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2016-17 Student Handbook

with alleged campus discipline code violations may choose between which council will hear their case. The Honor Council does not have the role to examine severity of sanction appeals from the decisions of the dean of students or faculty member; those concerns will be forwarded to the Appeals Council. Should further action be necessary, the charged student will receive written notification of a hearing before the Council within a reasonable period of time. The charge letter will include a statement of the charges and the time and place of the hearing. If the accused accepts responsibility in writing prior to appearing before a Council hearing, a sanction determined by the dean of students, or faculty member if an academic violation, will be imposed. If a student fails to respond to a charge letter within the time specified in a certified letter, he or she forfeits his or her rights and may have a sanction imposed by the dean of students. A hearing may be conducted in the absence of an accused student if the student fails to appear for a scheduled hearing. B. Mediation An agreement to participate in a mediation process. Resolution through mediation requires a voluntary agreement from both parties to participate in a mediation process. This option is reserved for situations where all of the immediate parties in the incident agree to have a conflict resolved in this fashion, and the option is considered appropriate by the dean of students or designee. Code of Academic Integrity charges will not be handled through mediation. Failure to fulfill the terms of a mediation agreement could lead to reactivation of the charges as well as additional disciplinary action. C. The Honor Council Procedures During an Honor Council hearing, the faculty chairperson will bring the council to order and present the alleged violation brought against the student. The student has the right to attend the hearing, at a designated time, to respond to any evidence, and to present witnesses and evidence. Council members and the student shall be free to ask questions during the hearing. Following the presentation and hearing of all information pertaining to a particular violation, the Honor Council shall deliberate without the accused student being present. The Honor Council shall also determine the sanction that will be imposed if the student is found responsible for Code of Campus Behavior violations. Faculty members will determine the sanction assigned for any Academic Code of Integrity violations that occur in their classes. The dean of students will maintain all records of violations of the Code of Student Conduct confidentially for a period of six calendar years from the date of the hearing. Cases that result in suspension or expulsion will be retained indefinitely. Appropriate University officials may be notified of actions taken by the Honor Council on the basis of their need to know. Records will be made available to the Honor Council for specific cases where a student is found responsible, and has a record of any prior violations of the Code of Student Conduct. Any prior violations of the Student Conduct Code will be taken into account in determining the sanction or sanctions for a subsequent violation(s) of the Code. The hearing authority shall exercise active control over the hearing in order to elicit relevant information, avoid needless consumption of time, and to prevent harassment or intimidation of witnesses. Formal rules of evidence shall not be applicable, nor shall deviations from prescribed procedures necessarily invalidate a decision or proceeding unless significant prejudice to the charged student, student organization or University is shown to have resulted. Ad hoc honor councils may be created when extenuating circumstances (e.g. summer break, University holidays, final exams, etc.) preclude an honor council or an appeal council from obtaining the usual quorum (two students, three faculty) for hearing a case. The dean of students or designee will serve as the administrator of this council. Composition and Jurisdiction of the Honor Council The Honor Council normally consists of two students and three faculty voting members. Participants for each council are selected by the dean of students from a pool of students and faculty. The dean of students is authorized to assign non academic integrity cases to a Student Honor Council that operates under the same guidelines as a council in which faculty participates. The faculty pool consists of two faculty appointed by each academic division or department from each of the following disciplines: business, education, nursing, library and the College of Arts and Sciences. The student pool consists of two students appointed by each academic division or department from each of the following colleges: business, education, nursing and the College of Arts and Sciences. Students serving on the Honor Council must have completed 30 hours at USC Upstate and maintain a 2.25 GPA and must be in good behavioral standing at the University. Members of the Honor Council are selected each fall to serve during the fall, spring and summer of the following year. With the voluntary, informed and written consent of the University’s representative and charged parties, the above provisions related to council composition, chairmanship and quorum may be waived in order to expedite the scheduling and completion of hearing procedures. The dean of students or designee acts as a nonvoting administrator of the council, and will appoint a faculty chairperson for each council 1‘4126 - ‘17 Student Handbook 138


2016-17 Student Handbook
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