Policies and Procedures for Code Enforcement

4. Policies and Procedures for Code Enforcement
   1. Accusation
      1. There must be a justifiable reason for a member of the community to suspect there has been a violation of the Honor Code.
      2. The accuser, or person who suspects a violation, should make every effort to meet with the person he/she thinks committed the violation, or the accused during which the following steps should be taken:
         1. The accuser should inform the person of evidence that points to a violation and ask for an explanation.
         2. If the explanation provides a reasonable answer to the accuser, no further action needs to be taken by the accuser.
         3. If the explanation does not provide a reasonable clarification, the accuser should inform the person suspected that he/she is being formally accused of a violation of the Honor Code.
      3. The accuser should inform the accused that he/she has twenty-four hours to choose one of the following two options. 
         1. The accused may resign from the College, but all transcripts will be marked that he/she left under suspicion of an Honor violation.
         2. The accused may turn himself/herself in to the Honor Council for an investigation.
      4. If one of these options are not taken within twenty-four hours, the Dean of Students will be requested to assist in the procedure.
      5. After the accuser and the accused have met to discuss the charges, the accuser should put the charge in writing and turn it in to the Council at the Honor Council Office.  The Council may not begin an investigation until the written accusation is received.
      6. If the accuser was unsuccessful in personally confronting the accused, the accuser must notify the Chair and submit a written accusation.
   2. Preliminary Matters:
      1. A Procedural Advisor (PA) should be assigned to the case by the Chair.
      2. The Chair, the PA, and the accused should meet in order to provide the accused with a copy of the written accusation, the Honor Code, and list of Student Counsels.
      3. The PA should meet with the accused to discuss rights and duties and the investigation process as listed in the Student Handbook.  The PA or Chair should notify the Investigating Committee Chair (ICC) when this meeting has taken place so the investigation may begin.
      4. The PA should meet with the accuser to discuss rights and duties and the investigation process as listed in the Student Handbook.  The PA should notify the ICC when this meeting has taken place so an interview may be scheduled.
   3. Investigation
      1. The Investigating Committee (IC) should meet with the accused to obtain any relevant information.  All members of the IC should take notes, noting the date, time, place, and testimony.  The accused should review and sign the notes of his/her interview in order to ensure their accuracy.  The IC may also use a computer to take notes.  The accused must then place an electronic signature to ensure they are correct.
      2. The IC should meet with the accuser to obtain any relevant information.  All members of the IC should take notes, noting the date, time, place, and testimony.  The accuser should review and sign the notes of his/her interview in order to ensure their accuracy.  The IC may also use a computer to take notes.  The accuser must then place an electronic signature to ensure they are correct
      3. The IC should meet with any relevant witnesses.  All members of the IC should take notes, noting the date, time, place, and testimony.  The witness should review the notes of his/her interview in order to ensure their accuracy.
      4. The IC should write an investigative report, listing interviews and briefly describing the nature of the testimony, listing all relevant documentary evidence and briefly describing what is shown in the evidence.
      5. The investigation should be completed within seven (7) working days, but the ICC may ask for an extension if, among other things, there are many witnesses, there is a holiday, etc.  The Chair must grant this extension.
   4. Sufficient Evidence Panel
      1. The Sufficient Evidence Panel should meet to decide whether or not there is sufficient evidence to merit a hearing.  “Sufficient evidence” is not a very high standard and is normally regarded as evidence that something out of the ordinary occurred or may have occurred.  Sufficient evidence is found by a 2/3 vote.
      2. The SEP should submit a written finding and the investigative report to the Chair.
      3. If sufficient evidence is not found, the case is closed.  The SEP should send letters to the accused, accuser, and witnesses, informing them of the finding and asking them to keep the investigation confidential.
      4. If sufficient evidence is found, the proceeding moves into the hearing phase.
   5. Pre-Hearing
      1. The ICC should prepare a charge sheet detailing all pertinent information, including the charge, the violation, and material witnesses expected to testify.  Additionally the ICC should copy all documentary evidence to be used at the hearing.
      2. The Chair, PA, and the accused (and Student Counsel, if applicable) should meet.
         1. They should provide the accused with the sufficient evidence finding, a copy of the investigative report, and copies of documentary evidence (notes from interviews are confidential and should not be shared).
         2. Hearing procedures and the rights and duties of the accused should also be discussed.
         3. The accused should sign the charge sheet and they should arrange a date, time, and place for the hearing.  The accused may also waive his/her right to 72 hours notice of the hearing time, in case rescheduling must take place.
      3. The PA should meet with the accuser and notify him/her of his/her rights and duties and the date, time, and place of the hearing.  If there is a conflict, the PA should notify the ICC, who should rearrange the hearing to the convenience of all involved.
      4. The Chair of should appoint six (6) unbiased members of the Council to serve on the hearing panel.   If members are unavailable to sit on the panel, the Chair should appoint non-members.
      5. The Chair is responsible for reserving the hearing room and notifying the accused of the hearing date, time, and location.
   6. Verdict Hearing
      1. The ICC should prepare the conference room for hearing by arranging chairs, distributing documentary evidence, and setting up the tape recorder.
      2. The ICC and PA should make sure all hearing panel members, witnesses, the accused, and accuser are present.
      3. The ICC and PA should introduce the chair of the hearing to the accused, accuser, and witnesses.
      4. The Chair should record an introduction to the tape recording which includes the date, time, and place of the hearing; the charge and the names of the accused, the Student Counsel, the PA, the ICC, the members sitting, the hearing secretary, and the Chair of the hearing.
      5. The witnesses should remain outside the hearing room unless :
         1. the accused requests them present.
         2. the witnesses request to be present (and then only if the accused permits it).
         3. it is logistically impossible for the witnesses to remain outside of the hearing room.
      6. Presentation of Evidence:
         1. The accused and Student Counsel should be brought into the hearing room for the introduction of the panel, reading of the charge, and the accused’s entry of a plea.
         2. The chair should remind the accused that they should testify “fully and truthfully,” meaning they should answer all direct questions and not withhold any information unless they invoke their Fifth Amendment rights under the United States Constitution.  The chair should secure acknowledgment and affirmation from the accused that they will comply.  To lie before the Council is a violation of the Honor Code and to fail to answer direct questions, except under danger of self-incrimination, could result in judicial charges of Failure to Comply.
         3. The accused may make an opening statement.
      7. Testimony of the Accuser
         1. Upon the accuser entering the room, the chair should remind the accuser that they should testify “fully and truthfully,” meaning they should answer all direct questions and not withhold any information unless they invoke their Fifth Amendment rights under the United States Constitution.  The chair should secure acknowledgment and affirmation from the accuser that they will comply.  To lie before the Council is a violation of the Honor Code and to fail to answer direct questions, except under danger of self-incrimination, could result in judicial charges of Failure to Comply.
         2. The accuser should testify first.  The ICC should question first, the accused should question second, and the panel should question third.
         3. The accuser should be cross-examined in the same order, after questioning is through.
         4. After the accuser testifies, he/she should be given the opportunity of leaving or remaining.  If he/she chooses to leave he/she should leave a phone number in case he/she must be contacted for further testimony.
      8. Testimony of Material Witnesses
         1. The ICC should present evidence and call any remaining witnesses.  The ICC should question first, the accuser should question second, and the panel should question third.
         2. The witnesses should be cross-examined in the same order, after questioning is through.
         3. The witness should be excused after his/her testimony, but should leave a phone number in case he/she must be contacted for further testimony.
      9. Testimony of the Accused
         1. The accused should testify last.  The Student Counsel, if applicable, should question first, the ICC should question second, and the panel should question third.
      10. After all witnesses have been questioned, the ICC should be excused by the chair and the case file is turned over to the trial secretary.
      11. The accuser, if he/she has chosen to remain, is permitted to make a closing statement.
      12. The accused is permitted to make a closing statement.
      13. Before closing the evidence portion of the hearing, the chair should instruct the panel that the accused is to be found not guilty unless five of the six members are convinced of his/her guilt beyond a reasonable doubt. The chair should read from the Code the definition of reasonable doubt.
      14. The chair should declare the hearing closed.  The accuser is excused.  The accused and Student Counsel and chair retire from the hearing room so the panel may deliberate.
   7. Verdict Deliberations
      1. The panel should deliberate in private, with no tape recording being made.
      2. Under direction by the trial secretary, the panel should take a straw vote on guilt or innocence in order to begin discussion.
      3. The trial secretary should record reasoning for the verdict to be included in the case file transmitted to the Dean of Students.
      4. The panel should inform the chair when a decision is made.  The chair should inform the accused and Student Counsel of the verdict immediately.
      5. If the verdict is not guilty, the case is closed and the hearing panel is excused. The trial secretary should prepare a case file for transmittal to the Dean of Students.  The accused should be given a written copy and certification of the finding.
      6. If the verdict is guilty, a sanctions hearing should be held immediately, if possible, unless the accused asks otherwise.
   8. Sanctions Hearing
      1. The chair should open the sanctions hearing and report the panel’s finding for the tape recording.  The chair should explain the sanctions hearing is not for reassessment of guilt, but for the determination of an appropriate educative and punitive sanction.
      2. The Chair should open the letter containing the accused’s prior record.
      3. The accused should make an opening statement, highlighting any unique, mitigating or aggravating circumstances of the violation or his/her situation.
      4. Character witnesses, called by the accused, should testify to the accused’s character and contributions to the College community.  There should not be more than three character witnesses.  The panel and Chair may ask the witness for more information to gain further insight into the accused’s character.
      5. Any documentary evidence introduced must show state of mind or other mitigation.
      6. The accused should be permitted to make a closing summary and argument.
      7. The chair should remind the panel that sanction begins with separation from the College, but may be modified at the discretion of the panel, and that sanction must be imposed by a vote of four of the six panel members.
      8. The chair should declare the hearing closed and the accused and Student Counsel and chair should retire.
   9. Sanctions Deliberations
      1. The panel should deliberate sanctions in private, with no recording being made.
      2. Under direction from the trial secretary, the panel should take a straw vote on sanctions to begin discussion.
      3. The trial secretary, with the help of the panel, should write a rationale explaining the reasoning behind the sanction.  This should be included in the case file transmitted to the Dean of Students.
      4. The panel should inform the chair when a decision is made.  The chair should inform the accused and Student Counsel of the sanction recommended immediately.  The chair should present the accused with a written copy of the verdict and recommended sanction, including certification of the findings.
   10. Post-Hearing
       1. The trial secretary should prepare a case file for transmittal to the Dean of Students including:  typed notes of testimony and reasoning for verdict and sanctions; copies of the letters sent to the accuser, the accused, and witnesses; the original copies of documentary evidence; the tape of the proceedings; and a letter transmittal.
       2. A copy of the case file should be kept in the Honor Council office.
       3. Thank you notes must be completed and sent to all witnesses.