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Honor Council

The Honor Council Constitution

Article 8 - Rights of the Accused in Class I Violation Cases

  1. At the hearing, of cases involving Class I violations the accused 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 notification of the accused, unless the President of 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 shall be given in writing an account of the charges against him/her, including the nature and circumstances of the alleged violation.

    3. The President of the Council shall assign the accused an advisor from the members of the Council (excluding the President). Rather than use the advisor appointed by the President of the Council, with reasonable notice to the President of the Council, the accused may select a willing student, faculty member or staff member of Birmingham-Southern College to serve as his/her advisor.

    4. 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 violation of the Honor Code. Reasonable notice must be given to any witness requested to appear.

    5. The accused may address and question the Council during his or her appearance before the Council.

    6. The accused may hear the testimony of witnesses called and may cross-examine them.

    7. The accused may call one or two character witnesses to testify on his/her behalf.

    8. The accused may consult in confidence only those within the prescribed bounds of privacy as described in Article 11.

    9. The accused may be found in violation only of that offense for which he/she has been accused.

    10. In cases in which two or more are accused of a joint violation, the Council shall arrive at an independent decision for each accused.

    11. The accused, whether found in violation of the Honor Code or not, may request that a summary of the case, with names omitted, be publicly posted.

    12. If found in violation of the Honor Code, the accused may appeal the finding according to Article 14.

    13. If the Honor Council cannot obtain quorum within the 10 days of notification by the President of the Honor Council, then the accused may delay the hearing until an appropriate date on which quorum can be reached. If the accused student pleads in-violation and requests to have the hearing within 10 days, the student may waive his or her right to pre-hearing committee evaluation, 72-hour notice, and quorum. The Class I sanctions hearing would occur with an advisor, presenter, and minimum of three members on the Council. If an accused student pleads not in-violation, then the case must go through a factual Class I hearing with quorum.

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