Text of the Honor Board Constitution and Procedural Guidelines
This version of the Constitution and Procedural Guidelines will go into effect Fall 2008.
Constitution
Article I: Name and Definitions
Section 1. The judicial body charged with administering the Honor System of Knox College and increasing community awareness of the Honor System shall be known as the Honor Board of Knox College (“Honor Board,” “the Board”).
Section 2. Any alleged violation of the Honor Code presented to the Honor Board shall be known as a complaint. The complaint, once received and processed by the Board, shall be known as a case.
Section 3. The person or persons bringing a complaint before the Honor Board shall be known as the complainant. The person or persons against whom a complaint is brought shall be known as the respondent.
Article II: Membership
Section 1. Membership
The membership of the Honor Board shall consist of nine students (three seniors, three juniors, and three sophomores, as determined by graduation date); three members of the faculty; and the Associate Dean of the College, ex officio without vote.
Section 2. Committees
A. The junior-class members of the Board shall function as an Education Committee charged with the task of increasing community awareness of the Honor System’s purpose, policies, and procedures.
B. The Honor Board Selection Committee shall convene for all appointment proceedings as described in II.3. The Committee shall consist of the Honor Board Secretary, chair; between two and four other Honor Board student members; between one and two Honor Board faculty members; one voting member of the Academic Standing Committee; and two members of the Student Senate. No person may satisfy more than one membership requirement.
Section 3. Appointments and Terms
A. Each spring, the Honor Board Selection Committee shall appoint three first year students and the Faculty Executive Committee in consultation with the Honor Board shall appoint one faculty member to replace the outgoing members. Appointments shall last for three years.
B. Any student in the appropriate class (as determined by graduation date) with good academic standing and no prior Honor Board convictions may apply for a position for their class on the Honor Board. The Selection Committee shall review the applications, invite each candidate to interview for the open positions, and make its final selections from among the students interviewed. The Committee shall also designate which selected students will be future Co-Chairs.
C. The Selection Committee should, in addition to the three permanent student members, designate up to two alternate student members to serve in the event that a Board member of that class resigns or is temporarily or permanently excused from duty. The alternates shall not be notified of their selection until and unless called for service by a majority vote of the Board. In the event that an alternate is not appointed or the appointed alternates are unwilling or unable to serve, the Selection Committee shall convene to select replacement members as necessary.
D. If a member of the Honor Board will be absent from campus longer than a term, he or she shall be required to resign his or her seat on the Board. The Honor Board may override this requirement by majority vote if the absence will not interfere with the Board’s ability to achieve quorum. The replacement may be temporary or permanent at the discretion of the Board.
E. The Honor Board shall have the right to temporarily replace a member who is absent from the campus for one term if his or her absence will jeopardize the Board’s ability to achieve quorum at hearings.
F. The Honor Board shall have the right to replace members who do not perform their duties. Members who miss three scheduled hearings in a term shall be dismissed from the Honor Board.
G. In situations, such as after the end of a term, where the Board must consider a case or conduct a rehearing and a quorum cannot be assembled from the regular or alternate members, the Associate Dean of the College, in consultation with at least two members of the Honor Board, may appoint interim student members to serve for a period not exceeding one term. No more than three interim student members may serve at any time. Faculty members may also be selected as interim replacements for faculty members of the Board.
Article III: Officers
Section 1. The officers of the Honor Board shall be the Co-Chairs and the Secretary. The Co-Chairs shall be the two senior-class student members who have served the longest on the Board and are not enrolled in an off-campus program. The third senior-class student member shall serve as the Secretary. The Board may deviate from this policy and elect different officers by a two-thirds vote.
Section 2. Responsibilities of the Co-Chairs
A. A Co-Chair shall preside at all meetings of the Honor Board. He or she shall call all regular and special meetings of the Honor Board.
B. A Co-Chair shall handle all reports of alleged violations of the Honor Code from the complainant.
C. A Co-Chair shall determine whether the allegations are under the jurisdiction of the Board and warrant a hearing.
D. A Co-Chair shall inform the respondent of the charges against him or her and of his or her rights under the Honor System.
E. A Co-Chair shall assemble and prepare all relevant evidence and statements for a hearing, shall contact expert witnesses as appropriate, and shall schedule hearings.
F. A Co-Chair shall notify the respondent of the Honor Board’s decision within twenty-four hours.
G. A Co-Chair shall oversee the fulfillment of all recordkeeping and reporting requirements as described in Article VII.
Section 3. Responsibilities of the Secretary
A. The Secretary shall assist the Co-Chairs in preparing case files and evidence for hearings.
B. The Secretary shall maintain a file of important precedent cases to assist the Board in deliberations.
C. The Secretary shall chair the Honor Board Selection Committee.
D. The Secretary shall maintain the Board's institutional memory and develop methods for record-keeping and reporting.
E. The Secretary shall assist the Co-Chairs in fulfilling all record-keeping and reporting requirements as described in Article VII.
Article IV: Powers
Section 1. The Honor Board shall have the power to adjudicate all alleged violations of the Honor System. A violation of the Honor System is any instance of academic dishonesty as described in the Honor Code.
Section 2. The Honor Board shall have the power to assign penalty for violations of the Honor System. Penalties may include any one or combination of the following:
A. Warning
B. Additional academic work
C. “F” (zero credit) on the work
D. Mandatory withdrawal from the course with “W” grade
E. “F” in the course (the usual penalty for a first offense)*
F. Suspension
G. Expulsion (the usual penalty for a second offense)**
(* In the case that the standard penalty of an “F” in the course for a first offense is exacted in a course graded S/U, the grade in effect will remain an “F” and not be translated to a “U.”)
(** If expelled, a student earns no credit for the term in which the violation occurred and receives an “F” in the course involved in the case and grades of “W” in any courses in progress other than the one involved in the case.)
Section 3. The Honor Board has the power to deviate from the usual penalty for the first or second offense, provided there are sufficient grounds to do so. Grounds for deviation may include, but are not limited to: unusually grave extenuating circumstances; unusually serious or aggravated offences against the Honor Code; and overwhelming evidence that an offense was not voluntary.
Section 4. If a respondent is found guilty of academic dishonesty but is not enrolled in the course in question, or if the violation did not occur within the context of a course, the Honor Board shall, in consultation with the Associate Dean of the College, assign an appropriate penalty.
Article V: Procedure
Section 1. Hearings and Deliberation
A. A quorum shall consist of six voting members, including a Co-Chair and at least one faculty member. The number of voting members present may not exceed nine.
B. A Co-Chair shall preside over all hearings.
C. Hearings of the Honor Board are closed and confidential proceedings.
D. At the hearing, the Co-Chair shall inform the respondent of the charges brought against him or her. The respondent shall have the opportunity to present a plea of guilty or not guilty at any point in the hearing, but no plea will be required of the respondent. The respondent will be questioned, allowed to ask questions of the Honor Board, and shall always have the right to see and question the complainant. The respondent may submit and read a statement of defense if desired.
E. A respondent will forfeit the right to present a defense if he or she fails to appear or waives the right to appear at the scheduled hearing.
F. The Honor Board shall meet in executive session for deliberations.
G. The Honor Board shall come to a decision of guilty or not guilty. If the Honor Board reaches a decision of guilty, the Board must then come to a decision of penalty. All decisions must be reached within twenty-four hours from the time the hearing began, excepting reasonable and unavoidable delay with the agreement of the Associate Dean of the College.
H. When six, seven or eight voting members are present, the agreement of six voting members is required to determine guilt and to deviate from the standard penalty. When nine members are present, the agreement of seven voting members is required.
I. If the Board cannot reach agreement on a verdict, the case is recorded as “no decision,” and no penalty is given. Such a case may be reopened only if new evidence is available, using the appellate process described in VI.1.
J. Interference with Honor Board proceedings, such as intimidating actions directed toward a member of the Board or any other person involved in a case, is a serious violation of College rules. Violators are subject to disciplinary action by the appropriate College judicial or administrative body.
Section 2. Advisor
A. A respondent may select an advisor to guide him or her through the Honor Board process.
B. Only a current full-time student or member of College faculty or staff may serve as an advisor. The advisor may not have been involved in the case itself, and may not act as a witness in the hearing, except as described in V.2.E.
C. The advisor will ensure that the respondent understands the proceedings, and may assist the respondent in preparing a case for the hearing and for appeals.
D. The advisor may accompany the respondent to the hearing, and may interrupt the proceedings to advise the respondent. The advisor, however, is not empowered to address the Board and others at the hearing directly
E. If the advisor wishes to present a written statement of his or her own, the Board shall treat it as a character witness statement (pursuant to V.3) and shall only consider it during deliberation. The advisor may not present an oral statement at the hearing.
F. The advisor must treat the hearing and all related conversations as confidential.
Section 3. Witnesses and Statements
A. Before the hearing, the complainant and the respondent must submit to the Board a list of witnesses and written witness statements, and the justification for their submission.
B. The Board shall determine what witnesses may appear at the hearing, and may determine whether to accept written statements. The Board may require that a witness submit a statement in lieu of appearing in person.
C. The complainant, the respondent, and witnesses appearing in person may present their statements at the hearing; other statements shall be considered only during deliberation.
D. Character witnesses who are not directly involved in the evidence of the case may not appear in person at the hearing, but may submit a written statement to be considered during deliberation.
E. Persons outside the Knox community may not appear in person as witnesses, but may submit written statements. The Board shall not be required to contact outside witnesses beyond the written statement provided.
F. The Board may request the assistance of expert witnesses within the Knox community, but may not reveal personally identifiable information without the consent of the respondent. The respondent may also seek the testimony of expert witnesses within the Knox community; these witnesses may be present at the hearing with the consent of the Board, pursuant to V.3.B. Expert witnesses outside the Knox community may submit written statements but shall not be permitted to appear before the Board.
Article VI: Appeal
Section 1. Appeal to the Dean of the College
A. The respondent may appeal the Board’s verdict and penalty to the Dean of the College within one academic week of formal notification of the original decision. A written statement of the grounds for appeal must be included.
B. Proper grounds for appeal to the Dean of the College shall be restricted to the following:
- i. Substantial new evidence.
- ii. Charges of bias on the part of Honor Board members.
- iii. Charges of substantial procedural error on the part of the Honor Board.
C. If the Dean of the College considers the stated grounds for appeal to be insufficient for appellate review, he or she may summarily dismiss the appeal.
D. If an appellate review is granted, the Dean of the College shall notify the Honor Board of the grounds for appeal prior to the appellate review.
E. At the appellate review, the Dean of the College, the appellant, and one Honor Board member designated by the Board must be present. The opposing party may attend the appellate review at the discretion of the Dean of the College, but the Dean of the College must consult with the opposing party before granting or denying a rehearing. The Dean of the College may meet with the appellant prior to the formal review as necessary.
F. Following the appellate review, Dean of the College shall determine whether the grounds for appeal are sufficient for rehearing. If a rehearing is granted, the Dean of the College shall direct it to the appropriate body (as specified in VI.1.H).
G. The Dean of the College shall provide a written explanation of his or her decision and its rationale to the appellant, the opposing party, the Academic Standing Committee, and the Honor Board. If the grounds of the requested appeal do not involve the Academic Standing Committee, then a summary of action report to the Academic Standing Committee fulfills this requirement.
H. If the Dean of the College determines that there are sufficient grounds, a rehearing of the case shall be conducted by one of the following bodies:
- i. The Honor Board, if the basis for the rehearing is substantial new evidence.
- ii. A body consisting of the voting members of the Academic Standing Committee and one Honor Board member who did not attend the original hearing, if the basis for the rehearing is either bias on the part of the Honor Board or substantial procedural error. The Associate Dean of the College may appoint alternate members in order to achieve the quorum required, in the manner described in II.3.H. No person may satisfy more than one membership requirement. The Associate Dean of the College, as the chair of the Academic Standing Committee, shall chair the rehearing body. A quorum shall consist of the Honor Board member and four voting members of the Academic Standing Committee. The agreement of five voting members is required to determine guilt and to deviate from the standard penalty. If the body is unable to agree on a verdict, the original verdict and penalty assigned by the Honor Board shall stand.
I. All rehearings shall follow the procedures mandated for original hearings under the Honor Board Constitution and Procedural Guidelines. A reassembly of all witnesses and evidence shall be required, with reasonable accommodation.
J. The verdict and penalty decisions resulting from a rehearing shall be final, except as specified in VI.2, or unless the case is again appealed to the Dean of the College. Additional appeals shall follow the procedures for original appeals as specified in this section. If the body described in VI.1.H.ii presided over the rehearing, the case may only be appealed on the grounds of substantial new evidence, and, notwithstanding VI.1.H.i, the rehearing body shall conduct any rehearing granted in that case.
Section 2. Any student who has exhausted all right of appeal for rehearing may petition the President of the College (in writing) for a reduction of penalty. The President, after reviewing the petition, may refuse to reduce the penalty or may grant a reduction of penalty. The President will not act before having consulted with the Honor Board Co-Chairs, the Associate Dean of the College and the accuser. The decision of the President is communicated to the student in writing.
Section 3. All appeal proceedings, including rehearings, are confidential.
Section 4. If a suspended or expelled respondent causes unreasonable delay in appeal proceedings, the Associate Dean of the College may immediately put the suspension or expulsion into effect.
Article VII: Records
Section 1. A detailed case summary of each case shall be composed, including accounts of evidence, testimony, and the Board’s verdict. All documents related to each case, including evidence, witness statements, and written decisions from all hearings and appeals as described in Articles V and VI, shall be filed with the case summary in a private file located in the Office of Academic Affairs. Access to this file shall be limited to the President of the College, the Dean and the Associate Dean of the College, and the members of the Honor Board. Release of any information in this file except as described in VII.2-4 shall require the written approval of the respondent.
Section 2. An edited case summary of each case shall be placed in a public file, excluding names, course, and other identifying details. This file shall remain in the Office of Academic Affairs. Access to this file shall be limited to students, faculty, and administrators of the College. Except as provided in VII.3, information in these files may not be published or disseminated.
Section 3. A brief summary of each case shall be released for publication in the student newspaper (or other appropriate publication as determined by the Board) twice per term. The information contained in the brief summary shall be limited to the case reference number, the number of students involved in the case, charges brought, pleas entered, the Board’s decisions of guilt or innocence, penalty assigned, and the result of any appeals proceedings.
Section 4. The Academic Standing Committee shall be informed of all Honor Board actions, but shall not have the power to alter the verdicts or penalties assigned by the Board, except as specified in Article VI.
Article VIII: Honor System
Section 1. The Honor Board shall create the Honor Board Procedural Guidelines to govern its operation, in compliance with this Constitution. The Procedural Guidelines shall include the details of evidentiary and hearing procedure, as well as requirements for the maintenance of records and for other duties of the Board, including the training of Board members and new student orientation and education. Amendments to the Procedural Guidelines may be ratified with the support of eight voting members of the Honor Board.
Section 2. The Honor Board shall act as the guardian of the Honor Code. Any member of the Honor Board, faculty, or Student Senate may propose amendments to the Honor Code. For ratification, a proposed amendment must receive the approval of eight voting members of the Honor Board and two-thirds of each of the Academic Standing Committee and the Student Senate.
Section 3. The Honor Board, in consultation with the Office of Academic Affairs, shall notify the Knox community of all changes to the governing documents of the Honor System.
Article IX: Amendment
Section 1. Any member of the Honor Board, Academic Standing Committee, faculty, or Student Senate may initiate an amendment to this Constitution. The amendment must have the approval of eight voting members of the Honor Board before it may be taken to the Academic Standing Committee for approval.
Section 2. For ratification, a proposed amendment must receive the approval of eight voting members of the Honor Board and two-thirds of each of the Academic Standing Committee and the Student Senate.
Procedural Guidelines
Pending Ratification
