections.
    3. The Dean of Students will ensure a comprehensive training is offered for community members interested in facilitating Restorative Justice conferences and that there is an available pool of trained Restorative Justice facilitators.
    4. If both facilitators determine that the Restorative Justice conference cannot be appropriately resolved, they will refer the Respondent back to the Public Advocate and Coordinator.
  4. Cases will ordinarily be deferred or suspended during a criminal investigation by law enforcement officials, when charges are being brought outside the College, or when the actions alleged are the subject of a civil suit, pending resolution of the outside investigation, case, or suit.
  5. APPEALS
    1. Any defendant who believes that due process has been violated or that the penalty imposed is disproportionate may request that the Dean’s Advisory Committee review the procedures followed in reaching the decision. This request must be made in writing within five (5) working days from the date of the decision. Should the Dean’s Advisory Committee find that due process has been violated or that the penalty seems disproportionate, they shall issue instructions to reconsider the case in light of those findings. Either the Coordinator or Court, whoever heard the original case, may correct any process error and either reach a new verdict, impose a different penalty, or reaffirm the earlier decision, with additional explanation. On appeal, no suspension or expulsion may be imposed until the Dean’s Advisory Committee and the Coordinator or Court (whoever heard the original case) agree. A decided case may be appealed directly to the Coordinator or Court, after consultation with the Advocate and Coordinator, where relevant new evidence arises, provided that such new evidence was clearly unavailable through reasonable investigation at the time of the original Hearing.
  6. JURISDICTION
    1. Community Conduct Procedures shall address the following:
      1. Violation of the rules promulgated by Town Meeting, including:
        1. Alcohol and Other Drugs: Failure to comply with the Alcohol and Other Drug Policy.
        2. Fire Safety: Failure to comply with the College’s Fire Regulations.
        3. Firearms: Failure to comply with the College’s Firearms Regulations.
        4. Smoking: Failure to comply with the College’s Smoking Ban.
        5. Motor Vehicle: Failure to comply with the College’s Motor Vehicle Regulations.
      2. Theft and Vandalism: Misappropriation of personal or College property, or causing damage to personal or College property through negligence or deliberate intent.
      3. Trespassing: Unauthorized entry, use, or occupation of College facilities that are locked, closed, or otherwise restricted as to use.
      4. Bullying and Intimidation: Any electronic, verbal, written, or physical act or series of acts which substantially interferes with a community member’s education, employment, or full participation in the college experience.
      5. Discrimination: Any act or failure to act that is based upon an individual or group’s actual or perceived status included in the College’s non-discrimination statement that limits or denies the ability to participate in or benefit from the College’s educational programs or activities.
      6. Endangerment: Any physical intimidation, act of violence, or conduct which threatens or endangers the health, safety, or well-being of any person or group.
      7. Harassment (non-sexual): Any conduct (physical, verbal, graphic, written, or electronic) that is sufficiently severe, pervasive, or persistent so as to interfere unreasonably with or limit the ability of another individual to participate in or benefit from the activities, programs, and services provided by the College, or has the purpose of creating an intimidating or hostile environment.
      8. Unauthorized Use of Electronic or Other Devices: Making an audio or video record of any person while on College premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in any place where there is a reasonable expectation of privacy.
      9. Violation of Library Rules.
      10. Conduct Prejudicial to the Best Interests of the College: Any conduct that is considered to be inconsistent with the College’s vision, mission, and expectation for members of the community.
        1. Community Court will have sole jurisdiction over the following:
          1. Contempt of Court.
          2. Interpretation of Town Meeting rules.
          3. Determination of constitutionality of Town Meeting Laws and Bylaws.
  7. POSSIBLE SANCTIONS
    1. The following sanctions, or any combination thereof, may be applied to community member(s) for conduct violations:
      1. Educational: examples include community service, educational projects, presentations, or workshops related to the violation and designed to assist community members in better understanding the impact of their behavior on self and others.
      2. Counseling Assessment/Evaluation: commonly recommended to assist the student in better understanding the personal decisions or emotional issues that contributed to their behavior.
      3. Restitution/Fines: involves the replacement of property or payment for the replacement or repair of property damaged as well as fines assessed
      4. Housing Ban: involves restricting a student from a particular residence hall or all residence halls with the exception of the one in which the student resides.
      5. Housing Relocation: if space is available, a student may be moved to a different room or residence hall.
      6. Housing Probation: means that another violation may result in expulsion from college housing.
      7. Revocation of Housing Privileges: means that the student is removed and banned from college housing.
      8. Social Probation: means that another violation may result in the student being allowed on campus only for academic reasons (e.g. classes, library, meeting with faculty).
      9. Social Restriction: means the student is banned from campus with the exception of classes, library work, or meetings with advisor/faculty.
      10. Suspension: this action results in the involuntary withdrawal of the student from the college, its programs, and facilities for a specified period of time (e.g. semester, academic year).
      11. Expulsion: this action results in the permanent separation of the student from the college, its programs, and facilities.

Section VI: Amendments to the Constitution

The Constitution may be amended as follows: The proposed amendments shall be offered and read at one Town Meeting, and acted upon by the next, after an interval of at least one (1) week. The amendment shall be approved by not less than a two thirds majority of those present at said meeting, and by a number of those present equal to not less than thirty percent of the total number of active faculty, staff, and students. In any proceedings which require a vote of thirty percent of the total number of faculty, staff, and students and in which the faculty will not vote because the issue is to come before the Faculty Meeting, the thirty percent requirement will be reduced to a number equal to thirty percent of the total number of students and staff.

Section VII: Town Meeting Bylaws

Other Community matters shall be regulated by Bylaws passed by a majority of the Town Meeting. The amendment or repeal of a Bylaw may be proposed at one meeting, but may not be voted upon until the following meeting.

Detours

(a mostly random selection of Marlboro microdestinations)