Honor Committee Hearings

Honor System Committee Hearings: Rights and Procedures

This document is designed to provide participants in Honor System Committee hearings with a guide to the rights enjoyed by participants and to what they may expect as normal procedure. Please note that the Honor System Committee is not a court and an honor hearing is not a trial. These procedures constitute a guide to expected behavior, but the committee and its officers are free to act flexibly in ways consistent with fairness, and minor variations should not be considered violations of procedure.

Before a Hearing

A case begins when a member of the community comes forward with evidence that a violation of the Honor Code has occurred. That person normally brings the suspected violation to the attention of the Student Chair (SC) or the Faculty Chair (FC). If the chairs decide that there is sufficient evidence to proceed, the SC meets with the concerned student(s) as soon as practicable, informs them of the allegation, and presents them with copies of the supporting evidence and this document. The SC listens to what the student(s) have to say and provides instruction/guidance concerning the honor committee's standard procedures and their rights. The conversation between the SC and the accused may become part of the evidence at a hearing at the discretion of the SC, but the SC should make clear whether the conversation is confidential or not at the time.
Having met with the accused student(s), the SC decides if there are sufficient grounds to convene a hearing, consulting with the FC if s/he wishes to. If additional investigation is called for before the hearing is convened, the Dean of the College or someone designated by the Dean will conduct such an investigation. The FC will meet with the members of the faculty or staff who will be appearing at the hearing to acquaint them with hearing procedure.
The SC will invite the accused to consult with the Honor Counselor, a self-nominated student appointed by the SC. The Honor Counselor will be available for detailed consultation about the Honor System and preparation for the upcoming hearing. The Honor Counselor may designate a Junior Honor Counselor, if the SC has appointed one, to act in the Honor Counselor's role.
When the case is ready to move forward, the SC, FC, and Dean decide on a time for the hearing. Other members of the committee are not informed of the nature of the case or the identity of the participants before the hearing convenes. The SC informs the accused student(s) of the time and place of the hearing.
For the hearing the Dean's Office will have prepared sufficient copies of all written evidence for committee members and the accused. Accused students have the right and responsibility to present any relevant evidence. They have the right to call witnesses on their behalf. Students presenting written evidence should bring sufficient copies for the committee; if they need assistance in preparing evidence, they may call on the Dean's Office for help through the Honor Counselor, the SC, the FC, or the Dean. Accused students have the right to be accompanied by an advisor. The advisor must be a member of the College community (i.e., student, faculty or staff). An accused student may not be accompanied by or represented by an attorney. During the hearing the advisor and the accused student may speak to one another, but the advisor may not address the committee or question witnesses. The Honor Counselor may act as the advisor with the same constraints as would apply to any other advisor.

The Hearing

A quorum of three-fourths of voting members must be present. All parties are brought into the room. The SC brings the hearing to order. If a member of the committee has a significant reason to doubt his or her ability to consider the case fairly, he or she may ask to be recused by the committee at this time; acquaintance or friendship with a participant alone are not grounds for recusal. Members of the committee introduce themselves. The SC reminds all present that the hearing is held in strictest confidence; nothing that transpires may be described or discussed outside the hearing. The SC then describes the procedures of the hearing itself. All notes, evidence, etc., must be left in the room and will be shredded, save original copies of evidence to be retained by the Dean. Witnesses not immediately presenting evidence wait outside the room until called.
The accuser presents his or her evidence and explains why s/he suspects an Honor Code violation has taken place. Members of the committee may ask the accuser----questions for clarification at any time.
When the accuser has finished presenting his or her evidence, the committee briefly questions him or her. The the accused student(s) may then question the accuser. If there are additional accusing witnesses, they are brought in serially and questioned first by the committee and then by the accused student(s).
The student(s) will then respond to the charges, presenting evidence and has the option of questioning the accuser. At this time they may also choose to call witnesses on their behalf. Witnesses are brought in serially, appearing one at a time. The accuser remains present. The committee questions the accused student and any witnesses in turn. The committee may ask the accuser for additional clarifying information, and after all evidence is presented, the committee may further question the accuser and accused.
The accuser and any remaining witnesses leave the hearing. The student is allowed to address the committee in the accuser's absence and to answer any final questions.
The SC escorts the student(s) from the room and arranges a time and place to meet after the hearing is concluded.
The committee deliberates, deciding three questions: 1) is the alleged behavior an infraction of the Honor Code? 2) if it is, did the accused student commit the infraction? and 3) what penalty is recommended to the Dean? All members of the committee participate in the deliberations; only the student members vote. A vote of three-quarters of those present and voting is required for conviction. In the event that a three-quarters vote of the present and voting members cannot be reached, one or more students may endorse separate recommended sanctions.

After the Hearing

After the hearing the SC meets individually with the student(s) to inform them of the committee's decision. If the student(s) have been judged guilty, the nature of the penalty recommended is not conveyed at this time. The FC informs the accuser of the outcome of the hearing. The Dean informs the student(s) found guilty of the penalty applied for the violation. Sanctions applied may range from a letter of warning, to failure on an assignment, to failure in the course, to suspension, to expulsion from the College. Sanctions are often augmented by placing the student on disciplinary probation for a set period, ranging from a semester to several years. A student who is found to have committed a breach of the Code of Conduct or the Honor Code while on disciplinary probation is usually subject to severe sanctions, including suspension or expulsion. Unlike a letter of warning, disciplinary probation is considered a "reportable offense" and becomes part of the student's official permanent record. There are no penalties automatically imposed for a given offense; much depends on the nature of the offense, possible mitigating factors, and the student's demeanor at the hearing.

A student who has been found guilty of a violation of the Honor Code by the Honor System Committee may appeal for reconsideration of the decision on grounds of unfair or inadequate procedure or on the basis of substantial new evidence. An appeal should be submitted in writing to the FC and the SC. The committee will decide by majority vote whether to reconsider the case. If it decides to do so, a new hearing will be convened and the case heard again in its entirety.

Approved by unanimous vote of the Honor System Committee October 1, 2009.