Procedures

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I.  Role of the Honor Code Council

• Duties of the HCC

II.  Discilinary Procedures  

• Initiation of the Disciplinary Procedure
• Cases Accepted by the HCC
• Hearing Board Proceedings
• Sanctions
• Appeal Procedures
• Records
• HCC Policy During Reading Days & Exams
• Cooperation of All Parties

Upon matriculation, each student brings a wide variety of experiences, hopes, and goals to Mount Holyoke College. These rich backgrounds create and continually shape our communal goals and ideals. As individuals entering a larger community, we recognize and affirm the honor system as the foundation upon which our community is built. We, the students of Mount Holyoke, recognize the fragility of this collective ideal, yet strive to achieve it nonetheless. To this end we choose to live by the following code of honor:

I will honor myself, my fellow students, and Mount Holyoke College by acting responsibly, honestly, and respectfully in both my words and deeds.

While this code of honor allows for a significant degree of individual freedom, the definition of a general framework of values is necessary. In choosing to live by a social honor code, we also agree to integrate the following standards into our own definition of personal honesty as outlined in the following interpretation of the code:
Though each student’s individual conception of responsibility is unique, we trust that every student will demonstrate ownership of her actions and will recognize the ways in which her actions affect her peers, the College, and the greater community. Each student maintains her ability to express herself with integrity, which is crucial to the development of a community that is personally challenging, both intellectually and socially. A sense of honesty is fostered by the individual’s ability to express herself in a candid and forthright manner. Respecting oneself and others requires that every individual maintain the integrity of her own values, while acting in a way that is careful and considerate of others. In our community, mutual respect can be obtained only by valuing free inquiry, respect for difference, and intellectual honesty.
The framework of our honor code assumes adherence to the rules and regulations of the College which are designed to promote intellectual and social pursuits and to ensure personal safety. In addition, the College protects and upholds human rights policies, and is committed to an inclusive and diverse community.

Statement on the Honor System

The honor code is the hallmark of life together at Mount Holyoke College. Simply stated, it means that each student is responsible for maintaining her own integrity and, to the best of her ability, the integrity of the Mount Holyoke community. While broad in its applications, it provides a guideline for decision making which holds each student to principles of good conduct toward herself and others. To ensure the care and preservation of the honor code, standards and procedures have been developed and implemented to provide the structure by which the honor code is administered. Students are expected to comply with the rules and regulations of the College. Beyond minimal compliance, students under an honor code grow to understand, through course work, collaborative learning, and living together, that honor is achieved with diligence, commitment, and courage.
The Mount Holyoke College honor system relies on the integrity of each student. The strength of the system derives from the honesty and self-discipline of every student and from the faith of the faculty and the administration in the student body. With integrity as the foundation, the honor system promotes individual freedom tempered by responsibility to the community. The student demonstrates her respect for individual freedom by conducting herself with maturity and honor, and by showing due concern for the welfare of other members of the community.
College regulations delineate the expected standard of behavior in academic and social circumstances. Dishonorable academic conduct, such as plagiarism and cheating, discredits the individual student. Behavior which is in conflict with the social regulations of the College is detrimental to the well-being of the Mount Holyoke community. Abiding by community standards, under the honor system, indicates a mature acceptance of community responsibility.

8. Advisor:
a. The HCC Advisor shall be a faculty or staff member appointed by the Associate Dean of the College/Dean of Students.  The primary role of the HCC Advisor is to provide the HCC with clarifying information and general assistance with the disciplinary process. 

b. The HCC Advisor does not serve as a voting member on all Hearing Boards, but does represent the Office of the Associate Dean of the College/Dean of Students.  The HCC Advisor may also, in his or her discretion, when circumstances warrant, extend or adjust time periods set forth in these procedures.

c.  The HCC Advisor will serve as a resource for the Advisory Board, Complainant, and Respondent during all cases and investigations.

II. Disciplinary Procedures
The HCC’s disciplinary process is a procedure for determining the facts surrounding a complaint that a student has violated College policy and for arriving at a fair and informed resolution of the complaint.  The procedures are designed to treat all matters individually, and to ensure fairness in all considerations.  The HCC is not designed to and should not be expected to function as a court of law and the College reserves the right to modify the College policy, the HCC disciplinary process, and any other provision contained herein.

A. The Initiation of the Disciplinary Procedure
1. Filing a Complaint
If a member of the Mount Holyoke community reasonably believes that a student has committed a violation of College policy, s/he should address her/his concerns to that student before filing a complaint with the HCC.  Any member of the Mount Holyoke community may file a complaint against a student, and complaints shall be lodged with the HCC.  The complaint must contain a detailed description of the conduct alleged to violate College policy, and specify the exact policy violated.  Complaint forms are available in the Office of the Associate Dean of the College/Dean of Students, from the Chair of the HCC, and online at http://www.mtholyoke.edu/offices/dos/20123.shtml

By filing a complaint with the HCC, the Complainant agrees to comply with all HCC Disciplinary Procedures.  A complaint may be withdrawn at any point before deliberation by the Hearing Board.  Complaints must normally be received within 14 days of the alleged violation, or within 14 days of the date that the Complainant became aware of the alleged violation.  If a complaint is filed after those 14-day periods, the HCC Advisor will determine whether or not to accept the case based on the specific reasons for the delay in filing.  In the event that a case is filed during January Term, College breaks, including summer, or significantly stressful academic times of year, the advisor may determine to alter the case timeline or refer the case to another office.
 
2. Initial Review of the Complaint by the HCC
Within seven days, or such further period of time as is warranted, after receiving the complaint the HCC shall make a judgment by majority vote, based on whether the complaint states a violation of College policy, to accept the case, refer the case to a college office for disposition, or dismiss the complaint.  If the case is accepted by the HCC, a hearing is organized.  If the complaint is dismissed, no record of the complaint shall be kept.  If the case is referred to another office all materials will be forwarded.

B. Cases Accepted by the HCC
Once a case has been accepted by the HCC, a hearing will be established to determine the facts and responsibility.  A letter will be sent from the Chair to all involved parties outlining the judicial procedures and timeline for a hearing.  A hearing will not take place earlier than seven days from the original acceptance of the case by the HCC. 
It is the responsibility of the Chair to ensure that all parties fully understand the charges brought against them, that they are informed of their rights and responsibilities under the disciplinary procedures, and that all details of the process are clear.  All procedural questions and support needed before a hearing should be directed to the Chair or HCC Advisor. 

In the event that there is an associated criminal complaint pending, the Hearing Board may, but is not required to, delay the hearing until the completion of the criminal proceedings.  All involved parties are required to attend the hearing.  Should a Complainant or Respondent not be present for the hearing, the HCC will proceed without their involvement and make a determination based upon the information provided.  Academic conflicts or inability to attend a hearing should be directed to the Advisor, who may decide to reschedule or proceed with the hearing. 

C. Hearing Board Proceedings
1. Composition of the Hearing Board
The composition of the Hearing Board will be determined at the discretion of the Chair.
The Hearing Board will consist of at least three student members.  A party has the right to request the exclusion of one Hearing Board member to protect against bias.  If the Chair is excluded in this process, the HCC will appoint another member of HCC to act as chair for the Hearing Board.  If a member of the Hearing Board is unable to attend the hearing or to continue participation in the hearing because of circumstances beyond her control, the hearing may continue before the three remaining members.

2. Conflicts of Interest
Any HCC member, the Respondent, or the Complainant must make known to the Chair any actual or perceived conflict of interest with regard to any proceeding conducted under these procedures within five days of the initial notification by the Chair.  The Respondent or Complainant must submit a written request demonstrating specific information why a particular person should not be a part of a Hearing Board for the case.  If the Chair deems that a conflict exists, another member will be substituted.

3. Presiding Role of the Chair of the HCC
The Chair of the HCC shall preside over Hearing Board meetings and is responsible for procedural correctness during the disciplinary process, but does not vote except to break a tie.  During the hearing, the Chair shall resolve any procedural question that may arise.  The Chair is responsible for ensuring the orderly conduct of hearings. 

4.    Hearing Procedure
When the HCC accepts a case the Respondent(s) and Complainant(s) will both be given an approximate timeline outline the process and hearing procedures.
At a hearing before the Hearing Board, the Complainant and Respondent will be given an opportunity to state their cases and will be expected to answer honestly and clearly any questions put to them by the Hearing Board. The Complainant, Respondent, and the Hearing Board may ask the Chair to admit witnesses to the case, and approval will be granted by the Chair based on the Chair’s judgment as to the relevance of a witness’s information.  The Chair will contact the witnesses to arrange for their appearance at the hearing. Both the Complainant and Respondent will be permitted to question each witness, provided their questioning is reasonable and relevant, as determined by the Chair.  If a witness is unavailable, his/her statement shall normally not be admitted.  The Hearing Board shall consider only information admitted at the hearing.  It is the responsibility of both the Complainant and Respondent to organize their cases to the best of their knowledge, providing all documentation, witnesses, and facts relevant to the matter. 

To the extent practicable, the Complainant and Respondent will both receive at least one day in advance a list of witnesses who will participate in the hearing.  Before the hearing proceedings, the Complainant and Respondent may not communicate (including written, telephone, email, verbal, etc.) with witnesses proposed by the other party. Any attempt to do so would be a violation of College policy.

It is expected that any member of the College community who is requested to be a witness will make every effort to attend the hearing.

The Hearing Board shall provide for a verbatim record, i.e., a tape recording of all hearings, which shall be available, together with copies of all exhibits, to the Complainant and Respondent for purposes of appeal.  All materials are confidential.  The Complainant or Respondent has the right to listen to the tapes in a confidential space arranged by the Dean of Students office.  The tapes will also be available, in the event of an appeal, to the Dean of the College.

The rules of evidence and procedures applicable to courts of law will not be applicable at the hearing.  The Chair may make appropriate rulings, including the inclusion or exclusion of information, to safeguard the fairness and integrity of the hearing.  The hearing will be conducted with an emphasis on the goals of attempting to ascertain the truth and reaching a finding that is appropriate to the rights of the students, to the College community, and to the educational mission of the College.

Except for members of the Hearing Board, the Complainant, Respondent, advisors, and witnesses while testifying, the hearing is closed.

5. Advisors to Complainants and Respondents
The Complainant and the Respondent may each be accompanied at the hearing by an advisor of their choosing.  The advisor must be a member of the Mount Holyoke College community. The advisor may consult with the student, but is not allowed to speak on her behalf.  The advisor may provide support for the student, but may not prepare or conduct the student’s case before the Hearing Board.  A Complainant or Respondent who wishes to have an advisor at the hearing, they must inform the Chair of the HCC of the name of the advisor twenty-four hours in advance of the hearing.

6. Decision of the Hearing Board
After the Complainant and Respondent have presented their cases and suggested possible outcomes, the Hearing Board will meet, in private, to determine whether a violation of College policy has occurred.  In making its determination, the Hearing Board will consider whether or not the conduct in question violated the values and standards of the community as expressed in the Honor Code and/or the College’s rules, regulations, and policies.  In determining whether a violation occurred, the Hearing Board will disregard any previous history of disciplinary action with respect to the Respondent, but the Respondent’s disciplinary record may be taken into account during the sanctioning process.  If the Hearing Board feels it needs to recess to the following day, it may do so.  A majority of the voting members of the Hearing Board is needed to find that a violation occurred. A tie can be broken by the Chair.

The Hearing Board will announce its findings to the Complainant and Respondent at the hearing. In the event that the Hearing Board needs more time to determine their finding, a recess will be organized and the Chair will inform the Complainant and Respondent of when they will reconvene.  In the event that the Respondent is found responsible for an Honor Code violation, all rulings on sanctions will then be announced at the hearing to the Respondent only, except to the extent that  the sanction affects the Complainant directly (e.g. a no contact agreement).  In these instances the Complainant will be notified of the sanction separately by the Hearing Board.  In the event that a Respondent is found not responsible for a violation, the case will be dismissed. 

The Chair will send a letter approved by the Board to the Complainant and Respondent summarizing the finding of the Board and the reasons for those findings and, if a violation was found, the sanctions to be imposed to the Respondent.  Sanctions will be shared with the Complainant only when they affect the Complainant directly. Where a violation has been found, this letter will be placed in the Respondent’s disciplinary file within the Dean of Students Office, indicating the violation found and that further violations shall result in increased sanctions.

7. Basis for the Hearing Board's Decision
The determination of a violation of the Honor Code and/or College policy shall be made on the basis of the Hearing Board's judgementt that the Respondent violated the Honor Code and/or College policy upon careful review of the information presented at the hearing.

8. Multiple Respondents
Where related offenses are charged against more than one student, the Chair may determine that the Hearing Board shall hear the cases together.  If the Chair concludes that this may result in unfairness to one or more students, she may direct that separate hearings be held.

D. Sanctions
Sanctions are to educate and restore the community.  Sanctions shall be determined by a majority vote of the Hearing Board.  While it is not possible to give a complete list of sanctions, the following list reflects a range of suggested sanctions.

1. Mandatory Educational Project
Required completion of an educational program (for example, Health Education Program)

2. Restitution
In money, or in kind, to the College or individual for a loss caused by the student charged.

3. Required Community Service
A student is required to engage in service to the Mount Holyoke community.

4. Permanent Loss or Suspension of Privileges for a Specified Time
a. Intercollegiate activities such as athletic contests, debating contests, or any similar activities as a representative of the College.
b. Any other specific right or privilege on campus or to use College facilities.
                 For example:
                           • Removal from office or position of responsibility
                           • Removal from residence hall
                           • Residence probation
                           • Removal from an intercollegiate activity

5. Social Probation
A written notice from the HCC that states that further violations during a specified period of time will result in increased sanctions.

6. Combination of Penalties
The HCC may impose a sanction combining various penalties when it deems such action appropriate.

7. Letter in Educational Record
The determination letter is placed in the student’s educational file and, subject to the requirements of the Family Educational Rights and Privacy Act (FERPA), will be accessible to future employers, graduate schools, etc. when a student requests that information be provided them.

8. Recommendations of Separation
When the Hearing Board determines that an appropriate sanction mandates a separation from the College, the Hearing Board will make this recommendation in writing to the Dean of the College.  The Dean of the College will either approve the recommended sanction or return the sanctioning process back to the Hearing Board.
a. Suspension in Abeyance
Subject to the same conditions as suspension, suspension in abeyance is a separation from the College for a designated amount of time.  However, the separation is delayed according to the circumstances of the individual situation.
b. Suspension from the College
Separation is for a stated period of time and implies automatic reinstatement.
c. Required Withdrawal
Separation is for an unspecified period, at least one semester; a student required to withdraw must apply for reinstatement.
d. Expulsion from the College
The permanent termination of an individual's status as a student, with the loss of all rights and privileges of a student at Mount Holyoke College. [All of these modes involve loss of money already paid.]
A student’s failure to fulfill sanctions imposed may result in further proceedings and additional sanction, including suspension or expulsion from the College.

E. Appeal Procedures
A Complainant or Respondent may appeal a finding to the Dean of the College on the grounds of new information, bias, procedural error or inappropriate sanction.  If the Dean of the College approved the sanction of the Hearing Board (separating the student from the College), a Respondent may then appeal this decision to the President of the College, whose decision will be final.

Appeals based on new information (i.e., information not known by or available to the appealing party at the time of the hearing) must be submitted by either the Complainant or the Respondent to the Dean of the College within 15 days after the information is discovered.  Appeals on any other basis (i.e., sanction, procedural error or bias) must be submitted within 15 days after the Complainant or Respondent has received written notification of the finding of the Hearing Board.

Once the Dean of the College has received a request for an appeal, he/she will notify the HCC. The HCC will provide the Dean of the College with the complaint form, a copy of all witness statements, Complainant and Respondent statements, copies of information presented at the hearing, the decision letter, and tapes or transcripts from the hearing.

The Dean of the College may uphold the previous decision, reverse or alter the previous decision, reduce the sanctions, or return the case to the HCC for further consideration or proceedings.

F. Records
All records of Disciplinary Procedures are kept in confidential files in Mary Lyon Hall.  Cases filed with the HCC are kept on file until a student's graduation.  Before graduation, only the Complainant, Respondent, Chair of the HCC, the HCC Advisor, the Associate Dean of the College/Dean of Students, the Dean of the College, and the President shall have access to the file.  After a student's graduation, the records are kept for three (3) years; after three (3) years, the identities of the individuals involved are redacted, but the records are kept for historical purposes.

A brief summary of every case accepted by the HCC will be published the following year for the benefit of the community.  Summaries will include the decision and sanction(s) (if any) without revealing the identity of the individuals involved.

G. HCC Policy During Reading Days and Exams
No disciplinary proceedings will take place during reading days or exams.  Complaints received later than one week prior to the end of classes will be referred to the Office of the Associate Dean of the College/Dean of Students.

Cooperation of All Parties
All parties with knowledge of facts pertaining to a case of alleged student misconduct are expected to cooperate fully with HCC Disciplinary Procedures and must appear, if requested, at HCC hearings. Parties/individuals refusing to cooperate with HCC Disciplinary Procedures forfeit their right to be heard.