Honor Council Honor Council OrientationOrientation

Cheryl Scheid, Ph.D.Cheryl Scheid, Ph.D.Vice Chancellor Academic, Faculty and Student Vice Chancellor Academic, Faculty and Student

AffairsAffairsDean, College of Graduate Health SciencesDean, College of Graduate Health Sciences

448- 4930448- 4930

BackgroundBackground

Ethical Behavior and Professionalism Ethical Behavior and Professionalism are Essential in the Health Care are Essential in the Health Care ProfessionsProfessions

All Students are Bound by the Honor All Students are Bound by the Honor CodeCode

Allegations of Infractions must be Allegations of Infractions must be handled in a sensitive, fair and handled in a sensitive, fair and CONFIDENTIALCONFIDENTIAL manner manner

Types of InfractionsTypes of Infractions

Cheating on tests/examsCheating on tests/exams Improper assistance with oral, Improper assistance with oral,

written or lab assignmentswritten or lab assignments Improper handling/falsification of Improper handling/falsification of

laboratory datalaboratory data Improper handling of patient data, Improper handling of patient data,

falsification of recordsfalsification of records Misuse of Course MaterialsMisuse of Course Materials

Other InfractionsOther Infractions

Willful neglect of clinical dutiesWillful neglect of clinical duties Falsely & maliciously accusing another Falsely & maliciously accusing another

student of honor code violationsstudent of honor code violations Revealing confidential information Revealing confidential information

related to Honor Court mattersrelated to Honor Court matters Failing to report infractions by other Failing to report infractions by other

studentsstudents Plagiarism Plagiarism

Note – Campus now uses SafeAssign Antiplagiarism

SoftwareStudents can prescreen papers before submissionFaculty will be provided with guidelines to interpret reports Honor Council will also receive guidelines to avoid misunderstandings

Informal ReportsInformal Reports

Suspicious Activity can be informally Suspicious Activity can be informally reported to a member of the College reported to a member of the College Honor CouncilHonor Council

Council member will notify the Honor Council member will notify the Honor Council President of the suspicious Council President of the suspicious activityactivity

Member will then counsel suspected Member will then counsel suspected student and advise them that continued student and advise them that continued behavior could lead to formal complaint behavior could lead to formal complaint

Procedure for Formal ComplaintProcedure for Formal Complaint

Complaint may be filed by student, Complaint may be filed by student, faculty or staff – this must be written, faculty or staff – this must be written, signed and presented to member of signed and presented to member of honor councilhonor council

Complaints forwarded to President of HCComplaints forwarded to President of HC President asks one of council members to President asks one of council members to

investigate the facts and determine investigate the facts and determine whether there is reason to believe a whether there is reason to believe a violation has occurred (probable cause) violation has occurred (probable cause)

Notice of ChargeNotice of Charge

If investigation suggests that a full If investigation suggests that a full hearing is warranted, President issues hearing is warranted, President issues ‘Notice of Charge’ to accused student; ‘Notice of Charge’ to accused student; if no further action deemed if no further action deemed necessary, charge dismissednecessary, charge dismissed

Identity of the accuser remains Identity of the accuser remains confidential during investigation. If confidential during investigation. If Notice of Charge is filed, accused Notice of Charge is filed, accused student has right to request name of student has right to request name of person filing charge person filing charge

Role of InvestigatorRole of Investigator

If requested by president, member of If requested by president, member of honor council must carry out honor council must carry out investigation and report back to investigation and report back to president quickly (within 7 days barring president quickly (within 7 days barring holidays, closings)holidays, closings)

If investigator recommends a formal If investigator recommends a formal charge, s/he must present charge at the charge, s/he must present charge at the College or University Honor Court College or University Honor Court hearinghearing

If presenting charge, s/he cannot also If presenting charge, s/he cannot also vote during proceedingsvote during proceedings

Rights of AccusedRights of Accused

Notice of Charge must be specific, Notice of Charge must be specific, listing charges, possible penalties listing charges, possible penalties and student’s rights. Student must and student’s rights. Student must be advised who/how to contact be advised who/how to contact someone to request a hearing and someone to request a hearing and must be informed of the deadline to must be informed of the deadline to request a hearingrequest a hearing

Procedure after Notice of ChargeProcedure after Notice of Charge

Accused has 5 working days to respond to Accused has 5 working days to respond to college honor council president indicating: college honor council president indicating:

Intent to PLEAD GUILTY and ACCEPT Intent to PLEAD GUILTY and ACCEPT PENALTY from dean, orPENALTY from dean, or

Intent to refute charge and request a Intent to refute charge and request a hearing using one of 3 available optionshearing using one of 3 available options

AllegedViolation

Report to HCPresident,

Investigator Assigned

Investigator Reviews case

NO

STOPYes

Student advised, given options

Pleads Guilty

Student Judicial Process

Refutes Charge Student chooses

hearing option

STOP

Options for HearingsOptions for Hearings

Uniform Administrative Procedures – Uniform Administrative Procedures – Chancellor appoints hearing officer, campus Chancellor appoints hearing officer, campus counsel prosecutes, student can have counsel prosecutes, student can have lawyer (his/her expense)lawyer (his/her expense)

College Honor Court – president of college College Honor Court – president of college HC presides and follows procedures dictated HC presides and follows procedures dictated by college; no lawyers but advisor can by college; no lawyers but advisor can participateparticipate

University Honor Court – each college University Honor Court – each college provides 2 nominees and VCAA appoints provides 2 nominees and VCAA appoints panel of 7, with 2 from college of accused; panel of 7, with 2 from college of accused; advisor but not lawyeradvisor but not lawyer

Right to Impartial HearingRight to Impartial Hearing

For College and University Honor For College and University Honor Courts, accused can request removal Courts, accused can request removal of members deemed biased; students of members deemed biased; students on HC must recuse themselves if they on HC must recuse themselves if they cannot be impartial. Honor Council cannot be impartial. Honor Council president adjudicates requests president adjudicates requests relating to College Honor Court. VCAA relating to College Honor Court. VCAA or chair of panel reviews requests or chair of panel reviews requests relating to University Honor Courtrelating to University Honor Court

Hearing GuidelinesHearing Guidelines Hearing led by students - faculty and Hearing led by students - faculty and

administrators, including advisors, administrators, including advisors, should not participate directly except should not participate directly except to testify or advise on processto testify or advise on process

Witnesses cannot be compelled to Witnesses cannot be compelled to participate; written or recorded participate; written or recorded testimony may be consideredtestimony may be considered

Sharing of evidence should be limited Sharing of evidence should be limited and only by encrypted email and only by encrypted email

Guidelines - ContinuedGuidelines - Continued Hearing held as soon as possibleHearing held as soon as possible Panel members review all relevant Panel members review all relevant

documents prior to hearing documents prior to hearing Panel pre-meeting held to discuss hearing Panel pre-meeting held to discuss hearing

process, including who can testify; process, including who can testify; Court not bound by strict legal rulesCourt not bound by strict legal rules Accused hears all evidence and can Accused hears all evidence and can

question witnesses; can request other question witnesses; can request other witnesses and provide additional witnesses and provide additional evidenceevidence

Hearing is recordedHearing is recorded

Other GuidelinesOther Guidelines Hearing closed to public - parents/other Hearing closed to public - parents/other

supporters cannot attendsupporters cannot attend Accused cannot participate in Accused cannot participate in

deliberationsdeliberations Guilty verdict rendered if preponderance Guilty verdict rendered if preponderance

of evidence supports accusationof evidence supports accusation Votes are recorded; majority required for Votes are recorded; majority required for

any decision; quorum required is 5any decision; quorum required is 5 Outcomes announced to those involved in Outcomes announced to those involved in

case (accusers, witnesses, etc.)case (accusers, witnesses, etc.)

Hearing ProcessHearing Process

Hearing Chair Hearing Chair reads charge reads charge & reviews & reviews processprocess

Witnesses for Witnesses for prosecution prosecution called and called and questionedquestioned

Witnesses for Witnesses for defense called defense called and questionedand questioned

Panel asks Panel asks accused accused final final questions questions

Accused Accused makes final makes final statement statement

InvestigatoInvestigator outlines r outlines casecase

Accused Accused makes makes

statementstatement

InvestigatInvestigator makes or makes final final statement statement

Panel Panel Deliberates, Deliberates, Investigator Investigator cannot votecannot vote

Presiding Officer informs Accused, Presiding Officer informs Accused, Dean and other hearing Dean and other hearing participants; delivers all evidence participants; delivers all evidence & recordings to Student Affairs& recordings to Student Affairs

HEARING PROCESSHEARING PROCESS

Not guilty, no further action

Guilty

Dean assigns Penalty, informs

Accused & Student Affairs

Penalty appealed to Chancellor forFinal Decision

0

Student Accepts or Appeals

Panel DecisionMade

PenaltiesPenalties

Court members can suggest penalty, Court members can suggest penalty, but final decision determined by the but final decision determined by the college Dean; penalty should match college Dean; penalty should match the severity of the infraction the severity of the infraction

Dean (or designee) must respond Dean (or designee) must respond within 10 days of receipt of a court within 10 days of receipt of a court decisiondecision

Appeal ProcessAppeal Process

Appeal of a Dean’s action must be Appeal of a Dean’s action must be filed with the Chancellor, in writing, filed with the Chancellor, in writing, within 10 days of receipt of his/her within 10 days of receipt of his/her decision. Student has the burden of decision. Student has the burden of proving the recommendation was proving the recommendation was unfairunfair

Chancellor or designee must respond Chancellor or designee must respond in 10 working days after receipt of in 10 working days after receipt of appeal; his/her decision is finalappeal; his/her decision is final

Responsibilities of Council Responsibilities of Council

Accusations Accusations mustmust be investigated be investigated promptly promptly

Confidentiality Confidentiality mustmust be maintained – be maintained –reputations are difficult to rebuildreputations are difficult to rebuild

Members should seek counsel from Members should seek counsel from faculty advisors, administrators, faculty advisors, administrators, classmates as needed (ex. Review a classmates as needed (ex. Review a tutorial on plagiarism if case involves tutorial on plagiarism if case involves this charge)this charge)

Concluding RemarksConcluding Remarks

Your job is vital to health/reputation Your job is vital to health/reputation of institution – You must be unbiasedof institution – You must be unbiased

Effectiveness in role requires you to Effectiveness in role requires you to be dispassionate and thoroughbe dispassionate and thorough

Frequently Asked QuestionsFrequently Asked Questions

Can you give us some suggestions Can you give us some suggestions for handling the hearings? for handling the hearings? Council Council should discuss how they want to should discuss how they want to handle testimony beforehand – handle testimony beforehand – youyou should determine who will speak and should determine who will speak and what is relevant. what is relevant. You You should set the should set the ground rules for anyone coming ground rules for anyone coming before you and halt the hearing if before you and halt the hearing if participants break these rules. participants break these rules.

FAQ’s ContinuedFAQ’s Continued

What role should faculty play at What role should faculty play at hearings? hearings? Their role is as an advisor Their role is as an advisor or as someone providing testimony, or as someone providing testimony, not as a prosecutor or defense not as a prosecutor or defense lawyerlawyer

How do we prevent retaliation How do we prevent retaliation against accusers? against accusers? These matters are These matters are confidential and those spreading confidential and those spreading rumors are in violation of the honor rumors are in violation of the honor code.code. Enforce this principle Enforce this principle