Honor Council Constitution

Honor Council Constitution

THE HONOR COUNCIL CONSTITUTION

Article 1 - Membership

1. The Honor Council (hereafter referred to as Council) shall be composed of no less than 15 and no more than 20 students, three or four each from the College’s sophomore, junior, and senior classes, and the remaining students chosen as at-large members without regard to class rank.
2. The Council shall be elected by the Student Government Association, with recommendation by graduating senior Honor Council members, during the spring term following a report of the Council’s activities. No member of the legislative body shall be eligible to serve on the Council concurrently. However, current members of the Student Government Association are eligible to apply for election to the Council in the subsequent year. If a member of the legislative body has applied for election, they may not participate in the election process for the Council.
3. The Student Government Association shall fill vacancies in the Council when requested by the President of the Council.
4. A member of the Council shall be removed from the Council upon a finding that they violated the Honor Code. A member may also be removed for violating other student conduct policies of the College. Removal for other conduct violations may only occur through a two-thirds decision of the available Council members in favor of removal due to the member’s actions.

Article 2 - Officers

1. Each year during the spring term, a President, Vice President, and Secretary shall be elected by the incumbent Council from among its membership during the current academic semester. Officer elections shall occur following the Council’s election by the Student Government Association, and newly selected members shall be present and given voice but not vote. The officers shall serve from the end of the spring term of their election until the end of the subsequent academic year.
2. The President shall call and preside over Council meetings and provide an annual report on the activities of the Council to the Student Government, faculty, and other campus entities when requested. The President shall decide all questions of procedure and interpretation arising under this Constitution, in consultation with the Honor Council Advisors. A decision of the President may be overruled by a two-thirds vote of those members of the Council present and voting. At the hearing, the President’s position shall be one of non- participation in deliberations and voting; however, the President will cast a tie-breaking vote. The President shall also serve on the Social Conduct Council when requested.
3. The Vice President shall act in the capacity of President in their absence and shall be responsible for publicizing the Honor Code. Unless acting as President at a hearing, the Vice President’s position shall be one of participation in deliberations and voting. The Vice President shall also serve as President of the Social Conduct Council in most cases, unless a conflict of interest exists or the Vice President is otherwise unavailable.
4. The Secretary shall ensure a recording is made for each hearing, as well as a written record of all hearings, including a brief summary of the facts of each case, and penalties imposed. The Secretary’s position shall be one of participation in deliberations and voting. The Secretary shall also serve on the Social Conduct Council when requested. The Secretary will serve in the place of the President and Vice President when both have conflicts of interest or are otherwise unavailable. 

Article 3 – Honor Council Advisors

Article 4 - The Honor Code

1. Violations
   The following are violations of the Honor Code:
   1. Lying in official matters. “Lying in official matters” means the statement of an untruth or the falsification of official material with intent to mislead administration, faculty, residence life staff, Campus Police officers, or Honor Council or Social Conduct Council members when acting in their official capacities. “Official material” means material having to do with course work, College administration, faculty, residence life staff, Campus Police, the Council, or the Social Conduct Council.
   2. “Cheating” means either:
      1. Giving aid to or receiving aid from any student or other source (e.g., books, notes, online sources, technology, etc.) without the consent of the faculty member. It is also considered cheating to attempt to receive unauthorized assistance from another student or attempt to use an unauthorized device or resource (e.g., cell phones, laptops, smart watches, online materials, etc.) without the consent of a faculty member. Failure to sign the Honor Pledge is not a defense to the charge of cheating, or
      2. Plagiarizing, that is, the use of someone else’s work, including but not limited to words, ideas, performing and/or visual art, music, or data derived through experimentation or investigation without giving that person credit. Ignorance of the definition of plagiarism is not a defense to a charge of plagiarism. It is the student’s responsibility to consult the faculty member or, a Council member, or writing handbooks designated by the course instructor for the procedure for properly acknowledging
   3. “Stealing” means the act of intentionally taking or appropriating without the right or permission of any individual, organizational, or institutional property. The term includes, but is not limited to, stealing off campus, stealing from any person or business representatives on this campus, stealing from a computer company or any other computer-related theft, , vending machines, a residence hall visitor, or any other business while it is on this campus, and removal of any material or equipment from the Birmingham-Southern College Library, residence halls, or other facilities without permission.
   4. Failure to report a violation of the Honor Code.
   5. Unless as an accused, failure to appear as a witness before the Council as requested by written notice.
   6. Failure to maintain confidentiality as required in Article 11 of this Constitution and Article 7 of the Social Council Constitution.
2. Class I and II Violations
   1. The suggestion of Class I and II violations presupposes that there is a difference between instances where violations of the Honor Code have occurred or are alleged to have occurred. It is believed that a Class II violation classification will provide a mechanism to encourage greater faculty participation and to allow “teaching moments” within the Honor Council process. The purpose of creating a distinction between Class I and Class II violations is to make it possible to divide the jurisdiction between Class I violations (which require consideration by the entire Honor Council) and Class II violations (which may be reviewed by the Honor Council subcommittee identified in Article 10).
   2. Ultimately, the delineation between Class I violations and Class II violations will be determined by the extent of the violation and the intent of the student offender. While not exhaustive, below are several examples of violations which may constitute Class II violations:
      1. Lying to a professor about not attending class.
      2. Violations on assignments that constitute a small percentage of the course grade.
      3. Lying about attendance at Cultural Events.
      4. Instances of partial academic research citations which constitute plagiarism.

Article 5 - The Honor Oath

All students upon matriculation at Birmingham-Southern shall take the following oath: “As a member of the student body of Birmingham-Southern College, I realize my responsibility to the traditions of the institution, to my fellow students and to myself. I recognize the significance of the Honor System, and I pledge that I will not lie, cheat, or steal as a member of the Birmingham-Southern College community.” 

Article 6 - The Honor Pledge

On all work for which students are neither to give nor receive aid, faculty shall require students to sign the following Honor Pledge or its equivalent: “I have neither given nor received aid on this work, nor have I witnessed any such violation of the Honor Code.”

Article 7 - Reporting a Class I or Class II Violation, Investigation, and Prehearing

A.     Reporting a Violation

Any student, faculty, or staff member having knowledge of a possible Honor Code violation must report it to the President of the Council, Honor Council Advisors, or, in the case of class work, to the faculty member concerned. The accuser may also first approach the accused student if they so desire, or they can simply report the violation. If, however, after approaching the accused student, suspicion remains in the mind of the accuser, it is the accuser’s duty to make certain that the suspected violation of the Honor Code is reported to the Council. Failure to report a violation of the Honor Code is a violation in and of itself.

1. Investigation

Upon notification of a suspected violation of the Honor Code, whether Class I or Class II, Honor Council Advisors shall thoroughly investigate the reported violation. The Advisors may interview all necessary persons including, but not limited to, the accusing individual, the accused student, and any material witnesses. During the course of the investigation, accused students will be offered the opportunity to have a student Advisor support them, as outlined in Article 12. The Honor Council Advisor will appoint a member of the Honor Council to serve as a student Advisor, in consultation with the accused student regarding current members of the Honor Council who may serve as their Advisor or Honor Council Advisors who may be available.

1. Determination of Potential Hearing Process

In the course of the investigation, Honor Council Advisors will determine whether the matter represents a Class I or Class II alleged violation, which will then be handled according to the guidance in the respective subsequent Articles in this Constitution. Where questions in the classification of the alleged violation arise, the Honor Council Advisor investigating the matter will consult with other Advisors and the Officers of the Honor Council to make a determination.

1. Determination of Pleading

After the conclusion of the investigation, accused students will have the opportunity to consider and indicate how they will plead regarding the alleged violation. If accused students deny that any violation has occurred, the matter will be referred to the Pre-Hearing Committee, as outlined below in Section E, to determine if a factual hearing will occur. If accused students acknowledge that they violated the Honor Code, the process will move directly to a sanctions hearing without review by the Pre-Hearing Committee.

1. Prehearing in Alleged Class I Violation Cases

The Honor Council Advisor who investigated the matter shall present all information concerning the possible violation with names omitted to the Pre-Hearing Committee, composed of one faculty Honor Council Advisor and two students from the Honor Council., each of whom who will not be eligible to serve on the panel if the matter proceeds to a hearing, though they may serve as a student Advisor. After all the facts have been considered, the Pre-Hearing Committee shall decide by a vote whether or not a hearing, further investigation, or both are warranted. There must be at least two committee members in favor of a hearing in order to warrant a hearing or other action. Should the Pre-Hearing Committee decide that the evidence is sufficient to warrant a hearing, the Honor Council Advisor shall notify the accused student, appoint a Council member to serve as a student Advisor for the accused if one has not yet been appointed as outlined in Article 12, and set a time of hearing.

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 student 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 student and an Honor Council Advisor. The hearing should take place within 10 class days from notification of the accused, unless an Honor Council Advisor grants a reasonable extension of time for extenuating circumstances or the timing of the violation and notice preclude a hearing where quorum (defined in Article 9) can be achieved within 10 class days.
   2. The accused student shall be given in writing an account of the charges against them, including the nature and circumstances of the alleged violation.
   3. The accused student has the right to be present throughout the hearing, but does not have to appear. In such cases where the accused student is not present, the hearing will be held and evidence in support of the charges will be presented and considered as if the accused student were present. If the accused student is present, they are not required to answer questions from the Council. The accused student does not have the right to be present during deliberations of the Council, however.
   4. The accused student shall have the right to an advisor, as outlined in Article 12. The Honor Council Advisor shall appoint an advisor, in consultation with the accused student, from the members of the Council (excluding the President), or a faculty or staff Honor Council Advisor if necessary. The Honor Council Advisor will ensure no conflicts of interest or prior relationships interfere with the ability of the advisor to support the accused student. The accused student may also select a willing student, faculty member or staff member of Birmingham-Southern College to serve as their advisor instead. (Consult Article 12 for further information regarding advisors to students.)
   5. The accused student may call relevant witnesses to testify on their behalf. They shall request in writing to the Honor Council Advisor that a request be issued to any relevant material witness who has not willingly agreed to be present. Any witness requested to appear who fails to appear before the Council may be charged with a violation of the Honor Code. Reasonable notice must be given to any witness requested to appear.
   6. The accused student may address and question witnesses during their appearance before the Council, or rely on their advisor to question witnesses. The accused shall hear the testimony of all witnesses called and may ask questions of them which are relevant to the case.
   7. The accused student may call one or two character witnesses to testify on their behalf.
   8. The accused student may consult in confidence only with those within the prescribed bounds of privacy as described in Article 11.
   9. The accused student may be found in violation only of that offense for which they have 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 student, 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 student 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 Honor Council Advisors 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 their right to 72-hour notice and quorum. The Class I sanctions hearing would occur with an advisor, and minimum of three members on the Council. If an accused student pleads not in-violation, then the case must go through a Class I factual hearing with

Article 9 - Full Hearing for Class I Violations

1. The procedure for a full Honor Council hearing in cases involving Class I violations shall be as follows:
   1. The President presides. In the absence of the President, the Vice President presides. In the absence of the President and Vice President, the Secretary presides. If all three officers are unable to be present, one of the members with the most time having served on the Honor Council presides.
   2. Seven members of the Council, the advisor for the accused student (should such advisor be a member of the Council), and the President of the Council or other person serving in that role shall constitute quorum for a hearing.
   3. A factual hearing will commence when an accused student pleads not in violation to the charges against them. If the factual hearing leads to a decision by the Council finding the accused student in violation of the charges, the Honor Council will proceed to determine sanctions as part of their deliberations. The accused student may address the Honor Council prior to their deliberations on sanctions.
   4. The accused student(s) in a factual hearing shall be considered innocent throughout the hearing until there is a finding that they have committed a violation of the Honor Code. Such a finding shall be based on clear and convincing evidence and by a majority of the Council present and voting. Otherwise, the case shall be dismissed.
   5. A sanctions hearing will commence when an accused student pleads in violation to the charges against them. Sanctions will be decided by a majority of the Council present and voting.
   6. The hearing shall be recorded, with the recording maintained in the disciplinary record of the student held in Student Development.
   7. The victim(s) of the alleged Class I violation as determined by the Council, if any, may be present at the hearing, call witnesses, and be informed of the outcome.
   8. No witness, other than accused student if they choose to be present, shall be allowed to hear the testimony of other witnesses.
   9. Before testifying, every witness shall be reminded that their testimony is subject to the Honor Code.
   10. The Council shall call witnesses, consider the information presented, and question accused student should they choose to testify until it has exhausted every reasonable method of ascertaining the facts. The accused student may choose not to testify.
   11. If the Council feels that an adequate decision cannot be reached without additional information or consultation with Honor Council Advisors, then a motion can be made to table deliberations.
   12. The Council shall not consider an accused student’s past convictions for violations of the Honor Code and/ or Social Regulations or Policies in determining a factual decision, but may consider information concerning the offender’s past violations, if any, in determining sanctions for a violation.
   13. The Council must act with complete impartiality. After consultation between the President and Honor Council Advisors, a Council member may be excused from a case where personal involvement may constitute a conflict of interest.
   14. Since the Council is not a legal body and procedures are not conducted in an adversarial manner, unless the alleged Class I violation of the Honor Code also constitutes a felony, an attorney may neither be consulted during the hearing, nor be present at a hearing, review, or reconsideration. If the alleged Class I violation of the Honor Code does constitute a felony, then the accused may be advised but not represented by their attorney during the hearing.

Article 10 - Honor Council Subcommittee Hearing for Class II Violations

10. Honor Council violations meeting the following criteria — and thus designated “Class II” violations — will be handled by an Honor Council subcommittee hearing as provided in Article 10.C below. For a Class II violation to be eligible for Honor Council subcommittee treatment, each of the following criteria must be satisfied:
    1. The faculty member, staff member, or student reporting the incident must consider the violation to be a “Class II” violation as defined in Article 4.B.
    2. Honor Council subcommittee members who review the materials must consider the violation to be a Class II violation.
    3. The accused student must admit to having violated the Honor Code.
    4. The student violator and the party filing the charge must agree, in substantial detail, on the facts surrounding the violation, as well as on any proposed sanctions.
    5. The student violator must not have had any past Honor Code violations (Class I or Class II).
11. The Honor Council subcommittee shall consist of three voting members as follows: Honor Council President, plus two at-large members of the Honor Council. Two Honor Council Advisors shall serve in advisory roles to the Honor Council subcommittee.
12. The procedure for Honor Council subcommittee hearings shall be as follows:
    1. The President of the Honor Council presides. If the President is unable to serve due to a conflict of interest or is otherwise unavailable for an extended period of time, the Vice President presides. If the same circumstances exist for the Vice President, the Secretary presides. If the same circumstances exist for the Secretary, one of the members with the most time having served on the Honor Council presides.
    2. Documentation submitted by the reporting person and the student violator will be reviewed to ensure that the criteria for the decision to be made by the Honor Council subcommittee satisfies the criteria set forth in Article 10.A.
    3. If the criteria required by Article 10.A have not been met, the case may not be heard by the Honor Council subcommittee and must be referred to the entire Honor Council for a full hearing. The decision to refer a case for a full hearing must be unanimous by the voting members of the subcommittee.
    4. If the criteria are satisfied for the violation to be heard by the Honor Council subcommittee, such Honor Council subcommittee may approve any or all proposed sanctions.
    5. If the criteria are satisfied for the violation to be considered by the Honor Council subcommittee, but revisions or additions to the proposed sanctions are recommended, the reporting person and the student violator will be contacted to approve any and all proposed revisions. If such proposed revisions are not approved by both the party filing the charges and the student violator, the matter will be referred to the entire Honor Council for a full hearing.
    6. If a full hearing is recommended by the Honor Council subcommittee, the President of the Honor Council will assign the student violator an advisor from among the subcommittee members who reviewed the student’s case. The student violator is not obligated to accept the advisor from among the Honor Council subcommittee members who reviewed the student violator’s case. Rather, the student violator has the right to select any willing student, faculty member or staff member of Birmingham-Southern College to serve as their advisor.

Article 11 - Confidentiality

An investigation, hearing, review, and reconsideration of any alleged violation, whether Class I or Class II shall remain confidential and those within the bounds of confidentiality shall not divulge anything that is said or done with regard to these proceedings to anyone outside the bounds of confidentiality. Those within the bounds of confidentiality include accused students, Council members, Honor Council Advisors, the Provost of the College, the President of the College, reporting individuals, witnesses, persons interviewed during the investigation, victims, and the attorney for the College. Should anyone outside the bounds of confidentiality receive information which is considered to be confidential, they will automatically be bound by confidentiality. In addition, the accused student may include within the bounds of confidentiality their parents, faculty, staff, minister/spiritual advisor, campus counselors, personal or legal counsel, and up to two peers they identify to Honor Council advisors as individuals through whom they wish to seek support. Should the accused student or anyone designated by them who is considered within the bounds of confidentiality violate the requirement of confidentiality, the Council may vote by majority to publicly post a summary of the case or otherwise ensure accurate information is shared with individuals who have become aware of the alleged violation.

Article 12 - Advisor to the Accused

1. The Honor Council Advisor shall appoint an advisor, in consultation with the accused student, from the members of the Council (excluding the President), or a faculty or staff Honor Council Advisor. The Honor Council Advisor will ensure no conflicts of interest or prior relationships interfere with the ability of the Advisor to support the accused student. The accused student may also select a willing student, faculty member or staff member of Birmingham-Southern College to serve as their advisor instead.
2. The Advisor for the accused student, in any case involving a Class I violation, shall serve as the accused student’s guide until the conclusion of all proceedings. The Advisor shall meet with the accused student following their selection in order to help prepare the accused student for the hearing and any aspects related to it, including providing a written personal statement regarding the incident. The Advisor may will also help the accused student understand their rights granted under this Constitution, explain the nature of the accusation, the procedure of the hearing, and the possible outcomes of the hearing. The Advisor shall attempt to help the accused student identify the relevant issues which should be discussed and form the basis of questions for the hearing, as well as identify appropriate material witnesses. The Advisor may interview witnesses for the hearing in order to clarify the accused student’s position and statement.
3. The Advisor shall assist the accused student for the duration of the proceedings, and shall endeavor during the hearing to question witnesses and partake in relevant discussion for the benefit of the accused student. It is important to understand that the Advisor is not an advocate or defense attorney for the accused student and has no formal legal training. The duty of the Advisor shall be to advise the accused student during all phases of the hearing and to see that all relevant information is presented.
4. The Advisor will assist in coordinating the arrival and departure of the accused to and from the hearing, as well as any material and character witnesses.
5. The Advisor shall be advised of the outcome of the hearing.

Article 13 - Sanctions

1. When determining a penalty in the case of a determined 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 sanctions may be based solely upon the failure of the accused student to answer the charges or not appear at the hearing.
3. Sanctions for violators shall be determined as follows:
   1. The Council shall use the following criteria in determining sanctions:
      1. assuring the effectiveness of the honor system,
      2. the violator’s level of intentionality in their actions,
      3. the severity of the offense,
      4. the violator’s ability to continue under the honor system,
      5. prior findings of the violations of the Honor Code, and/or
      6. extenuating circumstances.
   2. If the Council deems the violator incapable of living in the Birmingham-Southern community or representing too significant a risk to allow them the opportunity to continue to hold membership in the community in the future, the Council may impose the penalty of expulsion or permanent dismissal. This sanction is only available to the Honor Council during Class I hearings.
   3. If the Council deems the violator capable of living in the Birmingham-Southern community and abiding by the Honor Code at some later point in time, then the sanction may be suspension. The sanction of suspension may be given for one, two, or three terms (inclusive of summer and Exploration terms). This sanction is only available to the Honor Council during Class I hearings.
   4. If the Council deems the violator capable of remaining a member of the Birmingham-Southern community without removal, the Council may place the violator on 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 or holding any student office. This sanction is available to the Honor Council during Class I and II hearings.
   5. The Council may impose such other penalties as it deems appropriate including, but not limited to, making restitution for misappropriation of property, completion of educational programming related to the violation, receiving counseling, developing plans for avoiding circumstances which impacted the violation, performing appropriate public service, or other relevant sanctions. Sanctions imposed for the period of suspension or probation must be adhered to and/or completed by deadlines set by the Honor Council. These sanctions are available to the Honor Council during Class I and II hearings. The completion of these penalties will be reviewed by an Honor Council Advisor 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 denial of readmission following a suspension, continuation of probation, and/or additional sanctions/penalties.
   6. 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 they 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 the student’s disciplinary record permanently.
   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 disciplinary record.
   3. Probation means that the individual must maintain a clear record for the duration of the penalty set forth by the Council. During that time, the Council may impose other penalties during the probation period as stated in the Article 13.C.3.
   4. As outlined in the College’s disciplinary record expungement policy, upon a written request to officials in Student Development responsible for maintaining disciplinary record, a student’s record may be expunged of all violations and sanctions, other than for violations that lead to the sanction of expulsion. When a student is dismissed from the College, the notation will remain permanently in the disciplinary record.

Article 14 - Appeals in Class I Violation Cases

1. A written appeal from a finding of a violation or sanction by the Council in a Class I case may be made by the violator within five class days of the decision or before the last day of the term, inclusive of the final exam period
2. Appeals are made to the Provost and Honor Council Advisors, who will set a review committee of no less than three individuals who will consider the appeal and relevant materials.
3. The appeal review will occur within a reasonable within a two-week period, unless an explanation is provided in writing to the appellant regarding the need for an extension beyond that time or if a break in the academic calendar occurs within that time.
4. An appeal shall be limited to a review of the full report of the Council, including the hearing transcript when requested, for the purpose of determining whether it acted in accordance with procedural and substantive fairness. An appeal on the basis of substantive 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 Honor Code.
5. An appeal may not result in a more severe penalty for the accused, but may result in a reduction or removal of penalties without rehearing by the Council.
6. 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 committee.

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 membership, adopt whatever procedures it deems necessary 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, and the proposed amendment shall become effective.

Article 18 - Ratification

This Constitution shall become effective immediately 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.