The Honor Council Constitution

Article 10 - Honor Council Subcommittee Hearings for Class II Violations

Honor Council violations meeting the following criteria — and thus designated “Class II” violations — will be handled by an Honor Council subcommittee hearing as provided in Article 10.C below. For a Class II violation to be eligible for Honor Council subcommittee treatment, each of the following criteria must be satisfied:
1. The student violator, faculty member, staff member, or student filing the charge must consider the violation to be a “Class II” violation as defined in Article 4.B.
2. Honor Council subcommittee members must consider the violation to be a Class II violation.
3. The student violator must admit to having violated the Honor Code.
4. The student violator and the party filing the charge must agree, in substantial detail, on the facts surrounding the violation, as well as on any proposed sanctions.
5. The student violator must not have had any past Honor Code violations (Class I or Class II).
The Honor Council subcommittee shall consist of three voting members as follows: Honor Council President, plus two at-large members of the Honor Council. The Dean of Students and the Faculty Advisor to the Honor Council shall serve in advisory roles to the Honor Council subcommittee.
The procedure for Honor Council subcommittee hearings shall be as follows:
1. The President of the Honor Council presides.
2. Documentation submitted by the party filing the charge and the student violator will be reviewed to ensure that the criteria for the decision to be made by the Honor Council subcommittee satisfies the criteria set forth in Article 10.A.
3. If the criteria required by Article 10.A have not been met, the case may not be heard by the Honor Council subcommittee and must be referred to the entire Honor Council for a full hearing. The decision to refer a case for a full hearing must be unanimous by the voting members of the subcommittee.
4. If the criteria are satisfied for the violation to be heard by the Honor Council subcommittee, such Honor Council subcommittee may approve any or all proposed sanctions.
5. If the criteria are satisfied for the violation to be considered by the Honor Council subcommittee, but revisions or additions to the proposed sanctions are recommended, the party filing the charges and the student violator will be contacting to approve any and all proposed revisions. If such proposed revisions are not approved by both the party filing the charges and the student violator, the matter will be referred to the entire Honor Council for a full hearing.
6. If a full hearing is recommended by the Honor Council subcommittee, the President of the Honor Council will assign the student violator an advisor from among the subcommittee members who reviewed the student's case. The student violator is not obligated to accept the advisor from among the Honor Council subcommittee members who reviewed the student violator's case. Rather, the student violator has the right to select any willing student, faculty member or staff member of Birmingham-Southern College to serve as his/her advisor. The Presenter for the case will also be assigned by the President and chosen from the Honor Council subcommittee members who initially reviewed the case.