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2016-17 Student Handbook

Composition and Jurisdiction of the Student Honor Council The Student Honor Council normally consists of five students, one of whom is the student chair. Participants for each court are selected by the dean of students from a pool of students. The pool consists of students appointed annually through academic deans, department and division chairs. Students serving on the Student 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 Student 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 board composition, chairmanship and quorum may be waived in order to expedite the scheduling and completion of hearing procedures. The dean of students acts as non-voting administra-tor of the council, and appoints a student chair to serve as chairperson for each council hearing, and selects members from the pool to serve at a particu-lar council hearing. All matters involving an alleged violation of the Code of Student Conduct shall subject the student or student organization to the jurisdic-tion of the campus judicial system. In special cases where the safety of the individual or the University community is threatened, a student may be subject to immediate suspension by the chancellor or his designee pending a hearing. V. The Rights of the Charged Student The following rights are guaranteed to persons involved in the University judicial system. • The right of the Charged Student to a clear, simple written notice of actions alleged as violations of the Code of Student Conduct. This notice should also include a brief statement of the nature of the evidence and possible sanctions. • The right to be presumed innocent until guilt has been determined. • The right of the charged student and the accuser to present information and respond to any informa-tion presented. This does not include cross-examination of either witnesses or the Honor Court members and does not grant the charged student the right to be present during testimony. • The right to a fair hearing. • The right, if the student desires, to have an advisor present to advise and serve in a consultative role to the student, although they may not actively participate in the hearing. The charged student must give prior notice to the dean of students when 143 hearing, and selects members from the pool to serve at a particular council hearing. All matters involving an alleged violation of the Code shall subject the student or student organization to the jurisdiction of the campus judicial system. In special cases where the safety of the individual or the University community is threatened, a student may be subject to immediate suspension by the chancellor or his designee pending a hearing. D. The Student Honor Council During a Student Honor Council hearing, the hearing chair will bring the hearing to order and present the charges 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. Student Honor 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 Student Honor Council shall deliberate without the accused student being present. The Student Honor Council shall also determine the sanction that will be imposed as outlined in the Code of Conduct if the student is found responsible. 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 Student Honor Council on the basis of their need to know. Records will be made available to the Student 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 Code of Student Conduct will be taken into account in determining the sanction or sanctions for a subsequent violation(s) of the Code. The focus of inquiry in disciplinary proceed-ings shall be the responsibility of the accused party. 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 organiza-tion or University is shown to have resulted. Ad hoc student honor councils may be created when extenu-ating circumstances (e.g. summer break, University holidays, final exams, etc.) preclude an honor council or an appeal council from obtaining the usual quorum (five students) for hearing a case. The dean of students will serve as the non-voting chair of this ad hoc board. 139 ‘16 - ‘17 Student Handbook


2016-17 Student Handbook
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