Page 14 - BSC Student Handbook 2012-2013

five class days of the decision or before the last
day of the term, whichever comes first. The Pres-
ident of the College may review the case person-
ally or appoint a committee to review the case.
B. An appeal shall be limited to a review of the full
report of the Council, including the hearing tran-
script, for the purpose of determining whether it
acted in accordance with procedural and substan-
tive fairness. An appeal on the basis of substan-
tive fairness may not contest the factual findings
of the Council but is limited on the basis of the
fundamental fairness of the penalty or the appli-
cation of the standards of the Honor Code.
C. An appeal may not result in a more severe penal-
ty for the accused by the President or committee
appointed by the President but may result in a
reduction or removal of penalties without rehear-
ing by the Council.
D. An appeal in which the finding of the Council is
reversed may be remanded to the Council for
rehearing with a written opinion or direction of
the reviewing authority.
Article 15 - Reopening a Case
No case may be reopened unless new information is
discovered. Such information must have been
unknown to the Council at the time of hearing. If a
case is reopened, procedures shall be as if it were a
new case.
Article 16 - Bylaws
The Council may, by a two-thirds vote of its mem-
bership, adopt whatever procedures it deems neces-
sary that do not contravene this constitution to
insure the effective execution of the Council’s duties.
Article 17 - Amendment
An amendment to this Constitution shall originate in
either the Student Legislature or the Honor Council
and must be approved by two-thirds of the voting
members of both bodies. Upon approval by the
President of the College, the proposed amendment
shall become effective.
Article 18 - Ratification
This Constitution shall become effective immediate-
ly upon approval by the Student Legislature and the
Honor Council by a two-thirds majority of each
body, and upon approval by the President of the
The following types of misconduct are among the
areas subject to disciplinary action, however this list
should not be considered exhaustive:
Intentional disruption or obstruction of teaching,
research, administration, disciplinary proceed-
ings, student events, athletic contests, or any
other College activities.
Failure to comply with the directions of College
officials, law enforcement officers, or hearing
panels acting in the performance of their duties,
or to respond honestly to their requests for infor-
mation. Lack of honesty may also be considered
violations of the Honor Code and handled by the
Honor Council.
Physical, written, or verbal abuse of a member of
the College community, or any other person on
College premises or at College sanctioned events.
Behavior which threatens, intimidates, or endan-
gers the health or safety of any person or persons
on College premises or at a College sanctioned
event or program.
Actions that can be considered hazing, as defined
in the Birmingham-Southern College Hazing Pol-
icy (see page 18).
Behavior which violates the College’s policies as
outlined in the following section of this Hand-
Alcohol Policy (see page 15)
Driving Under the Influence Policy (see
page 16)
Illegal Drug Policy (see page 17)
Weapons Policy (see page 18).
Damage to College property or to the property
of a member of the College community or other
personal or public property, on or off campus.
Conduct which is disorderly, lewd, indecent or
Conduct which could be construed to be a viola-
tion of civil law on or off College premises in a
way that affects the College community’s pursuit
of its proper educational purposes.
Violation of any College policy, rule, or regulation
published in other official College documents,
including but not limited to the College’s
and Residential Living
or available electronically
on the College’s official website.
Violation of any federal, state, or local law
Behavior by guests of students which violates the
above listed provisions of the Student Conduct
Presence during a violation of the above listed
provisions of the Student Conduct Policy, even
though the student is not directly involved in the