The Honor Code and the Code of Responsibility emphasize the individual's involvement in and responsibility for the corporate well-being of the College community. In keeping with the latter, it is incumbent upon every member of the College community to promote the climate which these codes seek to establish on the campus. This involves not only counseling with fellow members of the College community concerning their actions, but also bringing the sanctions of the judicial system to bear upon those whose conduct is in violation of the codes. The aim of disciplinary action should be the maintenance of an atmosphere conducive to the attainment of the purpose of the College. Therefore the body adjudicating a specific case should consider each infraction individually and assess penalties according to the seriousness of the offense, taking into consideration the consequences for the individual involved and for the community as a whole.
Rights of the Accused
Any student accused of a violation of the Honor Code or the Code of Responsibility who is subject to disciplinary proceedings before the Judicial Committee or the Honor Council shall be afforded the following rights:
Accused students shall be informed in writing of the charges against them. Accused students shall have adequate time to prepare their cases. (See specified times in Code of Disciplinary Procedures, Section III, Part F.) At their request, accused students shall not be required to take any reviews or examinations between the time they are charged and two days after the verdict is delivered. Accused students shall have the right to the advice and assistance of the Defense Advisors. Accused students shall be assumed innocent until proven guilty by clear and convincing evidence. Accused students shall have the right to call witnesses, shall be allowed to question and cross examine witnesses, and shall have a fair opportunity to present a defense. No person shall be placed in double jeopardy. Accused students shall not be required to testify against themselves, but the Dean or the applicable court or disciplinary body may require other students to testify against them. Accused students shall not suffer an excessive penalty. No evidence obtained in violation of the right of privacy shall be admitted. No pressure shall be placed on accused students to confess or incriminate themselves. Accused students shall not be restrained in any manner from the full exercise of their rights of appeal.
Accusers have the right to be present during any hearing and to be advised of the sanctions imposed. Any participant in a hearing shall not be required to meet classroom obligations the day following the hearing. Any student accused of Sexual Misconduct who is subject to disciplinary proceedings before the Sexual Misconduct Board shall be afforded the rights set forth in the Sexual Misconduct Policy.
Responsibility and Authority for Student Conduct
The Trustees recognize that there are two separate areas involved in the mandate to the Trustees of Section 2 of the Charter. The first has to do with the use of College facilities. In this area, regulations having to do with the health, safety and welfare of the community and with the protection of property should be promulgated as administrative matters. The other area has to do with the larger dimensions of student conduct which are more personal. In both areas, provisions should be made for consultation and participation by faculty, staff, and students, and for specific judicial mechanisms and procedures. The Trustees specifically delegate to the President the authority and responsibility for supervision and direction in both areas, and direct him to devise the necessary regulations, mechanisms, and procedures to achieve the objectives indicated herein. The Trustees have established the following mechanisms and procedures for the governance of student conduct:
I. As to the Source of Substantive Rules Governing Student Conduct
A. In the Use of Physical Facilities
Regulations pertaining to the health, welfare and security of the community and to the protection of property in respect of the use by students of physical facilities of the College shall be promulgated solely by the President. Such regulations shall be known as "College Regulations." They shall be effective from the date they are published.
- Traffic Control, Parking and Use of General Facilities and Grounds
Regulations governing traffic control, parking, and use of general facilities and grounds should apply equally to all members of the community. The penalty for violation will normally be a monetary fine, restitution in the case of damage, or both. In the case of willful or repeated refusal by an individual to conform to the regulations or to pay penalties assessed, the following procedure will be followed: 1) in the case of a faculty or staff member, the matter will be referred to the President; 2) in the case of a student, the matter will be referred to the Dean of Students for action under the judicial procedures described here in.
- Residence Halls and Apartments
Each residence hall shall have a Resident Adviser,Hall Counselor,or Building Manager who will be responsible for seeing that the regulations of the residence halls are observed and who will attend to the management of the residence hall. In the case of violation of regulations, RAs may first attempt to handle the matter by counseling with the individual or individuals concerned. If this proves ineffective, they will refer the matter to the Dean of Students for action in accordance with the judicial procedures described herein.
II. As to the Procedures for Effecting Compliance and for Modifying Substantive Rules from Time to Time
A. Authority Delegated to Student Conduct Council
In the promulgation and modifications of substantive rules and in their enforcement through disciplinary action, the President is authorized to delegate to a "Student Conduct Council," composed as herein provided, the following functions:
- To serve as an advisory body to the administration, and specifically to the Dean of Students, in matters of policy relating to student conduct and disciplinary proceedings;
- To amend, by majority vote of the Council, substantive provisions of the Honor Code, the Code of Responsibility and Code of Disciplinary Procedures by two votes of the Conduct Council at least fourteen days apart; provided, however, that if the President of the College considers any such amendment to be in contravention of Trustees policy, he may suspend the operation of the amendment pending review by the Board of Trustees. If the President does not act to suspend its operation, he shall present the proposed amendment to the Trustees for action within thirty days after receipt by the Secretary of the Board of Trustees of notice of the President's action. If the Board of Trustees does not act within thirty days following receipt of such notice, the amendment shall become operative upon expiration of such period. If the Trustees approve the amendment, it becomes operative immediately.
- To recommend to the President, as may be deemed necessary, changes in enforcement mechanisms and procedures. The Student Conduct Council may be activated with the powers above stated by letter of the President to the Secretary of the Board of Trustees. It may thereafter be deactivated or have its power modified only by action of the Board of Trustees.
B. Organization and Membership of Student Conduct Council
Upon activation of the Student Conduct Council, its membership consists of the following: The Dean of Students, who shall serve as chairman unless the President appoints one from the Council or asks the Council to select one; the Director of the College Union; eight faculty divisional and at large members for staggered three year terms; the President and Vice President of the Student Government Association; the Presidents of the four classes; and two upper-class students, who are not members of the Student Government Association and who are elected at large by the student body.