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The Wellesley College Judicial System The Wellesley College judicial system is composed of General Judiciary, the Judicial Review Board and the President of the College. In addition, the college has a Residence Judiciary and an Alcohol and Drug Hearing Board. The judicial system described below addresses violations of the Honor Code and became effective July 1, 2004. Revisions are included effective starting the Fall 2005 semester. General Judiciary Role General Judiciary upholds the fundamental values of academic honesty and personal integrity critical to the college’s mission. When a student is alleged to have violated the Honor Code, the role of General Judiciary is to provide a fair and effective mechanism for resolving the charge. Composition and Selection The Chief Justice will be the primary administrator of the Honor Code and will chair General Judiciary. She will preside over hearings as a nonvoting member. In addition, she will be a member of the College Government cabinet and she will be eligible to attend Academic Council. The Chief Justice will be elected in the spring of her junior year. In order to be eligible to run for election, a student must be full-time, have a cumulative GPA of at least 3.0, and have served on General Judiciary for at least one year. Candidates will be interviewed and recommended by the outgoing Chief Justice, another student member of General Judiciary, and the Dean of Students.1 If no suitable candidate runs, eligibility will be extended to all rising seniors, whether or not they have served on General Judiciary, as long as they meet the other criteria. The judicial case coordinator will assist in the establishment of appropriate guidelines in the institution of charges. S/he will be available for procedural advice to all parties. S/he will gather information relevant to a charge and will interview students, faculty, and other members of the community who may have information relevant to the case. This information may be included as evidence in a hearing. The judicial case coordinator will be expected to maintain objectivity concerning the facts of the case; the role is facilitative, not prosecutorial. S/he will be a nonvoting member of General Judiciary and will not attend hearings. The Chief Justice and the judicial case coordinator will constitute the judicial coordinating team. Student members will be appointed by the Student Organizations and Appointments Committee for one-year terms. Student positions will be as follows: two class representatives from each of the sophomore, junior, and senior classes, one ALANA representative, one Davis Scholar representative, one House Presidents’ Council representative, two ombudspersons, and one student to sit on General Judiciary Review Board. Ombudspersons will advise students charged with Honor Code violations and will not hear cases. All students will be voting members of General Judiciary. Student members will be responsible for promoting the Honor Code and hearing cases.2 Eight faculty members will be appointed by the Agenda Committee of Academic Council for staggered three-year terms. At least one faculty member in her/his third year of service on General Judiciary will serve as a faculty ombudsperson, and as such s/he will advise individuals bringing a charge. The faculty ombudsperson will not hear cases. All faculty members will be voting members on General Judiciary. The Dean of Students (or her/his designee3) will serve as the administrative representative of the college and will be the advisor to General Judiciary. S/he will be a voting member of General Judiciary. The clerk normally will be the assistant to the Dean of Students. S/he will schedule hearings, keep all records relating to hearings, handle official correspondence, and assist the Chief Justice and the judicial case coordinator with General Judiciary business. The clerk will be an ex officio member of General Judiciary. Judicial advisors will be faculty and student life administrators selected and trained by the judicial coordinating team. Advisors will be available to provide support for a charged student or an individual bringing a charge, but they will not attend hearings or act as formal advocates. They will not be members of General Judiciary. The Judicial Review Board The Judicial Review Board will serve as the appellate body for General Judiciary. The Judicial Review Board will be composed of the dean of the college (or her/his designee4), one member of the faculty appointed by the Agenda Committee of Academic Council, and one student appointed by the Student Organizations and Appointments Committee. Eligible faculty members will have served at least one term on General Judiciary. Eligible students must be rising seniors who have served on General Judiciary for at least one year. The President of the College The President of the College will be the final appeal in all cases resulting in suspension, dismissal, or expulsion. General Judiciary Procedures The procedures outlined below are intended to assure fundamental fairness in the resolution of charges, including the hearing process. They are designed to protect the rights of all individuals involved in the judicial process. Variation from these procedures will not invalidate a judicial decision unless such variation prevents a fair hearing. Normally, e-mail will be used for judicial communications and will be considered written notification. The date on which an e-mail is sent will be the date by which General Judiciary deadlines will be determined. A written letter restating judicial decisions will follow e-mail notification. Judicial Coordinating Team The judicial coordinating team, composed of the Chief Justice and the judicial case coordinator, will facilitate all processes for General Judiciary, and, as warranted, the Judicial Review Board and the President. Either of these two individuals will be the first point of contact for both the individual considering bringing a charge and the charged student. The team will review all charges and determine their disposition.5 They will also prepare the charge report. Filing an Honor Code Violation Charge All members of the Wellesley College community including students, faculty, administrators, and staff will be expected to file an Honor Code violation charge against an individual student (or student organization) when they believe a violation has occurred. The individual bringing the charge may speak first with the student in question, but s/he will not be obligated to do so. Charges will be submitted to the judicial coordinating team in writing via a secure FirstClass form. A charge should be submitted as soon as possible after the alleged violation has occurred, and no later than six months after the occurrence, unless special circumstances warrant an extension. To file a charge, a community member needs to:
A pop up window will then provide information on completing the report form. Jurisdiction The Honor Code applies to all Wellesley College students including those currently enrolled in a Wellesley College international study program or on leave from the college. Students from other institutions participating in any Wellesley program are also bound by the Wellesley College Honor Code. The Wellesley College judicial system does not preclude a state or federal process. Notification of Charge Normally, the judicial coordinating team will notify the student by e-mail of an Honor Code violation charge within five business days of receipt. Failure to adhere to this notification guideline does not constitute grounds for dismissal of charges. Confidentiality Once an Honor Code charge has been filed, all elected or appointed members of the judicial system will hold the case in strict confidentiality. All parties will be expected to be respectful of the private nature of any knowledge or information they may have about a General Judiciary matter. In the event that a charge results in a hearing, upon its conclusion, no party may disclose the identities of those involved with the case. If a person who is or has been the subject of a charge should disclose the process or identify the participants, General Judiciary reserves the right to respond. Resources for Charged Student and Individual Bringing the Charge The charged student will have the right to various forms of support. She should consult the student ombudsperson, who will advise her on General Judiciary procedures and assist her in addressing a charge. In addition, the charged student may select as an advisor one of the college’s trained judicial advisors or any member of the college community. The individual bringing the charge will have the right to support as well. S/he may consult a student or faculty ombudsperson, as appropriate, who will act as a resource throughout the process. Interim Restrictions From the time a charge is filed until its resolution, the Dean of Students may place interim restrictions on the charged student to protect the health and safety of the student or members of the college community. These restrictions may include, but will not be limited to, removal of privileges, removal from or relocation within college housing, a no contact order, or suspension of an activity. Further, an interim suspension from the college may be imposed by the Dean of Students and will become effective immediately if the continued presence of the student poses a substantial and immediate threat to herself or to others. A charged student may not withdraw from, or change her status in, a course in which she has been charged with an Honor Code violation. The charged student may not voluntarily withdraw from the college before the resolution of an Honor Code violation charge, unless she has been granted permission by the Dean of Students. In such circumstances, the student’s readmission will be contingent upon the resolution of the charge through the college’s judicial system. Rights of the Charged Student Charged students will be entitled to the following procedural rights:
Rights of the Individual Bringing the Charge Individuals bringing the charge will be entitled to the following procedural rights:
Disposition of Charges Normally, the judicial coordinating team will refer cases for a General Judiciary hearing when there is sufficient information that an Honor Code violation may have occurred. If there is insufficient information or the alleged act clearly does not amount to an Honor Code violation, the team will dismiss the charge and close the case. At its discretion, the judicial coordinating team may refer the case to the Dean of Students for resolution. Notification of Hearing/Submission of Case-Related Materials In cases referred for a hearing, the charged student and the individual bringing the charge will be notified of the time and location of the hearing at least five business days in advance, time permitting. Each will be given a copy of the charge report prepared by the judicial coordinating team. Any written materials to be introduced at the hearing by either the charged student or the individual bringing the charge must be submitted to the clerk at least three business days before the hearing. A copy of the materials will be given to the charged student, the individual bringing the charge and General Judiciary hearing panel members at least one business day before the scheduled hearing. Failure to adhere to any of the timing guidelines established here does not constitute grounds for dismissal of charges. Cooperation of All Parties Both the individual bringing the charge and the charged student will be expected to cooperate fully with the judicial coordinating team. Similarly, all parties with knowledge pertaining to a case will be expected to cooperate fully in the examination and, if requested, appear at General Judiciary hearing. Honesty is expected from all members who participate. Dishonesty in a hearing may be grounds for a separate Honor Code violation charge. Hearing Panels A hearing panel will be composed of the Chief Justice and three voting General Judiciary members: one student, one faculty member, and the Dean of Students. The Chief Justice will preside. Either the charged student or the individual bringing the charge may request that a member of a General Judiciary hearing panel be disqualified when she can demonstrate a significant conflict of interest. The judicial coordinating team has the final authority to determine the composition of hearing panels. Any member of General Judiciary may recuse herself or himself due to conflict of interest. When the Chief Justice recuses herself, her designee—who may be either a senior class General Judiciary member or the President of College Government—will preside over the hearing. When the Dean of Students recuses herself, her designee will participate in the hearing. If needed, former members of General Judiciary may serve on hearing panels if all current members are disqualified. On appeal, if either party alleges a conflict of interest with a Judicial Review Board member, s/he may request that the individual be disqualified. Any member of the Judicial Review Board who has a conflict of interest in a particular case may recuse himself or herself. The dean of the college’s designee normally will be one of the associate deans of the college. The student and faculty Judicial Review Board substitutes will be selected from General Judiciary members who have had no prior affiliation with the case. The judicial coordinating team has the final authority to determine the composition of the Judicial Review Board. Hearing Procedures Formal rules of evidence and procedure shall not apply to hearings. Hearing panels shall make decisions regarding procedural or evidentiary questions arising during hearings. Normally, hearings will be conducted in person, but they may be conducted by phone if necessary. The judicial coordinating team will determine the method by which a hearing will be conducted. All hearings will be conducted in private. Neither the charged student nor the individual bringing the charge may have attorneys present at hearings. When a charge involves more than one student, the judicial coordinating team will determine if the hearings concerning the charged students will be conducted separately or together. In the event that a student is simultaneously charged with two distinct Honor Code violations, the judicial coordinating team may consolidate the hearings. Attendance The charged student, the individual bringing the charge, and all witnesses will be expected to be present, in person or by phone, at the scheduled hearing. Failure of the charged student to appear at a hearing after proper notice may subject her to further charges. Should a charged student fail to appear, the hearing will proceed and penalties may be imposed as if the charged student were present. General Judiciary proceedings will take precedence over all nonacademic activities. Timing Normally, all cases must be resolved prior to the beginning of the next academic year.6 Charges against a student must be resolved before she will be eligible to participate in international study/exchange programs. If a student is charged while participating in a Wellesley College international study program, the judicial coordinating team, in consultation with the Dean of Students, will determine whether to conduct a hearing by phone or defer it until the student’s return. Failure to adhere to any of the scheduling guidelines set out here does not constitute grounds for dismissal of charges. Record All General Judiciary hearings will be recorded. Either the student found in violation of the Honor Code or the individual bringing the charge may listen to the tape in the presence of the clerk when considering an appeal. The tape will also be available for consideration by the Judicial Review Board and the President. Tapes of the hearing will be the property of Wellesley College and will be kept until the conclusion of the process by final decision on appeal or the expiration of any appeal period. Witnesses The charged student and the individual bringing the charge may bring witnesses to present information relevant to the case. Witnesses will be entitled to be given a copy of General Judiciary procedures and to be offered reasonable protection from retaliation, intimidation, or harassment. Witnesses must submit a brief statement to the judicial coordinating team before the hearing summarizing their knowledge of the alleged Honor Code violation. The charged student may ask one character witness to submit a written statement to be distributed to the hearing panel. Oral character statements may not be presented at the hearing. The charged student, the individual bringing the charge, and the members of the hearing panel will address relevant questions to the witnesses. The Chief Justice will have the authority to rule questions irrelevant or out of order. Witnesses will remain in the hearing room only while presenting information and answering questions. Independent Expertise If a case involves a technical matter that falls outside the expertise of the hearing panel, the members may consult with other faculty or staff. These consultants will not attend hearings. Basis of Decision Following the conclusion of General Judiciary hearing, the panel will meet in a closed session to determine, by majority vote, the disposition of the charges. In reaching its determination, the hearing panel will evaluate only information introduced during the hearing. The panel will not be informed of any prior General Judiciary history. The determination that a violation has occurred will be based on information sufficient to convince a majority of the panel that the violation occurred. Sanctions Sanctions will be imposed in accordance with the severity of the violation. All sanctions will be decided by majority vote. Any student found in violation of the Honor Code will be placed on Honor Code probation for the remainder of her education at Wellesley College. While on Honor Code probation, any additional violation of the Honor Code, or failure to adhere to the sanction(s) from the original hearing, will result in more severe disciplinary action, including the possibility of suspension, dismissal, or expulsion. Sanctions for academic Honor Code violations Sanctions for academic Honor Code violations will include, but will not be limited to, the following:
Sanctions for nonacademic violations Sanctions for nonacademic violations will include, but will not be limited to, the following:
Notification of Decision Normally, within two business days of the close of deliberations, the hearing panel will provide a written statement of its decision to the judicial coordinating team. The team will provide written notification of the decision to the charged student and the individual bringing the charge. Both parties will be informed of their rights to appeal based upon grounds stated in General Judiciary procedures. Failure to meet these time guidelines will not invalidate a decision or constitute grounds for an appeal. Appeals Grounds The student found responsible for violating the Honor Code or the individual bringing the charge will have the right to appeal on one or more of the following grounds:
Timing The deadline to file an appeal will be two weeks after each party has been notified of the outcome of General Judiciary hearing. Either party considering an appeal will be required to meet with the judicial case coordinator. Either party may listen to the hearing tape, in the presence of the clerk, in order to prepare her/his appeal. Process To formally file an appeal, the individual will submit to the judicial coordinating team a written statement enumerating the grounds, including any additional information. Once an appeal has been formally filed, it cannot be withdrawn. After reviewing the information, the judicial coordinating team will determine the disposition of the appeal. Normally, sanctions will be stayed pending the outcome of an appeal, except when interim restrictions have been imposed by the Dean of Students. Normally, appeals will be considered within two weeks from the date the appeal is filed. When the college is not in regular session, the judicial coordinating team will schedule dates for addressing appeals. The Judicial Review Board will consider the tape recording and papers used at the hearing, in addition to the new information submitted. No testimony will be heard. Upon consideration, the Judicial Review Board may deny the appeal, reduce the sanction, dismiss the case, or remand the case for a full rehearing by a new panel.15 If the appeal is denied, the original decision stands. The decision by the Judicial Review Board will be final, except when the sanction is suspension, dismissal, or expulsion. The student found in violation of the Honor Code and the individual bringing the charge will be given written notification of the Judicial Review Board’s decision. After an appeal to the Judicial Review Board, an Honor Code violation that resulted in a sanction of suspension, dismissal, or expulsion may be appealed to the President of the College by either the student found to be in violation or the individual bringing the charge. Both parties will be given written notification of the President’s decision. The President of the College will have final authority over all matters related to college policies on student life by virtue of her overall responsibility for Wellesley College as delegated by the Board of Trustees. Abuses of General Judiciary System Abuses of General Judiciary system may constitute a separate Honor Code violation. They include, but will not be limited to, the following:
Administrative Notification General Judiciary findings will be confidential except for the following: The student’s class dean will be informed by the judicial case coordinator of all charges and findings so that s/he can be available to advise the student on academics and help her remain connected to the community. The Advisor to International Students and Scholars will be notified by the judicial case coordinator if an international student receives an Honor Code violation charge or sanction that may affect her international status. When a sanction warrants, a college department, individual, or committee, including but not limited to a student life department director (if the sanction pertains to that particular student life area), and the registrar (when a grade change or transcript notation is sanctioned) will be notified by the judicial case coordinator of a sanction that they must assist in implementing. The chairs of the fellowship, internship, and the Health Professions Advisory Committee as well as the prelaw advisor will submit to the judicial case coordinator the names of applicants about whom Wellesley is required to disclose information regarding college disciplinary proceedings. The judicial case coordinator will identify applicants who were found responsible for a violation of the Honor Code and who received a sanction of an F in a course or greater. The judicial case coordinator will not disclose the specific sanction, but will disclose whether the violation was academic or non-academic. A designated officer of Phi Beta Kappa may submit to the judicial case coordinator the names of candidates for election. The judicial case coordinator will identify candidates who were charged with a violation of the Honor Code and who received a sanction that would make them ineligible to meet the Chapter’s national standards. The judicial case coordinator will disclose the specific sanction, in order to insure that the candidate has met the “good character” requirement of the organization’s constitution. The home institution of a student from another college participating in a Wellesley program will be notified by the judicial case coordinator if the student is found in violation of the Honor Code. The charged or sanctioned student will be given by the judicial case coordinator the names of all individuals, committees and/or departments that are notified of the Honor Code violation charge or sanctions. Transcript Notification Findings of suspension, dismissal, and expulsion will be noted on the student's transcript. Reports to the Community The outcomes of all General Judiciary hearings will be reported to the Student Senate, Academic Council, and Administrative Council annually. The confidentiality of the proceedings will be ensured and the identities of any parties associated with the hearings will not be revealed. Revisions to Judicial System Procedures In consultation with General Judiciary, the judicial coordinating team will review annually and revise the judicial system procedures as needed. Any changes will be effective at the beginning of the next academic year. Endnotes: 1 Any prior Honor Code violation must be addressed in the interview. 2 The College Government constitution Section 7.A and Section 7.C describes procedures for removing student members of General Judiciary. 3 The designee for the Dean of Students normally will be the associate Dean of Students or a Student Life department director. 4 The designee for the dean of the college normally will be an Associate Dean of the College. 5 In the event the judicial coordinating team is unable to come to consensus about the means of resolution, they will consult the Dean of Students. 6 Hearings may be scheduled in June, after finals. Students may live in campus housing as they await their hearings. Any remaining cases after June will be heard during the week before the start of the fall semester. Students may travel to attend a hearing in person or participate by phone. Funds will be available for students with demonstrated financial need who wish to attend a hearing in person and cannot afford travel expenses. 7 This sanction may affect an international scholar's immigration status. The student will be advised to consult the Director of Slater International Center, Advisor to International Students and Scholars. 8 Exceptions to this include Davis Scholars and emancipated minors. 9 This sanction may affect an international scholar's immigration status. The student will be advised to consult the Director of Slater International Center, Advisor to International Students and Scholars. 10 Exceptions to this include Davis Scholars and emancipated minors. 11 This sanction may affect an international scholar's immigration status. The student will be advised to consult the Director of Slater International Center, Advisor to International Students and Scholars. 12 Exceptions to this include Davis Scholars and emancipated minors. 13 Exceptions to this include Davis Scholars and emancipated minors. 14 Exceptions to this include Davis Scholars and emancipated minors. 15 Hearing panel members for a remanded case will have no prior knowledge of the case. The outcome of the hearing will be based only on information put forward in the new hearing. If a student is found in violation of the Honor Code, the sanction will be determined anew as well, and may be either lesser or more severe than the original sanction. Sources: Duke University, Dean of Students Office, Judicial Affairs. (2004, February 16). Retrieved May 12, 2004, from: http://deanofstudents.studentaffairs.duke.edu/judicial.html Duke University Honor Council. (n.d.). Retrieved May 12, 2004, from: http://www.duke.edu/web/honorcouncil/ McCabe, D., & Trevino, L.K. (2002, January-February). Honesty and Honor Codes. Retrieved May 10, 2004, from Academe Online Web site. Middlebury College handbook (2003-2004): Student conduct, policies, and procedures. Judicial boards and procedures. (2004). Retrieved May 12, 2004, from: http://www.middlebury.edu/handbook/student/Judicial+Boards+and+Procedures.htm Stanford University's Office of Judicial Affairs. (2004). Retrieved May 12, 2004, from: http://www.stanford.edu/dept/vpsa/judicialaffairs/about/welcome.htm Yale College undergraduate regulations. (2004). Retrieved May 12, 2004, from: http://www.yale.edu/ycpo/undregs/pages/indexpage.html Zernike, K. (2002, November 2). With cheating on the rise, more colleges are turning to honor codes. The New York Times, p. A10. Retrieved May 10, 2004, from LexisNexis database.
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