ACADEMIC HONOR COUNCIL BYLAWS

I. MISSION STATEMENT

The Trinity University Academic Honor Council fosters and maintains a high standard of academic integrity, promotes and ensures honor, and safeguards trust among all members of the Trinity University community.  Composed of a diverse group of students selected by their peers to act on behalf of students and faculty, the Council educates the community on academic integrity, and enforces the Honor Code.  The Council establishes consistent standards in the adjudication of academic integrity violations in order to promote the values of honesty, scholarship, and the pursuit of excellence that are central to the mission of Trinity University.

II. COMPLAINTS

A. REGARDING THE INITIATION OF COMPLAINTS—

Receipt of Complaints by the External Chair.  It is recommended that complaints of Honor Code violations be filed prior to the end of the tenth class day following the date of the alleged violation.  Complaints are to be made in writing and should be directed to the external chair either via the allegation form found on the Honor Council website or in a letter sent to the Honor Council’s physical mailbox. 

Notification of Receipt of Complaint.  The complainant should be notified of receipt of the complaint by the Honor Council’s external chair within one class day following its submission.  By this time the external chair should have notified the internal chair, the Associate Vice President of Academic Affairs charged with oversight of the Honor Council (henceforth “the AVPAA”), and any faculty advisers.

B. REGARDING THE ACCEPTANCE & REJECTION OF COMPLAINTS—

Accepted & Rejected Complaints.  Complaints will either be automatically accepted by the external chair or held for conferral.  If for some reason the external chair thinks that the grounds for the complaint are questionable, the external chair will make arrangements to confer with the internal chair, a faculty adviser, and the AVPAA.  Complaints may be rejected with the consent of the AVPAA after conferral.

Conferral.  If a complaint is held for conferral, it is the obligation of the external chair to ensure that all conferees have input into the final decision and that the decision to accept is made by the end of the second class day following the date of the complaint’s receipt.  The final decision reached by the end of this second class day must have the consent of the AVPAA.

Procedure Following Acceptance of Complaints.  Following acceptance of a complaint, the alleged violation is to be considered a “case.”  No matter whether the complaint is automatically accepted or accepted after conferral, it will be the responsibility of the external chair to notify the internal chair of a complaint’s acceptance.  It is the obligation of the internal chair to open a case regarding the complaint no earlier and no later than the third class day following the date of the complaint’s receipt. 

Change of Registration by the Accused Student.  Following a case’s opening, the accused student may not change his or her registration in a course in which the alleged academic integrity violation is pending or a responsible finding has been rendered.

Procedure Following Rejection of Complaints.  Should the complaint be rejected after conferral, it is the obligation of the AVPAA to notify the complainant of the decision.  Complaints will be kept on record by the Honor Council, but will no longer be regarded as the business of the Honor Council following rejection.

C. REGARDING THE OPENING AND ASSIGNMENT OF CASES—

Opening a Case.  Upon opening a case, the internal chair will do all of the following: assign a case number, assign hearing members and advocate-presenters, assign a hearing date, and instruct the presiding member appointed to provide notification of case opening and assignment.

Assignment of Case Numbers.  Case numbers are assigned to track all filings pertinent to a case.  All information regarding the case is to be properly filed by the internal chair according to its number.

Assignment of Members to Cases.  The internal chair shall assign a presiding member to the case from the Honor Council, as well as two members to hear the case and two members to serve as advocate-presenters, one on behalf of the accused student and one on behalf of the University.  Whether the complainant was a faculty member, a staff member, or a fellow student, the advocate-presenter functions on behalf of the University. 

Recusal.  Before assigning an Honor Council member to a case, the internal chair shall check with the member to verify that a conflict of interest does not exist.  If a conflict does exist, the member will decline to participate in the case and send a brief written explanation of the conflict to the internal chair to be kept on file. 

Limitations on Recusal.  Without such a conflict, members shall only be allowed to decline participation in a case twice an academic year.  The internal chair will be given a schedule of foreseeable conflicts by each council member at the beginning of each semester so that assignment may be made easier.

Assignment of Hearing Dates.  The internal chair will assign the case a date for hearing in accordance with the procedure describing the scheduling of hearings.

Transfer of File to Presiding Member.  Once a case has been opened by the internal chair, its contents will be in the possession, and will be the responsibility, of the presiding member the internal chair assigns.

D. REGARDING THE ROLE OF HEARING PANEL MEMBERS—

Notification of Case Opening and Assignment.  By the end of the same class day as the case’s opening, the presiding member will notify the accused student, the complainant, the other hearing panel members, the advocate-presenters, the internal chair, the external chair, the AVPAA, and the faculty advisers of the case’s acceptance, the hearing date, and all assignments made.  Notification should consist of a letter to the accused student informing him or her for the first time of the violation.  Notification should also include, apart from the letter, a written statement of rights.  For all other parties a copy of the letter sent to the student will suffice as proper notification.

Role of Presiding Member Beyond Notification.  The presiding member is charged with the primary responsibility of managing the case.  He or she is also responsible for writing the opinion of the hearing panel following the hearing unless he or she is a dissenting member.  All procedure involving the hearing is led by the presiding member as well.

Role of Other Panel Members.  These members are to participate fully in the hearing and deliberation that follows.  Non-presiding members may be charged with the writing of opinions should the presiding member be in the minority of a decision and reserve the right to author a dissenting opinion.

E. REGARDING THE ROLE OF ADVOCATE-PRESENTERS—

The Role of Advocate-Presenters on Behalf of the Accused and the University.  Advocate-presenters serve no investigative function.  They serve to inform the parties of Honor Council procedure, assist them with the presentation of evidence, and present that evidence in a coherent report to be made before the hearing panel.  First-year council members are not eligible to serve as advocate-presenters. 

Contacting the Accused and the Original Complainant.  By the end of the class day following the case’s opening, advocate-presenters are to contact their assigned parties.  Upon conferring with their assigned party as soon as it is possible to do so, advocate-presenters are to answer any questions that their assigned parties may have as to Honor Council procedure while also gaining a familiarity with the circumstances of the case.  If either the accused student or the University wishes the hearing panel to call witnesses, advocate-presenters are also responsible for composing a witness list.  The witnesses are to make themselves available throughout the duration of all Honor Council proceedings.

III. HEARINGS

A. REGARDING THE SCHEDULING OF HEARINGS—

Hearing Times.  Hearings will occur between the hours of 4:00pm and 6:00pm on Tuesday afternoons.  Multiple hearings may be conducted in one night.  The internal chair reserves the right to expand these times as necessary.

Scheduling of Hearings.  Hearings should, in most cases, be scheduled on the Tuesday following the class day the student was notified of the case.  The accused student must have at least four class days to prepare for the hearing. 

B. REGARDING THE CALLING OF WITNESSES—

Witness Lists. The advocate-presenter is to create a list of all potential witnesses after contacting the parties they represent.  This witness list shall include a written statement of justification for each potential witness, and must be submitted to the presiding member at least two class days prior to the hearing.

Acceptance of Witnesses.  The presiding member will approve both lists of witnesses based on a criterion of a witness’ knowledge contributing to the facts of the case.  Witnesses testifying to the character of the accused do not satisfy the requirements of this criterion and will therefore not be accepted. 

Notification of Witnesses.  The presiding member shall notify all witnesses of their requested appearance before the hearing panel by the end of the second class day prior to the hearing. 

C. REGARDING THE CONDUCTING OF HEARINGS—

Substitution of Hearing Members by the Internal Chair.  If for some urgent reason a member of the hearing panel cannot be present at the time of the hearing, the internal chair may hear the case in the stead of that hearing panel member.

Order of a Hearing.  A hearing shall progress first with the presiding member stating the case name, number, and complaint.  The accused student will then be asked by the presiding member to submit a plea of “responsible” or “not responsible” for the conduct reported in the complaint.  Following an answer to this question, the advocate-presenter for the University will present evidence, followed by a presentation of evidence by the advocate-presenter for the accused student.  Any witnesses will then be called first by the advocate-presenter for the University, and then by the advocate-presenter for the accused. Following the questioning of any witnesses, the originating complainant will be afforded the opportunity to make a final statement.  The accused student will then be given the opportunity to do the same.  Upon conclusion of final statements, both the accused and the complainant will be asked to recess while the hearing panel deliberates.  They will be asked to be prepared to reconvene following deliberation.

Recording of Hearings.  All hearing should be tape recorded for the sake of record keeping and so that proceedings may be available for review should an appeal warrant it.

Claims  of “Responsible” and “Not Responsible”.  Accused students will be asked by the presiding member, “Does the accused student in this case admit or deny responsibility for the conduct reported in the complaint?”  The accused may give an answer of “responsible,” “not responsible,” or qualify which parts of the complaint he or she does admit responsibility for.

Presentation of Evidence by Advocate-Presenters.  This presentation will come in the form of a speech to be given by each advocate-presenter and will present all evidence that the hearing panel should consider and give insight into the role of any witnesses that might be called.  These presentations will give the University and the accused student equal opportunity to present both sides of the case.

Witness Questioning.  Witnesses will be called by the panel in an order predetermined by the advocate-presenter, with the advocate-presenter for the University having the opportunity to have witnesses questioned by the panel first and the advocate-presenter for the accused student having that opportunity second.  The order of witnesses should be known by the presiding member of the hearing panel by the end of the last class day before the case is to be heard.  Witnesses will be asked to respond to questions by the hearing panel, and will not be questioned by either advocate-presenter.  The presiding member of the hearing panel reserves the right to change the order of witnesses or recall witnesses at any time during the proceeding.

Points of Order.  If at any point the faculty adviser finds procedure to be improperly followed or particular questions asked by the hearing panel to be improper, he or she may instantly call a point of order and, upon being granted the authority to approach the panel members by the presiding member, consult with hearing panel members.  This includes calling a point of order in response to any perception the faculty adviser might have of advocate-presenters acting out of line with their prescribed roles and turning the proceeding into an adversarial sort of proceeding.

IV. OPINIONS

A. REGARDING THE DERIVATION OF OPINIONS BY THE HEARING PANEL—

Deliberation Regarding Responsibility.  The hearing panel under the supervision of the faculty adviser will deliberate on whether the accused student is responsible for the violations specified in the complaint.  Deliberations are closed. 

Determining Responsibility.  The standard used to determine responsibility is one of preponderance of the evidence.  A simple majority is required in any determination of responsibility. 

Deliberation Regarding Sanction.  If a finding of responsibility has been reached, deliberation will follow as to the proper sanction to be assigned.  Past academic integrity violations are relevant to these deliberations, the knowledge of which will be the responsibility of the faculty adviser to obtain.

Knowledge of Past Academic Integrity Violations.  The AVPAA will inform the faculty adviser sitting in the deliberation of any past academic integrity violations committed by the accused student.  The faculty adviser will not disclose this information to any hearing panel member unless a determination of responsibility has been made. 

B. REGARDING THE ISSUANCE OF OPINIONS—

Announcing Decisions and Sanctions.  After deliberation, the decision of responsibility and the sanction, if applicable, will be announced by the presiding member.  Whether the decision was split is not to be disclosed at this time.

Written Opinions.  By the end of the fifth class day following the hearing, the presiding member shall file a formal written opinion with the internal chair regardless of whether he or she authored the opinion.  Any dissenting opinion is to be appended to the majority opinion.  The presiding member will also deliver the written majority opinion and any dissenting opinion to the accused student, the originating complainant, the external chair, the AVPAA, and the faculty advisers.  If the originating complainant is not the faculty member in whose course the violation occurred, that faculty member will be delivered the opinion.

Composition of Opinions.  Whether the decision was split will be disclosed in the opinion.  No other particulars of the deliberation are to be disclosed.  The majority opinion will contain the finding and an outline of the reasoning the hearing panel followed in making its decision.  Any dissenting opinion will be included as well.

Authorship of Opinions.  Authorship of majority and dissenting opinions is not to be disclosed.  The identification of dissenters will be reported by the presiding member only to the internal chair and only in the case that a letter of appeal is filed and an appeals board must be assembled.

Possibility of Appeal.  Parties will be notified of the possibility to appeal based on criteria outlined in the Honor Code, and of the appeal process.  Notification will be the responsibility of the presiding member.  Following the hearing, questions regarding appeal should be directed to the external chair.

Contacting Professors After Hearing.  Professors or other complainants will not be contacted by accused students about the case.  If accused students contact the professor once a decision has been rendered by the hearing panel, further disciplinary action may result.

V. APPEALS

A. REGARDING THE FILING OF AN APPEAL—

Bases for Appeal.  Only decisions of responsibility can be appealed by students and must be premised on the claim that procedure was improperly followed at the hearing or on the claim that new evidence relevant to the case can now be presented.  Faculty members may appeal decisions of responsibility on the same bases.  Faculty members may also appeal decisions of sanction should they consider the sanction inappropriate. 

Filing Requirements.  Petitions must be filed by the end of the fifth class day following the date of the written opinion or the end of the fifth class day following a discovery of new information.  Petitions are to be written and directed to the external chair.  Petitions should include the basis for appeal, an argument asserting the need to grant rehearing or amend sanction, substantiation of any assertions, and the names of any pertinent witnesses.

Two Types of Petitions.  Two types of petitions may be filed.  To appeal a decision of responsibility, a petition for rehearing should be filed.  To appeal a sanction, a petition to amend sanction should be filed.

Petition for Rehearing.  A petition for rehearing is granted by an appeals board of nine council members should the appeals board decide that procedure was improperly followed in the original hearing or that new evidence relevant to the case can now be presented.  If a petition for rehearing is granted, the case will be reheard before a new hearing panel.

Petition to Amend Sanction.  A petition to amend sanction is granted by an appeals board of nine council members should the appeals board decide that the sanction from the original hearing is inappropriate.

Appeals Regarding Suspension or Expulsion.  Appeals regarding the suspension or expulsion of the accused student are to be automatically directed to the President of the University.  Only the President has the authority to make decisions regarding these cases.  The President’s decision-making power is independent of the Council.

B. REGARDING THE PROCESSING OF PETITIONS FOR REHEARING—

Role of the External Chair in the Appeals Process.  The external chair shall notify the internal chair of the receipt of any petition for rehearing by the end of the first class day following the day of its receipt.  The external chair will notify the accused student, the originating complainant, the faculty advisers, and the AVPAA of the petition’s receipt at such time as well.

Role of the Internal Chair in the Appeals Process.  By the end of the second class day following notification by the external chair, the internal chair will assemble nine members to serve on an appeals board for the case, appointing one of these members to preside over the appeals board.  The internal chair will notify these nine members of their appointment, and set a date for all nine members and a faculty adviser to meet.  The accused student and originating complainant should be notified of the date as well, though neither is obligated to appear. 

Composition of the Appeals Board.  Of these nine members, exactly one member must be from the hearing panel which deliberated the decision being appealed.  Further, this panel member must have been in the majority of the original hearing panel’s decision.  The purpose of this panel member’s presence is to allow the hearing panel to understand the majority’s reasoning.  This panel member is not to serve as the presiding member on the appeals board.  Advocate-presenters assigned to the case being appealed cannot serve on the appeals board.   

Meeting of the Appeals Board.  Once an appeals board is convened to consider a petition for rehearing, the presiding member reads the petition and the facts of the original case are presented.  The appeals board will then hear from the petitioner should they be present and willing to address the board.  The appeals board will then hear from the other party should they desire to respond to the petition.  Both petitioner and respondent will be heard separately.  The appeals board then considers the petition and renders a decision based on a majority vote of the nine members.  A faculty adviser must be present for deliberation to ensure due process.

Notification of Decision.  The presiding member of the appeals board will notify the accused student, the originating complainant, and the AVPAA of the appeals board’s decision by the end of the same day the appeals board meets.  Should rehearing be granted, the presiding member of the appeals board will schedule the rehearing at the same time as the petition is granted and notify all parties involved of the time and date of the rehearing at this time as well.

Scheduling Rehearing.  Rehearing will be held on the first or second Tuesday afternoon following the date of the decision to rehear.  Parties should be given at least five class days to prepare for the rehearing. 

C. REGARDING REHEARING—

Rehearing.  Should a majority of the appeals board decide that there exists a sound basis for rehearing, the case will be reheard by all nine members of the appeals board that granted rehearing (the presiding member will remain the same).  The same advocate-presenters who served on the original case will serve in the rehearing unless the basis for appeal involved one of the advocate-presenters.  In such a case, the internal chair will assign a new advocate-presenter.

Procedure Involving Rehearing.  Rehearings shall follow the same procedure as initial hearings, though with the full nine members of the appeals board involved in questioning and deliberation instead of three hearing panel members.  A faculty adviser will be present for these proceedings as well.

Opinions Resulting from Rehearing.  Deliberation, the announcement of the opinion, and the release of the written opinion will follow the same procedure as that pertaining to an original opinion.

D. REGARDING THE PROCESSING OF PETITIONS TO AMEND SANCTION—

Role of the External Chair in the Appeals Process.  The external chair shall notify the internal chair of the receipt of any petition to amend sanction by the end of the first class day following the day of its receipt.  The external chair will notify the accused student, the originating complainant, the faculty advisers, and the AVPAA of the petition’s receipt at such time as well.

Role of the Internal Chair in the Appeals Process.  By the end of the second class day following notification by the external chair, the internal chair will assemble nine members to serve on an appeals board for the case, appointing one of these members to preside over the appeals board.  The internal chair will notify these nine members of their appointment, and set a date for all nine members and a faculty adviser to meet.  The accused student and originating complainant should be notified of the date as well, though neither is obligated to appear. 

Composition of the Appeals Board.  Of these nine members, exactly one member must be from the hearing panel which deliberated the decision being appealed.  Further, this panel member must have been in the majority of the original hearing panel’s decision.  The purpose of this panel member’s presence is to allow the hearing panel to understand the majority’s reasoning.  This panel member is not to serve as the presiding member on the appeals board.  Advocate-presenters assigned to the case being appealed cannot serve on the appeals board.   

Meeting of the Appeals Board.  Once an appeals board is convened to consider a petition to amend sanction, the presiding member reads the petition and the facts of the original case are presented.  The appeals board will then hear from the petitioner should they be present and willing to address the board.  The appeals board will then hear from the other party should they desire to respond to the petition.  Both petitioner and respondent will be heard separately.  The appeals board then considers the petition and renders a decision based on a majority vote of the nine members.  An adviser must be present for deliberation to ensure due process.

Amending Sanction.  A decision as to amendment of the sanction is to be decided by a majority vote of the nine members of the appeals board following deliberation.  An adviser must be present for deliberation to ensure due process.

Notification of Decision.  The presiding member of the appeals board will notify the accused student, the originating complainant, and the AVPAA of the appeals board’s decision by the end of the same day the appeals board meets.

VI. REMOVAL OF COUNCIL MEMBERS

A. REGARDING THE DISCRETION TO REMOVE COUNCIL MEMBERS—

Removal of Council Members.  Recommendations for removal will come from the faculty adviser.  The AVPAA will consult with all appropriate parties and make all final decisions.

VII. ROLE OF EXTERNAL & INTERNAL CHAIR

Responsibilities of External Chair.  The external chair shall coordinate all educational functions of the Council, including the orientation of new students at the beginning of each academic year.  All new students and transfer students will be oriented to the Honor Code, and will pass an examination testifying to their familiarity with it.  The external chair is also charged with coordinating relations with the student body and faculty.  This includes the receiving and processing complaints from faculty members, researching and answering any questions students or faculty might have pertaining the Code or the Council, addressing any concerns students or faculty might have pertaining the Code or the Council, and coordinating the selection of new council members with ASR.

Responsibilities of the Internal Chair.  The internal chair shall coordinate all internal functions of the Council, including judicial processes, meetings of the Council, and concerns involving the performance of individual council members.  It is the responsibility of the internal chair to ensure that the Honor Code and the bylaws of the Council are being followed, and that the Council is working effectively together.  The internal chair is also charged with the creation and maintenance of all records pertaining to the Council’s judicial proceedings, including the opening of files, the coordination of all paperwork and filing involved in an open case, and the preservation of closed files. 

VIII. FUNCTIONS OF MEMBERS

Responsibilities of All Council Members.  All council members are expected to attend every meeting unless they receive the internal chair’s approval to be absent, as well as fulfill the obligations of any post to which they are assigned.  They are expected to adjudicate fairly without bias and to at all times abide by the letter and spirit of the Honor Code and the Council’s bylaws.  This obligation applies to all judicial and non-judicial functions, including programs, speaking events, or discussion that might take place at any time between a council member and any other individual, be they on the Council or not.  At all times the council member is to behave in accordance with the Code and in a manner that does not undermine it in any way.  This obligation also includes maintaining confidentiality regarding all judicial matters before the Council and any sort of discussion that may take place among the council members involving both its judicial and non-judicial functions. 

IX. BUDGET

Adoption of a Budget.  In conjunction with Academic Affairs, the Honor Council shall adopt a budget consistent with its needs by the beginning of each fiscal year.

X. DEFINITIONS

Class Days.  Class days are defined as any day on which classes are held, any day on which exams are being administered, and any day which the university designates to be a reading day.