Student Handbook

Judicial System

Suspected Violations of the Honor Code of Responsibility

Cases involving both undergraduate and graduate students are heard by the Honor Board. Members of the community who violate the Honor Code of Responsibility are obliged to report themselves immediately to the Chairperson or Secretary of the Honor Board. In the case of a Residence Campus violation, members should report themselves to the advisor to the Judicial Board or the appropriate Residence Life staff member. A student who observes another student violating the Honor Code of
Responsibility is encouraged to inform her/him of the alleged violation and urge her/him to report herself/himself to the Chairperson or Secretary of the Honor Board, advisor to the Residence Campus Judicial Board, or an appropriate member of the College. The observing student is also asked to report the case to the appropriate board.

Faculty and administrators who observe or suspect a student of violating the Honor Code of Responsibility are encouraged to first discuss the matter with the student and then to report the incident to the Chairperson or Secretary of the Honor Board. Mutual responsibility is a very important strength of the Honor System, and abiding by the system is each person's inherent responsibility to the community as a whole. This is a difficult obligation; however, without it, the integrity of the Honor System cannot be maintained.

Should a member of the faculty or the administration be suspected of violating the Honor Code of Responsibility, she/he should be so informed by the person or persons observing the violation and urged to report herself/himself to the chairperson of the Honor Board. The observing party is asked to report the case to the Chairperson or Secretary of the Honor Board, as well. The Office of Human Resources and/or the appropriate school Dean or Department Head may become involved in these matters.

Honor Board

The Honor Board is the judicial board of Simmons College. It consists of faculty members elected from all professional ranks from the faculties of all of the schools for staggered three-year terms; students selected through processes appropriate to each unit; and the Dean for Student Life, or her designee ex officio, nonvoting, who serves as the secretary.

Responsibilities of the Honor Board are as follows:

To educate the members of the Simmons College community about the Honor System and their individual responsibilities within this system. To this end, the chairperson and/or secretary shall meet with all new students and faculty members each semester to discuss the Honor Code of Responsibility and the function of the Honor Board.

To annually review and evaluate the Honor System and its implications and procedures, and to report its conclusions and recommendations to the faculty councils, the Faculty Senate and to student government.

To investigate and hear cases of violations of the Honor Code of Responsibility, and to assess penalties for those violations.

The Honor Board shall make decisions in the name of the community regarding the disposition of cases of students who fail to meet academic and social standards as prescribed by the Honor System, or for those whose conduct otherwise disrupts the functioning of the College as an open community. Academic offenses in this category include behavior such as harassment, violence, theft, and unauthorized use of College property or that which is housed on College premises. The Honor Board has delegated to the Judicial Board and the Social Activities Review Board the authority to review cases within their jurisdiction. (Specific guidelines for the boards' operations may be obtained from the appropriate offices and student organizations.) If necessary, the Honor Board will determine the appropriate judicial body to review a particular case.

Student enrollment at the College carries with it the expectation that students will abide by the Honor Code of Responsibility and accept the standards of conduct and scholarship established by the faculty, students, and administration. The College reserves the right to require the withdrawal of any student who does not maintain acceptable academic standing or modes of behavior as outlined in the Student Handbook and other official College publications. The Honor Board, acting in its judicial function, may exclude a student from the College without a faculty vote in consultation with the President of the College

Procedures

The Honor Board hears cases of academic and social violations of the Honor System referred to it by members of the Simmons community. Such violations are reported to the Chairperson or Secretary of the Honor Board. A student is presumed innocent until proven guilty.

The Secretary makes an investigation of the situation in order to determine the validity of the charge. Having done this, the Secretary informs the accused of the charges and of the evidence gathered, and then arranges a meeting of the Honor Board.

The secretary of the Honor Board notifies all persons involved in the situation of the time and place of the meeting and of the nature of the case being reviewed.

A quorum of five Honor Board members (three faculty and two students) must be present for the hearing of all cases unless other arrangements are agreed upon by the plaintiff and defendant.

The case is presented by the chairperson of the Honor Board, and the confidentiality of the proceedings is explained.

Evidence is presented, and witnesses to the event are heard by everyone concerned with the case. The accused student shall be given the right to examine evidence and to cross-examine witnesses. A friend or advisor from within the Simmons community may be present with prior permission from the chair or secretary of the Honor Board. This person must be present in a supportive or advisory role only and may not make any statement or presentation on behalf of the party.

Guilt or innocence is determined by the preponderance of evidence.

After hearing the case, the Honor Board excuses the witnesses and considers the evidence presented. The secretary of the Honor Board makes arrangements for the communication of the outcome to the involved parties.

The penalty for those students found guilty will be decided by the Honor Board.

The secretary of the Honor Board is responsible for sending notification of the decision and the penalty, within five business days of the hearing, to the following persons:

a. the student
b. the person making the original charge
c. in certain cases, the student's parents or guardian (in writing and only if the student is a dependent and is found guilty. In the case of extenuating circumstances, the student may appeal to the secretary of the Honor Board for a waiver of parental notification.)
d. the registrar, as secretary of the faculty (probation or exclusion penalties are recorded on the student's transcript for the duration of the probation period.

After its decision is rendered, the Board may use its discretion to reconsider its decision upon discovery of new information that may not have been available at the time of the hearing.

The student may appeal the Honor Board's decision through a written request for a hearing by notifying the secretary within seven business days of the original hearing.

The Honor Board is responsible for reviewing a student's case at the conclusion of a student's probationary period and for removing that sanction if so determined by a vote of the Honor Board members.

At the end of each semester, the Secretary shall report to the faculty and to student government the number of cases brought before the Honor Board.

The Residence Campus Judicial Board

The Residence Campus Judicial Board is composed of a student representative from each undergraduate residence hall and two non-voting advisors from the Office of Residence Life. The Judicial Board is the Residence Campus operational branch of the Honor Board, which holds the Honor Code of Responsibility as its guiding philosophy. It is based upon the principles of integrity, responsibility, and trust. The Honor System, and thus the board, is educational in nature. Its purpose is not to punish students. Rather, its goal is to help students realize that certain behaviors are unacceptable in a college community. In addition, it is the goal of the board to further the personal development of each student by trying to instill a stronger sense of moral integrity.

Violations of policies such as drug, harassment, or other violations that endanger self or others, may be referred to the Judicial Board immediately upon a first offense. Violations of alcohol, safety, noise, or escort policy, or unauthorized entry to the Residence Campus may be referred to the residence director for an agreement for behavioral change. Any discrepancies in documentation of community violations may be referred to the Judicial Board by the residence director. A behavioral change agreement documents the policy violation, signifies the resident's agreement that she/he is in full understanding of the policy, and signifies her/his agreement not to violate the policy in the future. Any subsequent violations of community standards may be referred to the Judicial Board immediately.

Furnishing false information to the College with the intent to deceive, or for the purposes of misrepresentation; representing improperly, not by error, the identity of another; or tampering, forging, or falsifying information on any College record or document are violations of the Simmons College Honor Code of Responsibility. Violations may be referred to the appropriate College judicial board. Under the Honor Code of Responsibility, community members are responsible for reporting campus policy violations to the appropriate College official.

Graduate Student Judicial Process

Violations of Residence Campus policy by graduate students are heard by a board composed of two staff members from the Office of Residence Life and one graduate student representative. Hearings are scheduled as needed. If a student feels that her/his due process rights were not observed or if new information becomes available related to her/his case, administrative decisions may be appealed. All appeals must be made to the director of residence life within seven days.

Sanctions

Disciplinary sanctions are imposed based upon a review of the circumstances of each case. The following list of sanctions, in ascending order of severity, is meant to be illustrative rather than exhaustive. Since our Honor Code is educational in nature, the College reserves the right to create other sanctions or to join sanctions as it deems appropriate.

Agreement for Behavioral Change: This sanction indicates that the student's actions were inappropriate and in violation of campus policy and community standards. Failure on the part of the student to alter an inappropriate behavioral pattern is cause for referral to the residence director/Judicial Board. (Examples would be first-time escort violations, unauthorized entry to the Residence Campus, etc.) These documents will remain on file for one academic year.

Residence Campus Warning: This is a written warning informing the student that her/his actions are inappropriate and in violation of the College regulations and standards.

Residence Campus Probation: This is a more stringent written warning indicating that subsequent infractions may result in a referral to the Office of the Dean for Student Life. Probation is given for a specified period of time, and may include specific restrictions on the student.

Residence Hall Sanction: Residence hall sanctions include a temporary or permanent loss of privileges or housing assignment. Options under this sanction include, but are not limited to: restrictions within the residence halls, a move from one hall to another, a move from one floor to another, a move from one room to another, loss of single room privileges, or being suspended from residing in the residence halls on either a temporary or permanent basis.

Restitution: Restitution is reimbursement or other direct payment for injury, loss, or damage to College property, or property of any person resulting from violation of the code of conduct.

Suspension from the College: Suspension is a temporary separation from the College. All student privileges are denied including the opportunity to attend class, social events, other functions, or visit College grounds or buildings (unless by permission) for a specified or indefinite period of time. Suspension shall be effective on the date indicated on the notice of suspension. The student may request re-admission to the College at any time after the terms of the notice of suspension have expired. Upon re-admittance to the College, the suspended student will automatically be on disciplinary probation for the semester immediately following return. Other conditions of re-admittance may include but are not limited to, residence separation and restricted use of College facilities. This information is maintained in the student's disciplinary file for the duration of her/his enrollment at the College.

Exclusion from the College: Exclusion is a permanent separation from the College. All student privileges are denied including the opportunity to attend class, social events, other functions, or visit College grounds or buildings (unless by permission) for a specified or indefinite period of time. Exclusion shall be effective on the date indicated in the notice of exclusion. This information is a permanent part of a student's disciplinary and educational record (transcript).

Parental Notification: In a case where a student's status as a resident is in serious jeopardy (i.e., Residence Campus Judicial Board), parent(s) will be notified. Parent(s) will not be notified if a student can prove financial independence from her/his parents.

Other Notification: Sanction letters are copied to the residence director, dean for student life, and the secretary of the Honor Board. Repeated violations of the alcohol policy may result in referral to the Honor Board and probation or expulsion from the College with the sanction letter copied to the student's parents or guardians (if she/he is a dependent).

Due Process

Disciplinary procedures exist to ensure the rights of due process and a fair hearing. Minor incidents occurring on the Residence Campus or within the residence halls that lead to a violation of rules and regulations will result in a meeting with a residence hall staff member. At this meeting, an Agreement of Behavioral Change will be reviewed and signed by the student. Incidents that are referred to the Residence Campus Judicial Board will be reviewed by the Judicial Board Advisor(s). In any judicial hearing, the student(s) appearing before the Judicial Board must be granted certain due process rights. They are as follows:

Students accused of violations of the Honor Code of Responsibility will receive a written notice, indicating the date, time, and place of the hearing. Sufficient notice is defined as at least five calendar days, excluding vacation days. The notice will indicate the charges that will be reviewed and other pertinent information about the hearing. An extension may be requested in writing to the Judicial Board advisor within two days of receipt of the letter. If an accused student does not appear at a scheduled hearing, the hearing may proceed, resulting in the board making a decision based on the information presented.

Students must be given the opportunity to read the written report(s) stating the circumstances and allegations of the case. Students should be informed of this opportunity to read the report in the written notice that establishes the time and place of the hearing.

A quorum must be present for all judicial hearings. Quorum for the Judicial Board shall be determined as follows:

a. four student members, including one chairperson and one secretary
b. one residence director acting in capacity as advisor
c. one director of residence life (or her designee) acting in capacity as advisor

Students have the right to have one person of their choice present at the hearing. This person, however, may serve in an advisory capacity to the student and may not participate in the proceedings.

Students also have the right to proceed without an advisor if they wish.

Students have the right to object to a board member hearing the case if their reasons are valid (i.e., member is biased, close friend, hostile toward the alleged violator). The validity of the objection shall be determined by the Judicial Board chairperson and advisor(s).

Students have the right to remain silent. The choice to remain silent will not be taken as an admission of guilt.

Students are allowed to hear all testimony presented against them. At the discretion of a Judicial Board advisor, witnesses may be excluded from the hearing during the testimony of other witnesses. However, any person may be excluded from the hearing in the event that she/he disrupts the proceedings.

Students have the right to present information on their own behalf. The information may be presented in the form of oral and/or written testimony. The number of witnesses called will be determined by the board, only when needed to limit an unnecessary prolonging of the hearing.

Students will receive written notification of the results of any hearing no later that five business days after the hearing. The notification will indicate the findings, and explanation of the sanction(s), if any. The Judicial Board advisor will prepare this notification in a timely manner, not to exceed five business days after the hearing.

Students will be informed of their right to request an appeal as well as grounds for appeal.

The Judicial Board will handle each case as expediently as possible.

If any of the above conditions are not met, the action or recommendation of the board is nullified and the student is entitled to a rehearing, unless the student(s) signs a waiver to the exception(s) taken.