1. Students’ Commitment. Ideals of academic honesty, personal integrity, and responsible citizenship are essential to the performance of all academic work and all other activities of students while members of the University community. These ideals are embodied in the Honor Code set forth in this Instrument, with the support of students, faculty, and staff. Application by a student for admission and subsequent enrollment in the University presupposes a commitment to the principles embodied in the Honor Code. Such action also represents consent to be bound by its terms at any time between a student’s application for enrollment and the granting of his degree or other termination of enrollment, including the period between academic semesters.

2. University Interests. In keeping with its nature and purpose, the University endeavors to instill in each student a love of learning, a commitment to fair and honorable conduct, and respect for the safety and welfare of others. It also strives to protect the community from those who, for whatever reason, do not embody these values in their conduct, and to protect the integrity of the University and its property for the benefit of all.

3. Educational and Other Activities. The activities of students as well as other members of the University community outside the classroom influence the educational process and learning environment, just as the intellectual atmosphere of the campus contributes to students’ growth and development. Many forms of nonacademic conduct, as well as all facets of the academic process, are therefore areas of proper concern and regulation by the University community.

4. Responsible Exercise of Freedom. The guiding principle of University regulation of conduct should be that of the responsible exercise of freedom. Members of the University community should be accorded the greatest possible degree of self-determination correlative with the acceptance of the full responsibility for their conduct and the consequences of their actions.

5. Chancellor’s Responsibilities. The Chancellor remains solely responsible for all matters of student discipline, in accordance with the expectations of the Board of Governors of the University of North Carolina. Nevertheless, the Chancellor has traditionally shared the responsibility of setting basic policy concerning student conduct and applying overarching requirements in individual cases with students and the faculty in order to achieve the University’s underlying goals.

6. University and Broader Community. The University has a special interest in assuring that students refrain from academic misconduct, respect the safety and welfare of members of the University community, and protect its institutional integrity and resources. The standards for student conduct and the means of enforcement set forth in this Instrument are adopted in furtherance of University interests and serve to supplement, rather than substitute for the enforcement of the civil and criminal law applicable at large. Therefore it is not double jeopardy for the University to sanction conduct that is also sanctioned under local, state or federal law.

1. Responsibilities of Students and Faculty. In order to ensure effective functioning of an honor system worthy of respect in this institution, specific responsibilities of students are set forth in this Instrument and elaborated upon in Appendix A. Responsibilities of faculty members are articulated by the Faculty Council and embodied in Appendix B. These responsibilities are the minimum expected of members of the student body and the faculty. They are not mutually exclusive, and the failure of a student or a faculty member to live up to the stated expectations does not lessen or excuse any failure of the other to comply with relevant requirements.

2. Location of Conduct and Reservation of Discretion. Conduct by students on University premises or the premises of groups affiliated with the University, as well as conduct that occurs elsewhere, may give rise to offenses prohibited by this Instrument if University interests are implicated. Determinations of whether such conduct should be addressed pursuant to this Instrument in instances in which University interests are implicated is reserved to the discretion of the Student Attorney General and campus authorities with associated responsibilities.

3. Action Outside of the Instrument. This Instrument is intended to govern the means for imposing disciplinary sanctions on any student for conduct covered under its terms, except to the extent other forms of redress or action are recognized herein. Such forms of redress include civil and criminal law as previously referenced; authority reserved to the Chancellor pursuant to policies established by the Board of Governors or Board of Trustees; and authority assigned by the Chancellor to particular administrative units (such as the Department of Transportation and Parking Services, Department of Housing and Residential Education or the University Cashier) or other appropriate authorities responsible for addressing emergency situations involving danger to members of the University community or other extraordinary circumstances.

It shall be the responsibility of every student at the University of North Carolina at Chapel Hill to:

1. Obey and support the enforcement of the Honor Code;

2. Refrain from lying, cheating, or stealing;

3. Conduct themselves so as not to impair significantly the welfare or the educational opportunities of others in the University community; and

4. Refrain from conduct that impairs or may impair the capacity of University and associated personnel to perform their duties, manage resources, protect the safety and welfare of members of the University community, and maintain the integrity of the University.

1. Plagiarism in the form of deliberate or reckless representation of another’s words, thoughts, or ideas as one’s own without attribution in connection with submission of academic work, whether graded or otherwise.

2. Falsification, fabrication, or misrepresentation of data, other information, or citations in connection with an academic assignment, whether graded or otherwise.

3. Unauthorized assistance or unauthorized collaboration in connection with academic work, whether graded or otherwise.

4. Cheating on examinations or other academic assignments, whether graded or otherwise, including but not limited to the following:

a. Using unauthorized materials and methods (notes, books, electronic information, telephonic or other forms of electronic communication, or other sources or methods), or
b. Representing another’s work as one’s own.

5. Violating procedures pertaining to the academic process, including but not limited to the following:

a. Violating or subverting requirements governing administration of examinations or other academic assignments;
b. Compromising the security of examinations or academic assignments; or
c. Engaging in other actions that compromise the integrity of the grading or evaluation process.

6. Deliberately furnishing false information to members of the University community in connection with their efforts to prevent, investigate, or enforce University requirements regarding academic dishonesty.

7. Forging, falsifying, or misusing University documents, records, identification cards, computers, or other resources so as to violate requirements regarding academic dishonesty.

8. Violating other University policies that are designed to assure that academic work conforms to requirements relating to academic integrity.

9. Assisting or aiding another to engage in acts of academic dishonesty prohibited by Section II. B.

1. Conduct Affecting Persons.

a. Fighting or other conduct that unreasonably endangers or inflicts physical injury upon another.

b. Sexual misconduct that involves:
...i. Deliberate touching of another’s sexual parts without consent;
...ii. Deliberate sexual invasion of another without consent;
...iii. Deliberate constraint or incapacitation of another, without that person’s knowledge or consent, so as to put another at substantially increased risk of sexual injury; or
...iv. Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that expressly or implicitly imposes conditions upon, threatens, interferes with, or creates an intimidating, hostile, or demeaning environment for an individual’s (I) academic pursuits, (II) University employment, (III) participation in activities sponsored by the University or organizations or groups related to the University, or (IV) opportunities to benefit from other aspects of University life.

c. Harassment or intimidation that abuses, disparages, or otherwise interferes with another so as to adversely affect their academic pursuits, opportunities for University employment, participation in University-sponsored extracurricular activities, or opportunities to benefit from other aspects of University life.

d. Threats that involve violation of restraining orders or no-contact orders imposed by government or campus authorities, stalking, or other activities that create a reasonable apprehension of physical or emotional harm to an individual following a request or order to desist.

e. Discrimination on the basis of race, ethnicity, national origin, religion, creed, sexual orientation, gender expression, age, or disability that impairs or may impair an individual’s University working conditions, privileges or opportunities for University employment, educational opportunities, participation in University-sponsored extracurricular activities, or opportunities to benefit from other aspects of University life.

f. Hazing that causes or permits an individual, with or without consent, to engage in activities that subject that individual or others to risks of physical injury, mental distress, or personal indignities of a highly offensive nature, in connection with recruitment, initiation, or continued membership in a society, fraternity or sorority, club, or similar organized group whether or not recognized by the University.

g. Possessing or carrying any weapon or dangerous substance, whether openly or concealed, unless expressly authorized by University policies.

h. Operating a motor vehicle:

1. while impaired by alcohol, drugs, or other substances, and/or
   
2. in a reckless manner so as to create a significant threat to members of the University community.

i. Engaging in recklessly dangerous, disorderly or obscene conduct affecting University interests, students or other personnel.

j. Illegally possessing, manufacturing, selling, or delivering a controlled substance as defined by state or federal law or applicable policies of the Board of Trustees or Board of Governors.

k. Engaging in violent, forceful, threatening, intimidating, or disruptive conduct, or inciting others to engage in such individual or collective conduct, that willfully disrupts any normal operation, function, or activity of the University or any of its organizations, personnel, or guests.

l. Engaging in conduct, or inciting others to engage in conduct that improperly restrains freedom of movement, speech, assembly, or access to premises or activities by any individual who is a member of the University community or guest of the University or of any of its organizations in connection with that individual’s performance of legitimate activities or duties within or at the University.

m. Engaging in conduct within a University classroom that substantially disrupts the academic environment.

n. Misrepresenting oneself as another or otherwise adversely interfering with their credit, academic standing, privacy or personal information.

o. Misusing, removing, tampering with, or otherwise making less effective, equipment (including but not limited to, fire extinguishers, fire alarms, smoke detectors, and emergency call boxes), intended for use in improving or protecting the safety of members of the University community, either on University premises or on the premises of a student organization officially recognized by the University.

p. Assisting or aiding another to engage in acts prohibited by Section II. C.1 of this Instrument.

2. Conduct Affecting Property.

a. Stealing, destroying, damaging or misusing property belonging to the University or another individual or entity.

b. Violating University policies regarding use or management of resources including but not limited to computers, electronic resources, library resources, equipment, or supplies.

c. Forging, falsifying, or misusing documents, records, identification cards, computers, data, library materials, or other resources created, maintained, or used by the University or members of the University community.

d. Trespassing upon housing units, offices, classrooms, laboratories or other facilities or unauthorized intrusion into electronic records owned or managed by the University, an affiliated organization, or another member of the University community.

e. Assisting or aiding another to engage in acts prohibited by Section II. C.2 of this Instrument.

3. Conduct Affecting the Integrity of the University.

a. Knowingly abusing a position of trust or responsibility within the University community.

b. Disregarding the Honor Code or interfering with the judicial procedures established under this Instrument by refusing to identify oneself to a University official in pursuit of his or her duty, refusal to appear before University officials or disciplinary bodies when directed to do so, or lying to the Honor Court or judicial officials in the discharge of their duties.

c. Violating the terms of disciplinary proceedings or of any sanction imposed pursuant to such proceedings. d. Using the name of the University or the names of members or organizations in the University community without authorization.

e. Knowingly misrepresenting academic standing, performance, or accomplishments to members of the University community or others in order to gain an undue advantage.

f. Knowingly violating officially adopted University policies designed to protect the integrity and welfare of the University and members of the campus community.

g. Deliberately furnishing false or misleading information to University personnel acting in the exercise of their official duties. h. Assisting or aiding another to engage in acts prohibited by Section II. C.3 of this Instrument.

4. Group Offenses. Societies, clubs, or similar organized groups in or recognized by the University are subject to the same standards as are individual members of the University community. The commission of any offense within this section by such a group or its members acting in concert, or the failure of such a group to exercise preventive measures relative to violations of the Honor Code by its members shall constitute a group offense that may be sanctioned in addition to sanctions imposed for offenses by individual students.

1. Flexibility. This Instrument establishes a range of sanctions that may be imposed alone or in combination in order to provide necessary flexibility to deal as appropriate with specific cases. In addition, the courts may impose other sanctions it deems appropriate in a given case.

2. Relevant Factors. Sanctions imposed in particular cases should take into account the gravity of the offense in question, including its implications for other members of the campus community and any relevant recurring patterns of misconduct; the value of learning through experience so as to develop a greater sense of responsibility for one’s actions and their consequences to others; the importance of equitable treatment for similar offenses; and other compelling circumstances, so as to reach a just and appropriate resolution in each case.

1. Academic Sanctions including but not limited to the following:

a. Failing Grade. Receipt of a failing grade in a course, component or aspect of a course, or on an assignment;

b. Educational Assignment. Requirement of satisfactory completion of an additional educational assignment, course, or program with or without credit.

c. Other Requirements. Other requirements or conditions designed to assure that prior academic misconduct is remedied and does not recur in the future.

d. Implications for Academic Retention of Graduate or Professional School Students. In the case of graduate or professional school students, the imposition of an academic sanction in the form of a failing grade in a course shall not in itself be grounds for terminating the affected student’s enrollment in the academic program in which he or she is enrolled, except when the pertinent academic authorities independently determine that such termination is warranted pursuant to pertinent academic rules and requirements.

2. Conduct Sanctions including but not limited to:

a. Drug or alcohol suspension including completion of a drug or alcohol education and counseling program, participation in specified forms of community service, and acceptance of such other conditions and requirements as shall be approved by the Judicial Programs Officer.

b. Drug or alcohol probation including completion of a drug or alcohol education and counseling program, participation in specified forms of community service, and acceptance of such other conditions and requirements as shall be approved by the Judicial Programs Officer. A refusal or failure to comply with the terms of a drug or alcohol program, as determined by the Vice Chancellor for Student Affairs, will result in suspension for the unexpired term of the probation.

c. Behavior management.  Completion of projects, programs, or requirements designed to help the student manage behavior and understand why it was inappropriate.

d. “No contact” orders.  Compliance with orders of no contact that limit access to specific university areas or forms of contact with particular persons;

e. Community service.  Completion of up to 60 hours of community service over a period not to exceed twelve weeks under the guidelines established by the Judicial Programs Officer.

f. Restitution.  Where applicable, payment of restitution in an amount determined by the hearing board and paid under guidelines established by the Judicial Programs Officer.

g. Other requirements.  Where applicable, taking necessary steps to inform affected parties, correct misrepresentations, or otherwise remedy the effects of misconduct.

3. Loss of privileges including but not limited to those relating to:

a. Participation on or in: i. Athletic teams (including intramural teams) as a member, coach or manager; ii. Activities or organizations sponsored by or representing the university; iii. Recruitment of new members, induction in, or continuing membership in any student organization (including but not limited to sororities or fraternities).

b. Attendance at campus events or sports activities.

c. Use of University facilities or resources including:
...i. Parking an automobile or driving an automobile on campus;
...ii. Residing in University residence units;
...iii. Using privileges relating to information technology, computers, or telecommunications.

d. Representation of the University or its affiliated organizations as a tour guide, intern, researcher, or otherwise.

e. Receipt of special recognition or distinction including:
i. Any award, prize or other recognition bestowed by the University;
ii. A fellowship or assistantship that permits the student to act on behalf of the University (including a teaching position or resident assistantship, but not forms of financial aid based on need or merit).

4. Penalties of record that are reflected both on a student’s academic transcript (during the period they remain in effect), and in a student’s disciplinary record as provided under governing policies, including:

a. Probation for a definite or indefinite period, including probation with associated conditions or requirements. Probation means that a student may remain at the University but may be required to satisfy specified conditions or requirements, report regularly to the Judicial Programs Officer, and be barred from holding any office or participating in any activity in which the student represents the University or University-recognized student organizations either within or outside the University community. The sanction of probation prohibits graduation until the period of probation has ended and the student has complied with all requirements as established by the Honor Court and the Judicial Programs Officer.

b. Suspension including the following forms of suspension with associated conditions or requirements.
...i. Suspension for a definite or indefinite period means that the student is removed from good standing and must leave the University for a definite or indefinite period. Suspension anticipates that the student may eventually return if applicable conditions are satisfied. Academic work completed at another institution during a period in which a student is under suspension from the University may not be transferred toward the degree, but applicable health care or insurance benefits may be continued.
...ii. Permanent Suspension from the University of North Carolina at Chapel Hill means that the student is removed from good standing and must leave the University permanently without an expectation that the student may eventually return to the Chapel Hill campus. A student permanently suspended from the campus is not barred from seeking admission to another UNC system university, if that university wishes to permit such application following disclosure of the student’s disciplinary record at UNC-Chapel Hill. Permanent suspension may only be imposed with the concurrence of the Chancellor and will remain in effect unless and until the Chancellor who imposed or approved the sanction or his or her successor concludes on the basis of the former student’s petition and any supportive documentation that the individual should be given a new opportunity to pursue higher education at UNC-Chapel Hill.

c. Expulsion if approved by the Chancellor. Expulsion means that a student is removed from the University permanently and may not be admitted to any UNC system university, unless and until the Chancellor who imposed or approved the sanction or his or her successor concludes on the basis of the former student’s petition and any supportive documentation that the individual should be given a new opportunity to pursue higher education within the UNC system.

5. Written warning in the form of an official reprimand that is formally communicated by a letter giving the student notice that any subsequent Honor Code violation will carry more serious sanctions.

1. Written warning in the form of an official reprimand that is formally communicated by a letter to the group, its advisers and members, giving notice and warning that any subsequent Honor Code violation will carry more serious sanctions.

2. Conduct sanctions including but not limited to:

a. Educational activities such as presentation or completion of projects, programs or requirements designed to understand the nature and implications of the misconduct and prevent similar misconduct from arising in the future.

b. Community service such as completion of specified service programs or projects on or off campus within a specified period.

c. Payment of restitution if applicable.

d. Other requirements. Where applicable, taking necessary steps to inform affected parties, remedy the effects of misconduct, prevent similar conduct from arising in the future, or comply with other requirements or conditions.

3. Loss of group privileges including but not limited to:

a. Activity restrictions prohibiting the group from sponsoring any organized social activity, party, or function for a specified period of not less than four weeks of a regular academic term, or otherwise limiting group activities (other than seeking and adding members) for a specified period.

b. Restrictions on participation in intramural competitions or other activities or events sponsored by the University or University affiliated organizations.

c. Restrictions on use of University facilities for meetings or other activities.

d. Loss of such other privileges as deemed appropriate to deter future misconduct.

4. Sanctions Affecting Group Status or Charter. The following sanctions may be imposed:

a. Group probation, which restricts group activities and privileges (other than seeking and adding members) for a specified period of time, upon pain of immediate restriction or revocation of the group’s charter or status as a University-affiliated or recognized organization in the event of repeated violations during the period of the sanction.

b. Restricted status, which restricts a group’s charter, temporarily removes a group’s status as recognized or affiliated with the University, or imposes related restrictions on recruitment or addition of members, sponsoring or conducting events in the University community, or enjoyment of privileges other than the right to continue to occupy or hold property for a period of one semester in addition to the semester in which the offense occurred.

c. Revocation of group charter or affiliation including permanent removal of University recognition for the group in question, if approved by the Chancellor.

1. Usual and Minimum Sanctions. In determining the appropriate sanction to be imposed in individual cases, consideration shall be given to usual and minimum sanctions specified in this section as well. For purposes of this Instrument, “usual” sanctions are those that are to be applied in individual cases except to the extent that relevant factors listed in Section III. A provide a compelling basis for imposition of a lesser or greater sanction in order to do justice in a particular case. “Minimum sanctions” are the least serious sanction possible in light of the gravity of the conduct in question, although a more substantial sanction may be imposed in order to do justice in a particular case.

2. Academic Dishonesty.

a. For an initial instance of academic dishonesty,
...i. The usual sanction for grade-related misconduct shall be a failing grade in the course, an aspect or component of a course, or on the assignment as recommended by the instructor, and suspension for one full academic semester or until specified conditions are met.
...ii. The minimum sanction for grade-related misconduct shall be a failing grade in the course, component or aspect of the course, or on the assignment as recommended by the instructor; probation for at least one full academic semester; an additional educational assignment or other requirements as appropriate; and a written warning that further academic misconduct will lead to more serious sanctions.

b. For a second or subsequent instance of academic dishonesty, the minimum sanction shall be suspension for at least two full academic semesters.

3. Conduct Adversely Affecting Persons.

a. For deliberate sexual invasion of another, the minimum sanction shall be suspension for two full academic semesters.

b. For illegally possessing, manufacturing, selling, or delivering a controlled substance as defined by state or federal law, sanctions established by relevant policies of the Board of Trustees, including as specified, drug probation, suspension, or expulsion, depending upon the gravity of the offense and prior history of misconduct.

c. For operating a motor vehicle while impaired by alcohol, drugs, or other substances

1. The usual sanction shall be drug or alcohol suspension for at least one full academic semester.
2. The minimum sanction shall be probation for at least one full academic semester.

4. Group Offenses.

In instances in which a group has committed a violation of the same type within a period of two years for which a written warning was issued, the minimum sanction shall be group probation.

5. Repeat Offenses. For offenses of the same or similar type for which a student has previously received at least probation, the minimum sanction shall be suspension for at least one academic semester with appropriate conditions.

1. Duration and Effective Date. The duration and effective date of sanctions shall be determined by the hearing panel. A sanction specified to extend over an academic semester means a semester within the academic year and does not include summer sessions. If a timely appeal is filed as provided in Appendix C, no sanction shall take effect until such time as the relevant appeal has been withdrawn or has been finally determined and a decision rendered by the University Hearings Board or, in applicable cases, by the Chancellor or his or her designee. When, because of an appeal, a sanction of suspension or expulsion becomes effective during the middle or at the end of a semester or term, the student shall receive no credit for any courses undertaken or completed in the semester or term in which the judgment of the hearing panel was initially rendered. Students who have been expelled or suspended from the University are granted 96 hours from the time the sanction becomes effective to depart from the campus. Sanctions of record (expulsion, suspension, and probation) shall be entered on the student’s transcript by the Dean of Students following conclusion of any relevant appeals.

2. Review. A student who is placed on definite or indefinite probation or suspension may be required to meet periodically with the Judicial Programs Officer.

3. Removal of Sanctions. Upon completion of the requisite period, a student who has satisfied any pertinent conditions or requirements may submit a formal petition requesting removal of a probationary sanction or reinstatement following suspension. The petition shall be reviewed by the Judicial Programs Officer who shall prepare a recommendation, and submit the matter for determination by the appropriate. The court shall consider the student’s petition as soon as practicable.

4. Records of Student Discipline. Only disciplinary cases pending and currently active sanctions of probation, suspension, or expulsion shall be noted as part of a student’s transcript. Records of all disciplinary actions and sanctions imposed pursuant to this Instrument shall be maintained by appropriate offices in the Division of Student Affairs as part of a student disciplinary record separate from the transcript, and shall be retained for a period of 10 years from the date on which all appeal rights have expired or have been exhausted, and thereafter destroyed, unless destruction at the end of a lesser period shall be permitted in accordance with a disciplinary records retention policy adopted by the Chancellor upon recommendation by the Committee on Student Conduct as provided in Section V. E. Files on pending cases will be maintained indefinitely. Disciplinary files and records of cases that resulted in “not guilty” findings shall be destroyed immediately. Recordings or transcripts of judicial hearings in which an accused student is found guilty shall be retained for 12 months following the conclusion of any available appeal and then destroyed.

1. Information and Informed Choices. The right to examine this Instrument; to be advised of the charge, the character of the evidence against him or her, the alternatives for responding, the possible sanctions, their rights, and their responsibilities to appear for relevant proceedings; and to make choices of the student’s own free will, including the choice to waive any rights provided by this Instrument after receiving an explanation of the possible consequences so long as any such waiver is made in writing.

2. Presumption of Innocence. The right to be presumed innocent until proven guilty, and to plead not guilty without fear that the plea itself (as distinct from any related lies or misrepresentations) may give rise to a charge of lying should the student be found guilty of violating the Honor Code.

3. The right to an assigned student counsel or a student counsel of his or her own choosing, provided that neither a licensed attorney nor a person who has passed a state bar examination may serve as the investigator of defense counsel or be present during proceedings; only currently enrolled undergraduate students at UNC-Chapel Hill may serve as investigator or defense counsel in cases involving undergraduate students; and only currently enrolled students, preferably from within the pertinent academic program, may serve as investigators or counsel to the accused student in cases involving graduate or professional students. However, in the event the offense charged is also the subject of criminal charges, the accused student may be accompanied to the hearing by a licensed attorney and may confer with the student during the hearing so long as the attorney does not address the hearing panel, those hearing the appeal, or other parties or witnesses, and so long as the attorney does not delay or disrupt the proceeding.

4. Fair Hearing. The right to a fair, impartial, and speedy hearing, including a separate hearing upon request.

5. Self-Incrimination. The right to refuse to respond to questions that would tend to be self-incriminating.

6. Evidence and Witnesses. The right prior to the hearing to review written evidence and obtain a list of anticipated witnesses; to hear or face witnesses testifying against him or her and question any material witnesses; to challenge and rebut any evidence or written testimony; to present material and character witnesses; and to testify and present evidence in his or her own behalf provided that such evidence is relevant to the charge or other evidence presented and does not otherwise infringe the rights of other students.

7. Proof Beyond a Reasonable Doubt. The right to have an alleged offense proven beyond a reasonable doubt, where “beyond a reasonable doubt” means a doubt that is based upon reason and common sense after careful and impartial consideration of all evidence, and does not mean a mere “shadow of a doubt” or any conceivable doubt.

8. Appeals and Rehearing. The right to pursue a subsequent appeal to the extent as specified in this Instrument, and to be free from rehearing under this Instrument for the same offense after being found not guilty, except to the extent that a new hearing may be required on an original charge pursuant to Appendix C.

1. Notification. In accordance with the Federal Family Educational Rights and Privacy Act (FERPA), in cases of alleged academic misconduct, the complainant has the right to be notified of the outcome of the case if the complainant has a legitimate educational interest in the outcome. A complainant who is an alleged victim of an offense that involves the use, attempted use, or threatened use of physical force against the person or property of another, or is a felony that, by its nature, involves a substantial risk that physical force may be used against the person or property of another in the course of committing the offense, has the right to be notified of the following matters, pursuant to FERPA and policies of the University Board of Governors: the name of the student assailant, the violation charged or committed, the essential findings supporting the conclusion that the violation was committed, the sanction if any imposed, the duration of the sanction, and the date the sanction was imposed.

2. Privacy. The right to have his or her name or other personally identifiable information withheld from release to the public, the press, or others who are not directly involved in the case, by members of the Student Attorney General’s Staff, any student court or University Hearings Board, or the Office of the Vice Chancellor for Student Affairs.

3. Comments and Recommendations. The right to challenge or to request the student attorney general’s office to challenge the qualifications of any member of a student court or University Hearings Board to hear the case; the right to recommend the forum in which the case should proceed as specified in Appendix C; the right to make a written or oral statement during the sanctioning phase of a hearing; and the right to notice and an opportunity to make an oral or written statement in any proceeding for the removal of a sanction of indefinite suspension or indefinite probation in a case involving a student against whom the complainant filed a complaint.

4. Presence. The right to be present during court proceedings except during court deliberations, the announcement of the judgment, the sanctioning phase or any appellate proceedings as provided in Appendix C.

5. Additional rights in certain cases. In certain types of cases, the complainant shall have additional rights as stated below.

a. Academic dishonesty. The right of an instructor to recommend a failing grade (as to a particular assignment, course component or aspect, or the course as a whole), and to have the recommended penalty imposed in the event that the accused student is found guilty as charged.

b. Sexual misconduct. In offenses involving sexual misconduct (section II. C.1. B):
...i. With the approval of the Student Attorney General and the Judicial Programs Officer, the right to request a student investigator of his or her own choosing from within those available in the Student Attorney General’s office after charges have been filed;
...ii. The right to be present during court proceedings except court deliberations, evidentiary proceedings, or appellate proceedings and to have a support person present during the original hearing, any evidentiary proceeding or any appeal;
...iii. In cases involving sexual invasion (section II. C.1. B. Ii), the right to a closed hearing when requested in writing (notwithstanding any request to the contrary by the accused student) and to refuse to testify without being charged with a violation based on that refusal upon a determination by the Student Attorney General after consultation with the Vice Chancellor for Student Affairs that compelling circumstances prevent the complainant from participating in the case;
...iv. The right for evidence of other sexual behavior to be deemed inadmissible in a hearing except as provided in Appendix C.

c. Other conduct involving injuries to persons. In offenses involving other forms of conduct resulting in injuries to persons under section II. C.1, the right to be present except for any court deliberations (during an original hearing, evidentiary proceeding, or appellate proceeding) to the extent permissible under pertinent state and federal law.

C. Additional Student Rights.

A. Student Honor System Officers

1. Undergraduate Honor System

a. Undergraduate Student Attorney General.
...i. Appointment and Qualifications. The Office of the Undergraduate Student Attorney General shall be led by the Undergraduate Student Attorney General, who shall be appointed by the Student Body President, with the approval of the Student Congress, during the spring semester and shall serve a term of 12 calendar months from date of appointment or until a successor has been appointed. Only undergraduate students who have attained at least second semester sophomore status and who have at least two semester’s experience on the Student Attorney General’s staff shall be eligible for appointment.
...ii. Duties. The Undergraduate Student Attorney General, and, as he or she may determine, members of the Attorney General’s staff, shall be responsible for performing the following functions:

(1) Recruitment, appointment, training, certification, and oversight of members of the Undergraduate Student Attorney General’s staff. The staff of the Undergraduate Student Attorney General shall be responsible for investigating all alleged violations of the Honor Code by undergraduate students, providing defense counsel as requested, and presenting matters to the Honor Court for resolution. In making staff appointments, the Undergraduate Student Attorney General should endeavor to assemble a staff whose diversity reflects that of the student body as a whole. In the event of disagreement between the Attorney General and the Vice Chancellor for Student Affairs concerning training or certification, the issue shall be decided by the Committee on Student Conduct.

(2) Review and investigation of alleged violations of the Code of Student Conduct. The Undergraduate Student Attorney General (or his or her designee) shall receive complaints of all alleged violations by undergraduate students; investigate such complaints to determine whether there is sufficient evidence to refer the incident to the Honor Court; formulate and bring charges; advise students to be charged concerning their rights, the availability of counsel, and procedures to be employed; bring charges to Honor Court; and respond to appeals as necessary.

(3) Contribution to cooperative efforts to strengthen the campus Honor System. In cooperation with the Chair of the Undergraduate Honor Court, the Undergraduate Student Attorney General shall recommend to the Undergraduate Student Body President one or more experienced candidates (from among those who have served on the Attorney General’s staff, members of the Honor Court, or other undergraduate students) to serve as Honor System Outreach Coordinator. The Undergraduate Student Attorney General shall also serve as an appointed or ex officio member of the Committee on Student Conduct, foster cooperation between the Student Attorney General’s Office and the Office of the Undergraduate Honor Court, work closely with the Faculty Advisory Panel on the Honor System, and advise the Judicial Programs Officer, Vice Chancellor for Student Affairs, Chancellor, and Chair of the Faculty about matters relating to the Honor System and Honor Code.

b. Office of the Undergraduate Honor Court.
...i. Appointment and Qualifications.

(1) Undergraduate Honor Court Chair. The Office of the Undergraduate Honor Court shall be led by the Undergraduate Honor Court Chair, who shall be appointed by the Undergraduate Student Body President, with the advice of the outgoing Chair and Vice Chairs, and shall be confirmed by Student Congress, during the spring semester to serve for a term of 12 calendar months or until a successor has been named. The Chair shall have attained at least second semester sophomore status and have at least a full two semester’s experience on the Undergraduate Court prior to selection in the Spring semester.

(2) Undergraduate Honor Court Vice Chairs. The Honor Court Chair may be assisted by a minimum of two vice chairs or additional vice chairs as the Committee on Student Conduct determines to be necessary for it to conduct its business. Vice Chairs shall have attained at least second semester sophomore status and have at least a full semester’s experience on the Undergraduate Court prior to selection. Vice Chairs shall be selected by election among the members of the Undergraduate Honor Court during the spring semester, and serve for a period of 12 months or until successors have been named.

(3) Members of the Undergraduate Honor Court. The Undergraduate Honor Court shall be composed of a minimum of 25 undergraduate students (including the chair and vice chairs), or a larger number recommended by the Committee on Student Conduct as necessary to conduct the Court’s business. Members shall be appointed by the Student Body President, and approved by Student Congress. Members of the Court shall be recommended during the Spring semester by a nominating committee composed of the outgoing and incoming Chair and Vice Chairs, from among a pool of candidates who have been members of the academic community for at least a full semester (or two summer sessions). In reaching their recommendations, the nominating committee shall consider the candidacy of any interested undergraduate student; endeavor to recruit candidates whose diversity reflects that of the student body as a whole; conduct interviews and evaluate personal qualifications using criteria designed to assure effective operation of the Court. Members shall be appointed for a 12-month term and shall serve until successors are named.

...ii. Duties of the Chair and Vice Chairs. The Chair of the Undergraduate Honor Court, and, as he or she may determine, Undergraduate Honor Court Vice Chairs, shall be responsible for the following duties:

(1) Recruitment, nomination, training, certification, and oversight of members of the Undergraduate Honor Court. Members of the Honor Court may not sit on a hearing panel until they have been found to be knowledgeable concerning the regulations, provisions, procedures, sanctions, and functioning of the Honor System as delineated in this Instrument, and accordingly certified as “qualified” by the Chair of the Undergraduate Honor Court and the Vice Chancellor for Student Affairs. In the event that the Chair and the Vice Chancellor for Student Affairs disagree over procedures or certification, the issue shall be decided by the Committee on Student Conduct.

(2) Administration of the Honor Court. The Chair shall assign hearing panels composed of the Chair or a Vice Chair (as presiding officer) and the requisite number of Court members to conduct hearings, and to serve on University Hearings Boards. The Chair shall make such assignments by random selection using a separate presiding officer pool (composed of the Chair and Vice Chairs) and a panel member pool (composed of the remaining members of the court). The Chair shall also perform such other duties as may be appropriate consistent with this Instrument.

(3) Contribution to cooperative efforts to strengthen the campus Honor System. In cooperation with the Undergraduate Student Attorney General, the Chair of the Undergraduate Honor Court shall recommend to the Undergraduate Student Body President one or more experienced candidates (from among those who have served on the Attorney General’s staff, members of the Honor Court, or other undergraduate students) to serve as Honor System Outreach Coordinator. The Chair of the Undergraduate Honor Court shall also serve as an appointed or ex officio member of the Committee on Student Conduct, foster cooperation between the Student Attorney General’s Office and the Office of the Undergraduate Honor Court, work closely with the Faculty Advisory Panel on the Honor System, and advise the Judicial Programs Officer, Vice Chancellor for Student Affairs, Chancellor, and Chair of the Faculty about matters relating to the Honor System and Honor Code.

...iii. Summer School: Special Provisions. During summer session, the authority of the Undergraduate Court shall be exercised by a Summer School Court composed of members, who shall meet the minimum qualifications and be chosen by the procedures set forth in Section V. A.1. B. I.(3) and shall serve for the duration of the summer session. Vacancies that exist at the beginning of or during the summer session may be filled by appointment of the Student Body President and confirmation by Student Congress. The Chair of the Summer School Honor Court shall be appointed by the Student Body President with the advice of the Chair and Vice Chairs of the Undergraduate Honor Court and shall be confirmed by Student Congress. Two vice chairs shall be elected by the members of the Summer School Honor Court, with preference for students who have attained at least second semester sophomore status and who have with at least a full semester’s experience. Hearing panels during summer session shall be composed of a presiding officer who is selected by random drawing from a pool of the Summer School Chair and Vice Chairs, and members selected by random drawing from a pool composed of the remaining members of the Summer School Court.

c. Honor System Outreach Coordinator.
...i. Appointment. The Student Body President, with the advice and concurrence of the Undergraduate Student Attorney General and the Chair of the Undergraduate Honor Court, and confirmation by Student Congress, shall appoint an Honor System Outreach Coordinator. Candidates for this position shall have attained at least second semester sophomore status, and shall have extensive knowledge of the Honor System, with preference given to individuals who have served for at least two full semesters as a member of the Honor Court or staff of the Undergraduate Attorney General. The Honor System Outreach Coordinator shall serve a 12-month term or until a successor is selected.
...ii. Duties. The Honor System Outreach Coordinator or Coordinators shall be responsible for coordination and promotion of outreach activities by the Office of the Undergraduate Student Attorney General and the Office of Undergraduate Honor Court; working with the Faculty Honor System Advisory Committee to improve information and education relating to academic integrity issues; working with the student government and other student organizations to foster information and education regarding student conduct issues; and such other related coordination and outreach activities as may be appropriate after consultation with the Undergraduate Student Attorney General, Office of Undergraduate Honor Court, graduate and professional school judicial system officers, the Judicial Programs Officer, the Dean of Students, and the Committee on Student Conduct. The Honor System Outreach Coordinator shall also serve as an appointed or ex officio member of the Committee on Student Conduct.

2. Graduate and Professional School Honor Systems.

a. Graduate Student Honor System. The graduate student governance agency shall appoint a graduate school attorney general, and the chair and members of the graduate school honor court, in accordance with its governance and judicial structures. The Graduate School Honor System shall be responsible for charges against students enrolled in a degree program in the University’s Graduate School or any course in post baccalaureate study except as provided in paragraph b. Except as provided in Appendix C all other sections of this Instrument shall apply.

b. Honor Systems for Graduate Students Enrolled in Designated Professional School Programs. The student government agencies of the Schools of Dentistry, Law, Pharmacy, and Medicine shall operate their own courts and devise their own judicial structures. The honor systems of the respective professional schools shall be responsible for charges against students enrolled in their respective programs for the degree of DDS, JD, Pharm. D. or MD.
...i. Except as provided in Appendix C, all other sections of this Instrument shall apply.
...ii. The student government agencies and academic authorities of other professional schools may request authorization to appoint a professional school attorney general and the chair and members of a professional school honor court, and to operate a judicial system responsible for operation of the Honor System as it applies to students enrolled in specified post- baccalaureate programs, by filing a proposal describing the proposed judicial system and arrangements for its operation with the Committee on Student Conduct. After consultation with the affected parties, the Dean of Students, and the graduate student governance agency, the Committee on Student Conduct may recommend that this Instrument be amended to authorize the establishment of the proposed professional school honor court, in accordance with procedures set forth in section VII. B of this Instrument. Except as provided in Appendix C, all other sections of this Instrument shall apply to all professional school judicial systems applicable to post-baccalaureate students.

B. Faculty Honor System Advisory Committee

1. Appointment. The Chair of the Faculty shall appoint a five-member Faculty Honor System advisory committee, drawn from faculty members with interest and experience concerning the campus Honor System. In making the requisite appointments, the Chair of the Faculty shall take into account recommendations by the Undergraduate Student Attorney General, the Chair of the Undergraduate Honor Court, and the Graduate Student Attorney General. In making appointments, the Chair of the Faculty should strive to maintain a committee that is broadly representative (in terms of academic units and faculty rank), and possesses relevant expertise (such as experience with legal systems, knowledge of undergraduate and graduate-level issues, experience with instructional development, and awareness concerning the operation of the Honor System). Members of the advisory committee shall serve for overlapping three-year terms or until their successors have been appointed.

2. Duties. The Faculty Honor System Advisory Committee shall have the following duties: providing advice when appropriate to the Undergraduate and Graduate School Attorneys General regarding difficult academic charge decisions; communicating to student judicial officers information regarding faculty concerns or suggestions for improvement of the Honor System; assisting the student judicial officers with outreach and educational activities to involve academic departments and the greater campus community in discussion of issues of honor and integrity; assisting in the development of training materials for use in the Honor System; serving as a source of expertise and advice on educational sanctions; and such other duties as may be appropriate to bolster the effectiveness and smooth operation of the Honor System.

C. Faculty Hearings Boards Panel.

D. Judicial Programs Officer.

1. Coordinator. Serve as the designate of the Vice Chancellor for Student Affairs in coordinating and advising the Honor System.

2. Adviser. Provide reports, monitor data, evaluate and apprise the Vice Chancellor for Student Affairs, the Committee on Student Conduct, and other University officers of matters regarding student conduct and the Honor System.

3. Supervisor. Supervise compliance with conditions and requirements imposed upon students and groups subject to disciplinary sanction, including, as appropriate, scheduling mandatory conferences with students placed on probation and with student officers of organizations with an active sanction, overseeing compliance by students and student organizations with the terms of disciplinary sanctions, and providing reports and recommendations to the courts concerning removal of sanctions.

4. Trainer. Provide support and oversight of training of Court members, Student Attorney General’s staff, and faculty members serving as members of the Honor System Advisory Committee and University Hearings Boards.

5. Outreach and Program Planner. Working with students, faculty, and staff, develop strategies, materials, resources, and programs to inform members of the University community about the Honor Code and Honor System.

E. Committee on Student Conduct.

1. Appointments and Terms. The Committee on Student Conduct shall be composed of three persons appointed by the Chancellor, three members of the Faculty selected by the Chair of the Faculty, and six students (four undergraduate and two graduate/professional students who are representative of their student constituencies as well as the diversity of the student community). Student members shall be selected through an application process by the Student Body President, or designee, and by the President of the Graduate and Professional Student Federation, or designee, respectively. All Attorneys General, Court Chairs, and Outreach Coordinators shall serve as non-voting ex officio members. In no case shall a member’s term of appointment be less than one year or more than three years. Although it is not mandatory, the Chair of COSC shall usually be a member of the University faculty or a Chancellor’s appointee who has been a member of COSC for one or more years or who has experience in student judicial matters. The Chair shall be elected for a one-year term at the beginning of the fall semester by a majority of Committee members.

2. Procedures. The Committee shall meet regularly, or upon call by the Chair, or by a petition from a majority of the members of the Committee presented to the Chair. A quorum shall consist of four students, two faculty members, and two appointees of the Chancellor. A quorum is not required for Committee action. Action taken without a quorum, however, shall not become effective until five calendar days have elapsed following the transmittal of the Committee minutes describing such action. If within the five-day period any Committee member files with the Chair a request for review of the action taken, the action will be held in abeyance until reviewed by the Committee when a quorum is present. A majority vote of those present at the meeting shall be determinative of any issue.

3. Responsibilities. The Committee shall have the following responsibilities:

a. Overseeing the operation of this Instrument and the Honor System;

b. Developing, promulgating, and monitoring policies and guidelines regarding operational procedures for implementation of this Instrument and the Honor System as provided in Section VI;

c. As necessary and appropriate, interpreting this Instrument and developing guidelines and policies regarding its meaning and operation, including but not limited to designation of offenses as “minor” or “serious” as provided under policies of the University Board of Trustees or Board of Governors;

d. Advising student judicial officers, the Judicial Programs Officer, Vice Chancellor for Student Affairs, and the Chancellor regarding the Instrument and the Honor System as appropriate.

e. Proposing, reviewing, and coordinating action on amendments to this Instrument appropriate to its increased effectiveness;

f. Performing such other duties as specified in this Instrument; and

g. Reporting to the Chancellor, Faculty Council, and Student Congress annually in writing.

A. Proposed Amendments.

B. Approval of Amendments.

1. Amendments to Sections I-VII of the Instrument. Amendments to this Instrument will become effective when approved by the Student Congress, the Faculty Council, and the Chancellor.

2. Amendments to Appendix C. Amendments to Appendix C may be proposed from time to time by the Committee on Student Conduct as a means of improving the operational performance of the Honor System or providing additional guidance its meaning and interpretation. Amendments to Appendix C will become effective when approved by the Chancellor, upon the recommendation of the Committee on Student Conduct, without formal action by Student Congress and Faculty Council, provided that the Committee on Student Conduct provides Student Congress and the Faculty Council with written notice of any such proposed amendment and that Student Congress and the Faculty Council are afforded at least 30 calendar days during the academic year in which to advise the Chancellor of their views prior to any action by the Chancellor to approve or reject a proposed amendment.

Appendices

Appendix A: Expanded Statement of Commitment by Students and Faculty

I. Students.

A. Conduct all academic work within the letter and spirit of the Honor Code, which prohibits the giving or receiving of unauthorized aid in all academic processes.

B. Consult with faculty and other sources to clarify the meaning of plagiarism; to learn the recognized techniques of proper attribution of sources used in the preparation of written work; and to identify allowable resource materials or aids to be used during examination or in completion of any graded work.

C. Sign a pledge on all graded academic work certifying that no unauthorized assistance has been received or given in the completion of the work.

D. Comply with faculty regulations designed to reduce the possibility of cheating -- such as removing unauthorized materials or aids from the room and protecting one's own examination paper from the view of others.

E. Maintain the confidentiality of examinations by divulging no information concerning an examination, directly or indirectly, to another student yet to write that same examination.

F. Treat all members of the University community with respect and fairness.

G. Report any instance in which reasonable grounds exist to believe that a student has given or received unauthorized aid in graded work or in other respects violated the Honor Code. Such report should be made to the Office of the Student Attorney General, the Office of the Dean of Students, or other appropriate officer or official of their college or school.

H. Cooperate with the Office of the Student Attorney General and the defense counsel in the investigation and hearing of any incident of alleged violation, including the giving of testimony when called upon. Nothing herein shall be construed to contravene a student's rights enumerated in Section

IV.A.1 of this Instrument.

II. Faculty.

III. Shared Aspirations.

A. Use good judgment in setting and communicating clear ground rules for academic work conducted under their supervision (for example by stating expectations as part of course syllabi, identifying materials that may or may not be used in completing assignments, and indicating the extent of collaboration that is or is not permitted).

B. Require students to sign the honor pledge as a condition of submitting academic assignments.

C. Take steps to prevent unauthorized access to examinations during development, duplication, and administration.

D. Avoid re-using prior examinations in whole or part to the extent possible in keeping with sound academic judgment (such as when warranted as part of an assessment system that relies upon recurring use of a pool of pre-tested and validated multiple choice questions, when security is assured, or when questions are placed on reserve or otherwise made available in advance to all students on an even-handed basis).

E. Take all reasonable steps consistent with physical classroom conditions to reduce the risk of cheating during the administration of examinations.

F. Maintain proper security during the administration of examinations including as appropriate overseeing distribution and collection of examinations and proctoring the examination session.

A. Report to the appropriate Student Attorney General any instance in which the instructor has reasonable basis to conclude that a student under the faculty member’s supervision has engaged in academic dishonesty or substantially assisted another to do so in connection with academically related work. Such reports should include a brief description of the suspected academic dishonesty including surrounding facts and circumstances, and may, if the faculty member chooses, incorporate a recommendation as to the appropriate sanction or disposition from among those available in the event the student is found guilty (such as whether a failing grade would be implemented as to a particular course assignment, component or the course as a whole).

B. In the instructor’s discretion, notify the student of the instructor’s intention to report the suspected academic dishonesty and permit the student to provide relevant further information if the student chooses to do so.

C. Refrain from taking unilateral punitive action as to a student rather than reporting conduct in suspected violation of the Honor Code.

D. Cooperate with representatives of the student judicial system (including the appropriate Student Attorney General, defense counsel, honor court personnel, and the judicial program officer) in conducting necessary investigation, providing testimony or other evidence, recommending appropriate sanctions, or otherwise bringing the matter to prompt conclusion.

A. Explore issues of integrity in connection with instructional activities where relevant and appropriate.

B. Encourage their academic units to take matters of academic integrity seriously, become informed regarding related problems and advisable means of preventing problems from arising, and provide requisite training and support to instructional personnel.

C. Participate upon request as part of educational initiatives, faculty advisory panels, and University Hearing Boards designed to create, nurture, and enforce high standards of academic integrity within the University community.