Undergraduate Honor System Annual Report 2016 Frank Jiang Undergraduate Student Attorney General ’17.

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Presentation transcript:

Undergraduate Honor System Annual Report 2016 Frank Jiang Undergraduate Student Attorney General ’17

Introduction This report contains aggregated data regarding cases adjudicated by the Undergraduate Honor System during the administration. 1 These data are accurate through June 6, For questions or information requests, please contact Frank Jiang at 1 These data only include cases for which the report was received between April 1, 2015 to March 31, 2016.

Honor System Leadership The following individuals served as Honor System leadership during the academic year: Ina Kosova Student Attorney General Will Almquist Honor Court Chair Joshua Green Outreach Coordinator

Reports The Honor System received 240 reports of student misconduct: 125 Academic 115 Conduct Of these reports, 37 were not charged 1 : 16 Academic 21 Conduct 1 According to the Instrument of Student Judicial Governance, the Attorney General reviews each report to determine if a reasonable basis that a violation occurred exists, and if there is a University interest in pursuing the matter. If the determination for either of those criteria is negative, the student is not charged.

Charged Cases Of the 203 cases that were charged: 33 cases are active 1 13 Academic, 20 Conduct 2 cases were dropped 2 1 Academic, 1 Conduct 168 cases were adjudicated 95 Academic, 73 Conduct 1 Cases in which a hearing has already occurred may still be active if the student has not yet finalized his/her Honor System process. For example, this includes students considering pursuing an appeal, and students who have not yet held their mandatory post-hearing meeting with the Office of Student Conduct. 2 Occasionally, charges against a student may be dropped during the Honor System process. This is usually the result of additional evidence or procedural issues (e.g. the reporting party no longer wants to testify).

Common Charges 1 There are 290 charges listed for the 203 cases. This is because cases will occasionally include multiple charges; this occurs if the case involved multiple incidents (each incident receives an independent charge) or because one incident had multiple applicable charges. For the full text of each charge, please refer to the Instrument of Student Judicial Governance.

Hearing Types Of the 168 adjudicated cases 1 : Hearing Type# of Cases Not Guilty33 Full Guilty1 Expedited Hearing Process27 Honor Court Alternative Resolution50 Student Instructor Alternative Resolution51 Appellate Review Board1 University Hearings Board4 Chancellor’s Appeal1 Total168 1 This list only counts the final hearing type of the student. For example, if a student had an original Not Guilty hearing but then had a UHB appeal, the hearing type listed will solely fall under UHB Appeal. For descriptions of each hearing type, please refer to the Appendix.

Appendices Explanations of Hearing Types Not Guilty (NG) Full Guilty (FG) and Expedited Hearing Process (EHP) Honor Court Alternative Resolution (HCAR) Student Instructor Alternative Resolution (SIAR) Appellate Review Board (ARB), University Hearings Board (UHB), and Chancellor’s Appeals

Not Guilty A Not Guilty (NG) hearing is held when the accused student pleads “Not Guilty” to the charge(s) and wishes to contest the evidence against him/her. Both the reporting party and the student have the opportunity to present relevant evidence and testimony. The Court, which consists of five members, then goes into closed deliberation and issues a judgment of Guilty or Not Guilty for the charge(s) based on majority voting. 1 If the accused student is found Guilty of one or more violations, the hearing will proceed into sanctioning. If the accused student is found Not Guilty of the charge(s), the hearing is over. 1 The Not Guilty panel typically consists of five student members. For Academic Not Guilty cases, however, the panel consists of four student members and one faculty member. For more information on NG hearings, please see pp

Full Guilty and Expedited Hearing Process For Full Guilty hearings (FG) and Expedited Hearing Processes (EHP), the student must plead “Guilty” to the charge(s). The primary difference between the two hearing types is that, in FG hearings, the accused student is typically contesting a specific portion of the evidence that does not dispute the broader charge (e.g. pleading Guilty to stealing, but contesting the amount stolen). In EHPs, the student generally accepts all of the evidence. 1 FG hearings typically follow a very similar structure to that of NG hearings. The Honor Court panel is composed of five members, and both the reporting party and the student have the opportunity to present relevant evidence and testimony for the disputed portion of the narrative. Afterward, the hearing moves into the sanctioning phase. This hearing format is more thorough than an EHP due to the contestation of the facts. EHP panels are composed of only three Honor Court members. In this hearing format, the reporting party does not need to attend; the narrative of the incident can be delivered by the counsels and the student. Once this presentation is complete, the hearing moves directly into the sanctioning phase. 1 Students always have the right to choose the FG hearing, though almost all students who are not contesting the facts opt for the EHP instead. For more information on FGs and EHPs, please see pp

Honor Court Alternative Resolution An Honor Court Alternative Resolution (HCAR) must be granted by the Student Attorney General. Cases are typically granted if they are Conduct violations that do not involve any victims (e.g. possession of marijuana). Also, the student must plead Guilty to the charge(s). HCARs are not formal hearings. The Honor Court panel in this hearing type consists of two members—the Honor Court Chair and a Vice Chair. Neither the reporting party nor the investigative counsel are present, though the investigative counsel is required to submit a statement. During this resolution, the Chair and Vice Chair discuss the incident with the student and propose a sanction. The accused student has the choice to accept or reject this sanction; if he/she accepts, the case is complete. If he/she rejects, the accused student moves into a new EHP hearing, from which a binding sanction is imposed. For more information on HCARs, please see p. 41 of the Instrument.

Student-Instructor Alternative Resolution A Student-Instructor Alternative Resolution (SIAR) is a hearing format for alleged academic violations in which the accused student and the reporting instructor meet to discuss the incident in question and an appropriate sanction. SIARs can only be held if the student has no previous academic violations, and both the instructor and the student voluntarily agree to the meeting. For the resolution to be finalized, the student must accept responsibility for the violation, the student and the instructor must agree upon a sanction, and the Honor Court Chair and Office of Student Conduct must approve of the sanction (i.e. the sanction must not be substantially disproportionate from sanctions for similar offenses). If any of these conditions are unmet, the student moves into a standard Honor Court hearing. For more information on SIARs, please see pp of the Instrument.

ARB, UHB, and Chancellor’s Appeal All students have the right to appeal an Honor Court decision. In order to appeal, the accused student must submit a petition to the Office of Student Conduct. There are three grounds for an appeal: Insufficiency of Evidence, Severity of Sanction, and Violation of Basic Rights. The Office of Student Conduct will review this appeals petition. If the petition is rejected, the student has the option to have the petition reviewed by a three- member Appellate Review Board (ARB). If the ARB dismisses the petition, the appeals process is over. If the petition is granted by the Office of Student Conduct or the ARB, the student has an appellate hearing before a University Hearings Board (UHB), a panel composed of an administrator, two faculty members, and two students. The UHB reviews the original decision by the Honor Court. The student may petition the UHB’s decision for further review by the Chancellor. This can be done on two grounds: denial of basic fundamental procedural rights or severity of sanction (only in the case of permanent suspension or expulsion). If this petition is granted, a Chancellor’s Appeal hearing is held. For more information on appeals, please see pp of the Instrument.