Page 15 - BSC Student Handbook 2012-2013

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violation, if the student had prior knowledge of
the violation and/or takes no preventive action to
see that the violation ceases and/or fails to inform
College officials.
THE SOCIAL COUNCIL
The Social Council Constitution establishes a
three person panel which hears cases involving indi-
vidual or group violations of the social policies and
procedures of the College. Members of the Council
include faculty members and staff persons as
appointed by the President of the College, and an
officer of the Honor Council. The Vice-President of
the Honor Council typically sits on the Social Coun-
cil, but other officers of the Honor Council can take
on this role if potential conflicts of interest or other
issues arise and a substitute is needed. Violations of
College policy that do not involve lying, cheating,
or stealing are defined as social infractions. Such
infractions may be handled by the Vice President for
Student Development, the Dean of Students, or their
designee, or may be referred to the Social Council.
SOCIAL CONDUCT COUNCIL
CONSTITUTION
Article 1 - Membership
The Social Conduct Council (“Council”) shall be
composed of the Vice President of the Honor
Council who shall serve as President of the Social
Conduct Council (“President of the Council”), and
faculty and staff members appointed annually by
the President of the College, in consultation with
the Provost and Vice President for Student Develop-
ment. An officer of the Honor Council may serve in
place of the Vice President of the Honor Council.
Article 2 - Investigation
Upon notification of a suspected violation of a Social
Regulation or Policy, the Vice President for Student
Development, Dean of Students, or their designee
(
either such person hereinafter referred to as “Con-
duct Officer”) shall thoroughly investigate the
reported violation. The Conduct Officer may inter-
view all necessary persons including, but not limited
to, the accused, any possible alleged victims, and any
material witnesses.
Article 3 - Admission of Violation
If the Conduct Officer and the accused agree that
the accused has violated a Social Regulation or
Policy, the Conduct Officer shall then impose a
penalty pursuant to Article 9.
Article 4 - Request for Hearing
If the accused denies there has been a violation of a
Social Regulation or Policy or if the accused objects
to the penalty imposed by the Conduct Officer,
within two class days of notification by the Conduct
Officer, the accused may request in writing a hearing
before the Council. The Conduct Officer may
choose to hold a hearing before the Council without
imposing a penalty.
Article 5 - Rights of the Accused at the Hearing
A. At the hearing, the accused student shall be
afforded the following rights:
1.
The accused shall be notified in writing of a
hearing at least 72 hours prior to the hearing.
This time period may be shortened upon the
concurrence of the accused and the President
of the Council. The hearing must take place
within 10 class days from receipt of the
request for a hearing, unless the Council
grants a reasonable extension of time for
extenuating circumstances. The accused does
not have to appear at the hearing. In such
case, the hearing will be held and evidence in
support of the charges will be presented and
considered as if the accused were present.
2.
The accused may select any willing student,
faculty or staff member of Birmingham-
Southern College to serve as his/her advisor.
As well, the accused may choose from a pool
of four student advisors that are selected by
the SGA.
3.
The accused may call relevant witnesses to
testify on his/her behalf. The defendant shall
request in writing to the President of the
Council that a request be issued to a relevant
material witness. Any witness requested to
appear who fails to appear before the Council
shall be charged with a Social Regulation vio-
lation. Reasonable notice must be given to
any witness requested to appear.
4.
The accused may address and question the
Council during his or her appearance before
the Council.
5.
The accused may hear the testimony of wit-
nesses called and may cross-examine them.
6.
The accused may call one or two character
witnesses to testify on his/her behalf.
7.
The accused may consult in confidence only
those within the prescribed bounds of privacy
as described in Article 7.
8.
In cases in which two or more are accused of
a joint violation, the Council shall arrive at an
independent decision for each accused.