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General Judiciary Constitution
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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 TeamThe 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.1 Filing an Honor Code Violation ChargeAll 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: 1. log on to FirstClass; A pop up window will then provide information on completing the report form. Normally, the Judicial Coordinating Team will act on the alleged violation if provided with sufficient information to indicate that an Honor Code violation may have occurred.
JurisdictionThe 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 ChargeNormally, the Judicial Case Coordinator 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. ConfidentialityOnce 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 or a faculty-student resolution, 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 ChargeThe charged student will have the right to various forms of support. The charged student will be contacted by a student ombudsperson who will assist her as necessary in addressing the charge. The charged student is required to meet with the ombudswoman at least once before the hearing. In addition, the charged student may select as an advisor one of the college's identified judicial advisors or any member of the college community. The individual bringing the charge will have the right to support as well. Students and faculty bringing the charge will be contacted by an appropriate ombudsperson and are strongly encouraged to meet with her/him before the hearing. Interim RestrictionsFrom 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 go on leave or 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 StudentCharged 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 ChargesNormally, the Judicial Coordinating Team will refer cases for resolution through either the Faculty-Student Resolution process or 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. Faculty-Student Resolution ProcessAn option for resolving cases of plagiarism is reserved for first-time, minor infractions of the Honor Code by Wellesley students. The faculty member bringing the charge must first contact the Judicial Case Coordinator to discuss the appropriateness of this option with respect to the nature of the offense. The Judicial Case Coordinator will consider a faculty-student resolution appropriate if
If any of these three conditions is not met, the Judicial Case Coordinator will inform the faculty member that the case must be forwarded to a hearing panel if the charge is to be pursued. The Judicial Case Coordinator will not specify the reason for this determination. The faculty member may withdraw the charge at any time before a hearing is held. If it is determined that pursuing a faculty-student resolution is appropriate, the faculty member shall meet with the student and present any information relevant to the case. The student shall have an opportunity to respond to the allegations. If, after discussion, the student accepts responsibility for committing plagiarism, the faculty member should complete a Faculty-Student Resolution Report, including the proposed resolution, and give this Report to the student.
The faculty-student resolution process may result in a reduced grade on the assignment, a reduced grade in the course, additional assignments, and/or other educational initiatives. Guidelines for considering possible resolutions to the kinds of cases that may be considered through this process are outlined below as an aide to students and faculty members engaged in this process. All faculty-student resolutions of charges of violations of the Honor Code will include placing the student on Honor Code probation.
Upon receiving the proposed resolution, the student normally has five business days to consider and seek advice on whether to admit responsibility and accept the resolution. If the student does not accept the proposed resolution, the faculty member should refer the case back to the Judicial Case Coordinator for assignment to a hearing panel. If the student accepts the proposed resolution, the student should sign the Resolution Report and return it to the faculty member. The faculty member should then forward a copy of the Report to the Judicial Coordinating Team via the Dean of Students Office (344 Green Hall) for final approval by General Judiciary. The Report will be reviewed by a panel including one faculty member of General Judiciary, one student member of General Judiciary, and the Dean of Students (or his/her designee). A review panel will be drawn each semester from the General Judiciary Committee and will review all Reports coming forward in that semester. The panel will review the proposed resolution for consistency with the outcomes of similar cases considered by hearing panels. Normally the panel will review a proposed resolution within three business days of its receipt in the Dean of Students Office. The panel will normally communicate its decision to the student and the faculty member within one business day of its review. Sanctions will be effective upon the approval of the panel. If the panel does not approve a proposed resolution, the case should be referred back to the Judicial Case Coordinator, who will inform the faculty member that the case must be forwarded to a hearing panel if the charge is to be pursued. Faculty and students should be careful to preserve all relevant materials until the final outcome of a case has been determined. General Judiciary Hearing ProcessNotification of Hearing/Submission of Case-Related MaterialsIn 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. 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 students, the individual bringing the charge and General Judiciary hearing panel members at least two business days 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 PartiesBoth 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 PanelsA 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 or her designee. 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. Substitutes for the student and faculty Judicial Review Board members 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 ProceduresFormal 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. The Judicial Coordinating Team has final authority over who can attend all hearings. Timing Normally, all cases must be resolved prior to the beginning of the next academic year.2 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 audio-recorded. Either the student found in violation of the Honor Code or the individual bringing the charge may listen to the recording in the presence of the clerk when considering an appeal. The recording will also be available for consideration by the Judicial Review Board and the President. Recordings 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. WitnessesThe 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. Parties have the right to question witnesses at the hearing. However, parties are prohibited from questioning each other; the Chief Justice will ensure that parties have the opportunity to raise all questions and issues pertinent to the charge. 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 ExpertiseIf 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 unless this is determined to be necessary by the Judicial Coordinating Team. Basis of DecisionFollowing 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. SanctionsSanctions 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 that may be imposed by a hearing panel for academic Honor Code violations will include, but will not be limited to, the following:
Sanctions for Nonacademic Honor Code Violations Sanctions for nonacademic violations will include, but will not be limited to, the following:
Notification of DecisionNormally, 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. AppealsGrounds 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 recording, 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. The Judicial Coordinating Team will forward the appellant’s materials along with all written materials and the recording from the initial hearing to the Judicial Review Board within two week from the date the appeal is filed. The Judicial Coordinating Team may also submit materials related to the procedures followed before and during the initial hearing, if it deems such information relevant. The appellant will have the right to review and respond to such materials. 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 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.11 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 SystemAbuses of General Judiciary system may constitute a separate Honor Code violation. They include, but will not be limited to, the following:
Administrative NotificationGeneral Judiciary findings will be confidential except for the following: The student’s class dean will be informed by the Judicial Case Coordinator of the nature 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 immigration 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 pre-law 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. Transcript NotificationFindings of suspension, dismissal, and expulsion will be noted on the student's transcript. Reports to the CommunityThe 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 ProceduresIn 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 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. 2 Hearings may be scheduled in June, after finals. Students may live in campus housing as they await their hearings. To the extent possible, 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. 3 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. 4 Exceptions to this include Davis Scholars and emancipated minors. 5 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. 6 Exceptions to this include Davis Scholars and emancipated minors. 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 Exceptions to this include Davis Scholars and emancipated minors. 10 Exceptions to this include Davis Scholars and emancipated minors. 11 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.
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