Page 18 - BSC Student Handbook 2012-2013

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5.
The above list of penalties shall not preclude
the authority of the Council to impose other
appropriate penalties.
Article 10 - Appeal
A. A written appeal from a finding by the Council
may be made by the offender to the President of
the College within five days of the decision or
before the last day of the term, whichever comes
first. The President of the College may review
the case personally 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
application of the standards of the Social
Regulations and Policies.
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 directive of
the reviewing authority.
Article 11 - Reopening a Case
No case may be reopened unless new information is
discovered. Such evidence 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 12 - 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 13 - 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
College.
EXPLANATION OF SANCTIONS
Questions often arise about the meaning and
practical implications of various sanctions that are
imposed following violations of the Student Conduct
Policy and other College regulations and policies.
The following information is intended to help clarify
some of the potential penalties for individual stu-
dents or groups comprised of students.
Educational Sanctions
A primary purpose of the Student Conduct
process is to ensure that students learn from inci-
dents involving their violation of College regulations
and policies so they will not continue to exhibit the
same behaviors. Many of the sanctions applied to
students will require them to complete assignments
or tasks directly related to their violation, and there-
fore will vary widely. Examples of such sanctions
include service to the College for vandalism to cam-
pus property, or research papers and essays when
knowledge may be gained by seeking information
and reflecting upon the behaviors involved in an
incident. Counseling may be required when circum-
stances indicate such help would benefit the student.
Online programs and tutorials are another common
outcome following violations.
Fines
To deter further violations of the College’s poli-
cies, fines are sometimes required of students. For
example, alcohol violations typically result in $50
fines initially and increase thereafter, while driving
under the influence leads to a minimum $250 fine.
Violations related to illegal and prescription drugs
typically begin at $100.
Restitution
When students’ actions lead to theft or damages
of College property or grounds, or theft or damages
of the property of other individuals, students will
become responsible for paying for the entire replace-
ment or repair of the property. The replacement
values and costs will be determined by appropriate
officials of the College (i.e., Vice President for
Administration) or other companies (i.e., insurance
adjusters) deemed appropriate by College officials,
in consultation with any victims involved in the
incident.
Drug Testing
Students found to have violated substance abuse
policies of the College will commonly be required to