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Article 13 - Penalties
A. When determining a penalty in the case of a
proven Class I violation or reviewing a potential
penalty in a Class II violation case, the Council is
responsible for assuring the effectiveness of the
honor system for the Birmingham-Southern com-
munity. If the Council finds there has been a vio-
lation, a penalty shall then be decided upon by a
majority of the Council present and voting.
B. No recommendation for the imposition of penal-
ties may be based solely upon the failure of the
accused to answer the charges or not appear at
the hearing.
C. Penalties shall be determined as follows:
1.
The Council may impose the penalty of expul-
sion or lesser penalties depending on the indi-
vidual nature of each case. The criteria used
in determining penalties include:
a. assuring the effectiveness of the honor sys-
tem,
b. the offender’s ability to continue under the
honor system,
c. the severity of the offense,
d. prior findings of the violations of the
Honor Code, and/or
e. extenuating circumstances.
2.
If the Council deems the offender capable of
living in the Birmingham-Southern communi-
ty and abiding by the Honor Code at some
later point in time, then the penalty may be
commuted to suspension. The penalty of sus-
pension may be given for one, two, or three
terms. In addition, the Council may impose
such other penalties during or after the period
of suspension as it deems appropriate includ-
ing, but not limited to, prohibiting the student
from representing the institution in any event,
holding any student office, making restitution
for misappropriation of property, receiving
counseling or performing appropriate public
service. Penalties imposed during suspension
must be adhered to and/or completed before
readmission to the College.
3.
After considering extenuating circumstances
and/or severity of the offense, the Council
may commute the penalty to probation. The
penalty of probation may range from one
semester to the duration of time the student
is at Birmingham-Southern College. In addi-
tion, the Council may impose such other
penalties during the period of probation as it
deems appropriate including, but not limited
to, prohibiting the student from representing
the institution in any event, holding any stu-
dent office, making restitution for misappro-
priation of property, receiving counseling or
performing appropriate public service.
Penalties and deadlines imposed for the
period of probation must be adhered to
and/or completed by the end of the proba-
tionary period. The completion of these penal-
ties will be reviewed by the Vice President for
Student Development and may be referred
back to the Honor Council to determine if
the penalties have been completed in an
appropriate manner. A determination that the
penalties have not been appropriately com-
pleted may result in a continuation of proba-
tion and/or additional sanctions/penalties.
4.
In the case of a finding of a violation of the
Honor Code regarding course work, the
Council shall not recommend a grade, and the
faculty member for such course shall give the
student whatever penalty he/she deems appro-
priate. In the case the Council finds there has
been no violation of the Honor Code regard-
ing course work, the faculty member for such
course shall not impose a penalty.
D. The definitions of the penalties are as follows:
1.
Expulsion from the College means that the
individual must leave the campus and shall
not be eligible for readmission to Birming-
ham-Southern. A notation of the expulsion for
a violation of the Honor Code shall appear on
his/her permanent record.
2.
Suspension means that the individual must
leave the campus and shall not be eligible for
readmission to Birmingham-Southern until
the end of the suspension term and upon the
successful completion of all terms of suspen-
sion. Notation of the suspension shall appear
on the individual’s permanent record. Upon a
written request to the President, the Council
may consider whether or not to remove a
notation of suspension on the individual’s per-
manent record.
3.
Probation means that the individual must
maintain a clear record for the duration of the
penalty set forth by the Council. The duration
of the probation may range from one semes-
ter to the end of a student’s time at Birming-
ham-Southern College. During that time, the
Council may impose other penalties during
the probation period as stated in the Article
13.
C.3.
Article 14 - Appeals in Class I Violation Cases
A. A written appeal from a finding by the Council in
a Class I violation case may be made by the
offender to the President of the College within
