The Honor Council Constitution

Article 9 - Full Hearing for Class I Violations

The procedure for a full Honor Council hearing in cases involving Class I violations shall be as follows:
1. The President presides. In the absence of the President, the Vice President presides.
2. Seven members of the Council, exclusive of the presenter, the advisor for the accused (should such advisor be a member of the Council), and the President of the Council shall constitute a quorum for a hearing.
3. The hearing shall be taped, and the Secretary shall keep a record of the proceedings.
4. The presenter shall present the case against the accused.
5. The accused has the right to be present throughout the hearing except during the Council's deliberations as to the finding and penalty.
6. The victim(s) of the alleged Class I violation as determined by the Council, if any, may be present at the hearing, call witnesses, and be informed of the outcome.
7. No witness, other than the accused if he/she chooses to testify, shall be allowed to hear the testimony of other witnesses.
8. Before testifying, every witness shall be reminded that their testimony is subject to the Honor Code.
9. The Council shall call witnesses, consider the information presented, and question the accused should the accused choose to testify until it has exhausted every reasonable method of ascertaining the facts. The accused may choose not to testify.
10. If the Council feels that an adequate decision cannot be reached without additional information or special consultation, then a motion can be made to table deliberations for a maximum of 72 hours.
11. The Council shall not consider the accused's past convictions for violations of the Honor Code and/or Social Regulations or Policies in determining its decision, but may consider information concerning the offender's past violations, if any, in determining the penalty.
12. Since the Council is not a legal body and procedures are not conducted in an adversarial manner, unless the alleged Class I violation of the Honor Code also constitutes a felony, an attorney may neither be consulted during the hearing, nor be present at a hearing, review, or reconsideration. If the alleged Class I violation of the Honor Code does constitute a felony, then the accused may be advised but not represented by his/her attorney during the hearing.
13. The accused may call all relevant witnesses.
14. The Council must act with complete impartiality. After consultation with the President, a Council member may be excused from a case where personal involvement may constitute a conflict of interest.
15. 1The accused shall be considered innocent throughout the hearing until there is a finding that the accused has committed a violation of the Honor Code. Such a finding shall be based on clear and convincing evidence and by a majority of the Council present and voting. Otherwise, the case shall be dismissed.