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Honor Council

The Honor Council Constitution

Article 13 - Penalties

  1. When determining a penalty in the case of a proven Class I violation or reviewing a potential penalty in a Class II violation case, the Council is responsible for assuring the effectiveness of the honor system for the Birmingham-Southern community. If the Council finds there has been a violation, a penalty shall then be decided upon by a majority of the Council present and voting.

  2. No recommendation for the imposition of penalties may be based solely upon the failure of the accused to answer the charges or not appear at the hearing.

  3. Penalties shall be determined as follows:

    1. The Council may impose the penalty of expulsion or lesser penalties depending on the individual nature of each case. The criteria used in determining penalties include:

      1. assuring the effectiveness of the honor system,

      2. the offender's ability to continue under the honor system,

      3. the severity of the offense,

      4. prior findings of the violations of the Honor Code, and/or

      5. extenuating circumstances.

    2. If the Council deems the offender capable of living in the Birmingham-Southern community and abiding by the Honor Code at some later point in time, then the penalty may be commuted to suspension. The penalty of suspension may be given for one, two, or three terms. In addition, the Council may impose such other penalties during or after the period of suspension as it deems appropriate including, but not limited to, prohibiting the student from representing the institution in any event, holding any student office, making restitution for misappropriation of property, receiving counseling or performing appropriate public service. Penalties imposed during suspension must be adhered to and/or completed before readmission to The College.

    3. After considering extenuating circumstances and/or severity of the offense, the Council may commute the penalty to probation. The penalty of probation may range from one semester to the duration of time the student is at Birmingham-Southern College. In addition, the Council may impose such other penalties during the period of probation as it deems appropriate including, but not limited to, prohibiting the student from representing the institution in any event, holding any student office, making restitution for misappropriation of property, receiving counseling or performing appropriate public service. Penalties and deadlines imposed for the period of probation must be adhered to and/or completed by the end of the probationary period. The completion of these penalties will be reviewed by the Dean of Students and may be referred back to the Honor Council to determine if the penalties have been completed in an appropriate manner. A determination that the penalties have not been appropriately completed may result in a continuation of probation and/or additional sanctions/penalties.

    4. In the case of a finding of a violation of the Honor Code regarding course work, the Council shall not recommend a grade, and the faculty member for such course shall give the student whatever penalty he/she deems appropriate. In the case the Council finds there has been no violation of the Honor Code regarding course work, the faculty member for such course shall not impose a penalty.

  4. The definitions of the penalties are as follows:

    1. Expulsion from The College means that the individual must leave the campus and shall not be eligible for readmission to Birmingham-Southern. A notation of the expulsion for a violation of the Honor Code shall appear on his/her permanent record.

    2. Suspension means that the individual must leave the campus and shall not be eligible for readmission to Birmingham-Southern until the end of the suspension term and upon the successful completion of all terms of suspension. Notation of the suspension shall appear on the individual's permanent record. Upon a written request to the President, the Council may consider whether or not to remove a notation of suspension on the individual's permanent record.

    3. Probation means that the individual must maintain a clear record for the duration of the penalty set forth by the Council. The duration of the probation may range from one semester to the end of a student's time at Birmingham-Southern College. During that time, the Council may impose other penalties during the probation period as stated in the Article 13.C.3.

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