Student Policies and Procedures at Baylor University

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CONSTITUTION OF THE BAYLOR UNIVERSITY HONOR SYSTEM I. PREAMBLE: We, the student body and faculty of Baylor University, recognizing the need for an atmosphere of mutual respect and trust in any academic community, agree to conduct academic matters in a manner consistent with the Baylor University honor code. This constitution consists of an honor code and the framework for addressing alleged violations of the code. II. DEFINITIONS: As used in this constitution, the following terms have the indicated meanings:
	(A) Academic matter means an activity that may affect a grade or in any way contribute toward the satisfaction of the requirements for graduation without reference to the focus of such activity. Academic matters include, but are not limited to, the following activities:
		(1) An examination. (2) A research or other activity to be done outside the class. (3) Work that is in whole or partial satisfaction of requirements for the receipt of course credit for participation. (4) An activity for which course credit is given.
	(B) Baylor University means the College of Arts and Sciences, the Hankamer School of Business, the School of Education, the School of Engineering and Computer Science, the Graduate School, the School of Music, the Louise Herrington School of Nursing, and the George W. Truett Theological Seminary. (C) Dishonorable conduct means an act of academic dishonesty. The term dishonorable conduct includes, but is not limited to, the following acts:
		(1) Offering for course credit as one's own work, in whole or in part, the work of another. (2) Incorporating into one's work offered for course credit passages taken either word for word or in substance from a work of another, unless the student credits the original author and identifies the original author's work with quotation marks, footnotes, or another appropriate written explanation. (3) Offering for course credit one's own work, but work that one has previously offered for course credit in another course, unless one secures permission to do so prior to submission from the instructor in whose course the work is being offered. (4) Offering for course credit work prepared in collaboration with another, unless the student secures the instructor's permission in advance of submission. A student does not prepare work in collaboration with another if he or she merely discusses with another a matter relevant to the work in question. (5) Invading or attempting to invade the administrative security maintained for the preparation and storage of examinations. (6) Using, during an examination period, material not authorized by the instructor giving the examination. (7) Taking an examination for another student or knowingly permitting another person to take an examination for oneself. (8) Giving, receiving, or obtaining information pertaining to an examination during an examination period, unless such action is authorized by the instructor giving the examination. (9) Divulging the contents of an essay or objective examination designated by the instructor as an examination not to be removed from the examination room or discussed. (10) Taking, keeping, misplacing, tampering with, or damaging the property of Baylor University, a faculty member, or another student, if one knows or should reasonably know that one would, by such conduct, obtain an unfair academic advantage. This section is intended to include, but not be limited to, material in a university library. (11) Misrepresenting facts about one's self or another for the purpose of obtaining an advantage, either academic or financial, or for the purpose of injuring another student academically or financially, including providing false grades for resumes for placement use. (12) Failing to follow the instructions of a professor in completing an assignment or examination, if one knows or should reasonably know that one would, by such conduct, obtain an unfair academic advantage. (13) Taking, without first reporting such fact to the appropriate faculty member, an examination about which one has unauthorized information, even though such information was obtained unintentionally. (14) Witnessing conduct which one knows or should reasonably know is dishonorable and failing to report it as required by this constitution. (15) Communicating with a member of the Honor Council, other than the Chair, about an alleged violation of the honor code that has been brought to the Honor Council, but not heard. It is the intent of this paragraph to prevent ex parte communications with members of the Honor Council. (16) Altering or falsifying academic documents such as transcripts, change of schedule forms, closed class cards, doctors' excuses, grade reports, and other such documents.
III. HONOR CODE: Baylor University students and faculty shall act in academic matters with the utmost honesty and integrity. IV. HONOR CODE VIOLATIONS: A Baylor University student violates the honor code if the student engages in dishonorable conduct in connection with an academic matter. A student who violates the honor code is unworthy of the trust of the faculty. V. PROCEDURES FOR ADDRESSING HONOR CODE VIOLATIONS
	A. If a student is suspected of dishonorable conduct, any of these steps may be followed:
		(1) If a faculty member suspects that one of his or her students has engaged in dishonorable conduct, the faculty member may handle the matter directly with the student. If a faculty member attempts to handle a matter of alleged academic dishonesty directly with the accused student, but is unsuccessful, the faculty member may refer the matter to the Honor Council. The referral must be made within 14 school days (not calendar days) after it becomes apparent to the faculty member that it is not possible to resolve the matter directly with the student. (2) If a student is accused of dishonorable conduct, the student may request that the matter be referred to the Honor Council, in which case the faculty member shall do so. (3) A faculty member who suspects one of his or her students has engaged in dishonorable conduct may refer the matter directly to the Honor Council. If a faculty member refers a matter of alleged academic dishonesty directly to the Honor Council, he or she must do so within 14 schooldays of the date at which he or she first had knowledge of the violation.
	B. If a student witnesses another student engaged in dishonorable conduct, the witnessing student shall report the incident within one semester of its occurrence to either the faculty member in whose class the incident occurred or to the Chair of the Honor Council. The witnessing student is encouraged, but not required, to first report the incident to the faculty member in whose class the incident occurred. If the incident is reported to the Chair of the Honor Council, the Chair of the Honor Council shall immediately consult with the faculty member in whose class the incident occurred.
VI. THE HONOR COUNCIL
	A. Jurisdiction. The Honor Council has exclusive jurisdiction over all matters involving dishonorable conduct that are not resolved between the student and the faculty member in whose class the incident occurred. B. Composition. The Honor Council is composed of (1) nine student members, each of whom must have during his or her tenure on the Honor Council a current and cumulative grade point average of 2.25 or higher, and (2) eight faculty members selected as follows:
		(1) Student members.
			(a) Seven students elected annually by their respective classes during the Diadeloso student elections, except the first student members must be elected as soon as practicable after this constitution is adopted:
				1. One from the Graduate School or the Seminary 2. Two from the senior class 3. Two from the junior class 4. Two from the sophomore class
			(b) Two freshman students selected by the elected-student members of the Honor Council. (c) One nursing student elected by the students at the Louise Herrington School of Nursing in Dallas. The student members of the Honor Council shall elect from their number a student Chair and a student Vice Chair, both of whom must have at least junior class standing. Should a vacancy occur in the student membership of the Honor Council, the student members of the Honor Council shall select a student to fill the vacancy.

		(2) Faculty members.
			(a) An Honor Council Chair appointed from the faculty by the President of theUniversity to a three-year term. (b) An Honor Council Vice Chair appointed from the faculty by the President of the University to a three-year term. The Honor Council Chair and the Honor Council Vice Chair may not be from the faculty of the same school. (c) Six faculty members, one each appointed for a three-year term by the Deans of the schools not represented by either the Chair or the Vice Chair.
		The faculty members of the Honor Council must be selected from the faculties of the College of Arts and Sciences, the Hankamer School of Business, the School of Education, the School of Engineering and Computer Science, the School of Music, the Louise Herrington School of Nursing, Central Libraries and the George W. Truett Theological Seminary. The faculty members of the Honor Council shall elect from their number an Honor Council secretary.
VII. HEARING COMMITTEE OF THE HONOR COUNCIL
	A. Function. The Honor Council sits as a hearing committee that acts as an impartial referee between a student accused of violating the honor code and his or her grievant. The hearing committee shall weigh the evidence presented during the hearing and reach a decision as to whether or not the accused student has violated the honor code. B. Disqualification. A member of the Honor Council shall disqualify himself or herself if he or she feels that, in reaching a decision as to whether or not an accused student has violated the honor code, he or she cannot act on the weight of the evidence without bias or prejudice. If a student member of the Honor Council disqualifies himself or herself prior to a hearing, the student Chair may appoint a replacement selected from the class of the disqualified Honor Council member. If a faculty member of the Honor Council disqualifies himself or herself prior to a hearing, the Chair of the Honor Council may appoint a replacement selected from the faculty of the school of the disqualified Honor Council faculty member. The Honor Council may by two-thirds vote, disqualify one of its members from sitting on a hearing committee, if the best interests of the Honor Council and the University would be served best thereby. C. Quorum. A quorum for a hearing committee is two voting faculty and five student members of the Honor Council. A quorum is not affected by a member of the Honor Council disqualifying himself or herself after a hearing has begun. D. Procedure.

		(1) Notice to the accused and grievant. Within five school days after an alleged violation of the honor code has been referred to the Honor Council, the Honor Council shall notify in writing the grievant and the accused student of the basis of the alleged violation of the honor code, the date, time, and place the violation allegedly occurred, the nature of the evidence upon which the grievant will rely, and the date, time, and place at which a hearing committee will meet to determine if a violation has occurred. The notice must inform both the grievant and the accused of their responsibilities at the hearing. If examination comparisons, or similar evidence involving writing, will probably be relied upon in whole or in part to establish a violation, the accused student shall be given an opportunity to examine such evidence prior to the time of the hearing in accordance with applicable Honor Council by-laws, it being contemplated that ordinarily such writings shall remain in the possession and under the control of the Chair of the Honor Council and that the Chair shall make necessary arrangements to afford the accused sufficient access to such writings to permit preparation of an appropriate response to charges based in whole or in part upon such writings. (2) Hearing date. A hearing committee must meet to consider an alleged violation of the honor code within 14 school days after the alleged violation is referred to the Honor Council. (3) Who may attend. Only members of the Honor Council, the accused, the grievant, and witnesses, while the witnesses are giving testimony, may attend a hearing. Lawyers representing the accused or the grievant and character witnesses are specifically excluded. (4) The hearing. A hearing is relatively informal. The hearing committee is presided over by the Chair of the Honor Council, or in his or her absence, the Vice Chair. The Chair is in charge of the hearing and has broad discretion. The Chair shall exercise control over the conduct of all persons participating in the hearing and direct the initial questioning to the grievant and the accused and their witnesses. The Chair shall act as a hearing examiner by developing the facts and evidence necessary to enable the committee to make a decision as to whether or not the honor code has been violated. In so doing, the Chair may exclude irrelevant, immaterial, and unduly repetitious evidence. The Chair may, at his or her discretion, recess the hearing as often as necessary to ensure fairness to the grievant and accused. The grievant and the accused shall present to the hearing committee facts and circumstances that will enable the committee to determine whether or not the accused has violated the honor code. In presenting their positions, the grievant and the accused may ask others to present testimony or documentary evidence that supports their positions. In order to clarify issues, resolve inconsistencies or conflicts in testimony, or to ascertain facts, each member of the committee may ask questions of any person appearing before the hearing committee. (5) Evidence. The accused and the grievant may present to the hearing committee any evidence, oral or written, that, in the discretion of the Chair of the Honor Council, is pertinent to the alleged honor code violation or that might shed light on the facts and circumstances surrounding it. It is important for the grievant and the accused to offer all of their evidence at the time of the hearing. Testimony given during a hearing is tape recorded. Once the hearing is concluded and the tape recorder is turned off, the hearing committee may not consider additional evidence or testimony. A contention by a party appearing before the hearing committee that he or she could get a witness to testify, if necessary, is not helpful to the hearing committee. Witnesses and evidence need to be presented at the hearing if a party wants them to be considered by the hearing committee. It is essential that one bring to the hearing to testify in person a witness who has firsthand knowledge of the facts and circumstances surrounding the alleged honor code violation. When a witness cannot be present at the hearing, the grievant or the accused may present to the committee a signed, written statement from the absent witness. Because the absent witness cannot be questioned by the other party or the members of the hearing committee, this type of evidence is given less weight. (6) Questioning. In addition to members of the hearing committee, the grievant and the accused may question one another or the witness of either. (7) Failure to appear. If the grievant or the accused fails to appear before a hearing committee on the date and at the time and place specified in the notice, the hearing committee may take the testimony and evidence from the party that is present and reach a decision on the basis of that evidence. Failure to appear and offer evidence may leave the hearing committee little choice but to decide in favor of the party presenting the only evidence and testimony. If either party is unable to appear before the hearing committee on the date specified in the notice, he or she should notify the Chair of the Honor Council of the reasons that prevent his or her attendance as scheduled. If the Honor Council determines that good cause exists for not appearing at the hearing when scheduled, it shall set anew date for the hearing.
	E. Standard of proof. The hearing committee shall use the preponderance of the evidence standard of proof in determining whether or not the accused has violated the honor code. A preponderance of the evidence presented at a hearing means such evidence as, when considered and compared with that opposed to it, has more convincing force and produces in the minds of the members of the hearing committee belief that the alleged violation of the honor code more likely occurred than not. If a majority of the hearing committee votes that a preponderance of the evidence supports the allegation, the hearing committee shall render a decision that the accused has violated the honor code. If less than a majority of the hearing committee votes that a preponderance of the evidence supports the allegation, the hearing committee shall render a decision that the allegation was not substantiated. F. Decision of the hearing committee. After the hearing is concluded, the Chair shall excuse the accused and the grievant from the hearing committee meeting. The hearing committee shall then discuss the evidence presented during the hearing and reach a decision as to whether or not the accused has violated the honor code. The Chair shall then poll the members of the hearing committee by secret ballot on the question of whether or not a preponderance of the evidence supports the allegation that the accused violated the honor code. A voting member of the Honor Council who is not disqualified may not abstain from voting. The Chair may not vote except in case of a tie. If a majority of the hearing committee votes that a preponderance of the evidence supports the allegation, the hearing committee shall render a decision that the accused has violated the honor code. If less than a majority of the hearing committee votes that a preponderance of the evidence supports the allegation, the hearing committee shall render a decision that the allegation was not substantiated. The decision of the hearing committee as to whether or not the honor code has been violated is final, unless the President finds that there is substantial evidence that the decision of the hearing committee was arbitrary and capricious. If the hearing committee decides that the accused student has violated the honor code, it may, but is not required to, recommend to the Vice President for Student Life the sanctions it believes should be imposed against the student. G. Summary report. The secretary of the Honor Council shall prepare a typewritten summary of the hearing, including the decision of the hearing committee. The members of the hearing committee shall review this summary, make necessary changes, if any, and indicate their approval of it by signing it. H. Report of decision. The Chair of the Honor Council shall report the decision of the hearing committee to the grievant, the accused, and the Vice President for Student Life. If the decision of the hearing committee is that the honor code has been violated, the Chair of the Honor Council shall deliver to the Vice President for Student Life the record of the hearing, along with recommended sanctions, if any. I. Record of the hearing.
		(1) The tape recording of the hearing, the tangible evidence presented at the hearing, and the summary of the hearing prepared by the secretary of the Honor Council constitute the record of the hearing. (2) The Chair of the Honor Council shall destroy the record of the hearing in which the hearing committee decides the honor code has not been violated, after the time for an appeal of the decision to the President of the University has elapsed. (3) The Vice President for Student Life shall make the record of the hearing a part of the permanent disciplinary record of a student who is found by the hearing committee to have violated the honor code. In such a case, the record of the hearing and the sanction imposed against the student must be marked CONFIDENTIAL and may not be disclosed except as permitted by the provisions of the Family Rights and Privacy Act and its implementing regulations.
	J. Committee Rules. The Honor Council may adopt specific procedural rules for hearing committees, if such rules are not inconsistent with this document. These rules may provide for the recess of a hearing in order to allow the parties to obtain additional witnesses or evidence.
VIII.RESPONSIBILITIES OF THE VICE PRESIDENT FOR STUDENT LIFE

	The Vice President for Student Life shall impose an appropriate sanction against a student who has violated the honor code. The Vice President may consider the recommendation, if any, of the hearing committee. In determining an appropriate sanction, the Vice President may review the record of the hearing and the student's academic and disciplinary records. The Vice President may impose any reasonable sanction he or she deems appropriate, including suspension from the University.
IX. APPEAL OF DECISION
	A. If the grievant or the accused believes there is substantial evidence that the decision of the Honor Council was arbitrary and capricious, he or she may appeal the decision to the President of the University within ten school days of the date he or she receives notice of the decision of the Honor Council. B. The President shall review the record of the hearing and the evidence presented by the person appealing the decision. The President shall determine whether or not substantial evidence exists to support the allegation that the Honor Council acted in an arbitrary and capricious manner in reaching its decision. The President may consult with the University general counsel prior to reaching his or her decision. C. If the President finds substantial evidence exists that the decision of the Honor Council was arbitrary and capricious, he or she shall reverse the decision. Otherwise, the President shall affirm the decision of the Honor Council and refer the matter back to the Vice President for Student Life for the imposition of a sanction.
X. APPEAL OF IMPOSITION OF SANCTIONS
	A student against whom sanctions have been imposed for violating the honor code, may, if he or she feels that the sanctions are inappropriate, ask the Vice President for Student Life to modify or suspend the sanctions, and the Vice President shall consider the request. If the student is dissatisfied with the response of the Vice President, he or she may ask the President to consider the request. In such a situation, the President shall review the record of the hearing, and confer with the Vice President for Student Life, and, based upon this review, decide to:

	A. Let the sanction stand. B. Modify the sanction or impose a different sanction. C. Suspend the sanction. The decision of the President as to the appropriateness of the sanction is final.
XI. PROCEEDINGS OF HONOR COUNCIL CONFIDENTIAL
	A. The proceedings of the Honor Council are confidential and are subject to the provisions of the Family Rights and Privacy Act and its implementing regulations. A member of the Honor Council who violates this rule of confidentiality may be expelled from the Honor Council by majority vote of the other members of the Honor Council. B. The Honor Council may direct the secretary to report to The Baylor Lariat the decision of a hearing committee that the honor code has been violated and the nature of the violation but may not reveal the name of the student found guilty of violating the code.
XII. OTHER DUTIES OF THE HONOR COUNCIL
	A. The student members of the Honor Council shall develop and carry out procedures for familiarizing the members of the Baylor University student body with the honor code, dishonorable conduct, and hearing committee procedures. They shall also develop procedures to seek input from students and faculty for ways to improve the honor system. B. The student members of the Honor Council shall develop by-laws for the Honor Council, which must be approved by a majority of the faculty members of the Honor Council. C. The President may assign additional duties to the student members of the Honor Council from time to time.
XIII.AMENDMENT
	This constitution of the Baylor University Honor System may be amended by three-fourths vote of the members of the Honor Council and with the consent of the President.

ADVICE TO STUDENTS ACCUSED
OF VIOLATING THE HONOR CODE

Once you have received a notice of hearing, you should take the following steps:
1. Determine the issues that will be covered at the hearing. This can usually be done from the notice of hearing but if there is any question, contact the Chair of the Honor Council or one of the Deans in the Division of Student Life. The Chair of the Honor Council may give information relating to the procedure followed by a hearing committee but is prohibited from discussing the merits of an incident in which the honor code was allegedly violated.

2. Assemble and organize all documents and witnesses you may wish to present at the hearing. Make sure that any witnesses you contact have firsthand knowledge of the facts in the case.

3. Make notes of any major points you wish to make to the hearing committee so that they are not forgotten during the course of the hearing.

4. Present your testimony at the hearing and your evidence in a calm and organized manner.

5. Take notes during the hearing so that you can name the specific points of your disagreement with the testimony presented against you at the hearing.

6. An unfavorable decision does not necessarily mean that the hearing committee disbelieved one's testimony or evidence, although the credibility of a witness is one consideration. One simply may not have presented enough testimony or evidence, or the testimony or evidence which one did present may not have been as convincing as that presented by the other party.