Proposed By-Law Revisions: General Additions & Changes August 2015.

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Presentation transcript:

Proposed By-Law Revisions: General Additions & Changes August 2015

Proposed Article IV. Procedures; Post- Hearing Procedures, Appeals Old Version: b) Form of Appeal; Appeal Forwarded to Appeal Review Committee. All appeals must be in writing, and must be submitted to the Vice Chair for Trials. Each appeal must set forth the dismissed student’s name and trial date or LAG Date, as applicable, and should include an appeal “brief.” The appeal brief should describe the ground(s) on which the appeal is filed (i.e., new evidence or good cause), and should include a detailed prose narrative outlining the issue(s) on appeal, detailed arguments supporting each issue raised in the appeal, and any relevant attachments or information necessary to determine the factual accuracy of any claims raised in the appeal. For purposes hereof, references to an “appeal” shall mean the applicable appeal brief. New Version: b) Form of Appeal. An appeal will be considered only if: 1) It is submitted in writing to the Vice Chair for Hearings; 2) The appeal sets forth the dismissed student’s name and hearing date or LAG Date, as applicable; 3) The appeal states explicitly which verdicts are being appealed, if more than one accusation was heard at the hearing; 4) The appeal includes an appeal “Brief,” which should describe the ground(s) on which the appeal is filed (i.e., new evidence or good cause), and should include a detailed prose narrative outlining the issue(s) on appeal, detailed arguments supporting each issue raised in the appeal, and any relevant attachments or information necessary to determine the factual accuracy of any claims raised in the appeal. For purposes hereof, references to an “appeal” shall mean the applicable appeal brief.

Proposed Article II. Organization, C. Support Officers Old Version: Purpose: Support Officers help the Committee with the proper and fair administration of the Honor System. Support Officers can be assigned to assist with the processing of an Honor case in one of three roles: Honor Advisor, Honor Investigator, or Honor Hearing Advocates. All references to “Advisors,” “Investigators,” and “Hearing Advocates” in these By-laws shall be understood to refer only to these specific roles, and not to any standing sub-group of Support Officers. A Support Officer may never serve in more than one role on any one case. Beyond case processing, all Support Officers are expected to assist the Honor Committee in educating the community about the Honor System. Each Support Officer must be a University student. New Version: Purpose: Support Officers help the Committee with the proper and fair administration of the Honor System. Support Officers can be assigned to assist with the processing of an Honor case in one of three roles: Honor Advisor, Honor Investigator, or Honor Hearing Advocates. All references to “Advisors,” “Investigators,” and “Hearing Advocates” in these By-laws shall be understood to refer only to these specific roles, and not to any standing sub-group of Support Officers. Beyond case processing, all Support Officers are expected to assist the Honor Committee in educating the community about the Honor System. Each Support Officer must be a University student.

Proposed V. Procedures, H. Hearing Procedures, 2. Hearing Procedures, Order of Witnesses; Role of Hearing Chair (d) Old version: After the student panel has heard from all of the witnesses, the panel will recess to consider whether to recall witnesses for further questioning. Any witnesses recalled by the panel are subject to questioning by the parties or Advocates as well. Only the panel, however, may recall witnesses. New version: After the student panel has heard from all of the witnesses, the panel will recess to consider whether to recall witnesses for further questioning. Any witnesses recalled by the panel are subject to questioning by the parties or Advocates as well. Only the panel, however, may recall witnesses. If the panel recalls any witnesses for further questioning, the accused student reserves the right to appear as the last witness, even if he or she has already testified.

Proposed I. The Honor System, B. Jurisdiction, 4. General Rules (c,ii) Old version: within a period of two years after the University student was no longer registered or enrolled, but only with respect to alleged Lying by such student in any University disciplinary proceedings arising out of such student’s own conduct, including, without limitation, any proceedings of the University’s Judiciary Committee, the University’s Sexual Misconduct Board, or the Honor Committee itself. New version: within a period of two years after the University student was no longer registered or enrolled, but only with respect to alleged Lying by such student in any University disciplinary proceedings arising out of such student’s own conduct, including, without limitation, any proceedings of the University’s Judiciary Committee or the Honor Committee itself.

Proposed Article IV. Procedures, G. Pre-Hearing Conference, Written Pre-Hearing Conference. At the discretion of the Pre-Hearing Coordinator, the Pre-Hearing Conference may be conducted through written communication. All relevant motions and evidence should be distributed via electronic mail to all parties. The Written Pre-Hearing Conference should not be used for the first Pre-Hearing Conference for any given case, except under exceptional circumstances and with permission from the Vice Chair for Hearings.