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1. Preamble

Persons who come to Oglethorpe University for work and study join a community that is committed to high standards of academic honesty. The Honor Code contains the responsibilities we accept by becoming members of the community and the procedures we will follow should our commitment to honesty be broken.

The students and faculty of Oglethorpe University expect each other to be truthful in the academic endeavor they share. Members of the faculty assume that students complete work honestly and act toward them in ways consistent with that assumption. Students are expected to behave honorably in their academic work and are required to insist on honest behavior from their peers. Students who suspect that dishonorable conduct has occurred must report any suspected violations to the Honor Council. Failure to report a suspected Honor Code violation itself constitutes a violation of the Code of Student Conduct.

Oglethorpe welcomes all who accept our principles of honest behavior. We believe that this Code will enrich our years at the University and allow us to begin practicing the honorable, self-governed lives expected of society’s leaders.

2. Pledge

Students pledge that they have completed assignments honestly by attaching the following statement to each test, quiz, paper, overnight assignment, in-class essay, or other work:

I pledge that I have neither given nor received any unauthorized aid on this assignment.

(Signed) _________________________________________

It will be the responsibility of the student to provide these pledges by either attaching them on a separate sheet of paper or typing them as part of the assignment. In the case of work submitted electronically, either an electronic signature or a pledge on a separate sheet should be provided by the student. The instructor should also remind the class to sign the pledge. The pledge serves as an affirmation of the students’ and instructors’ belief in the principles of the Honor Code. Students should not consider their work to be complete without the pledge.

Instructors should include a statement concerning the Honor Code in their syllabi indicating that all work in the course is subject to the terms of the Honor Code. Failure to sign the pledge, or failure of an instructor to remind students to sign the pledge, in no way relieves either students or faculty members of their responsibilities under the Code.

3. Faculty

Since it is assumed that students act according to their pledge, faculty abstain from any practices whose purpose is to ascertain that students have been dishonest unless there is a compelling reason to believe that cheating has taken place. Instructors should invite their students to discuss with them actions or policies that appear to be at variance with the assumption of honesty.

4. Jurisdiction

All courses offered by the University for academic credit are covered by the Honor Code, and all cases of suspected academic dishonesty will be handled in accordance to its provisions. The Honor Council has sole jurisdiction in matters of suspected academic dishonesty. It is the responsibility of faculty members to make clear how the Honor Code applies in specific courses and to follow appropriate procedures. Alternative ways of dealing with cases are not to be used. In cases of academic dishonesty on the part of students, the Honor Council is the final arbiter. In cases where a faculty member engages in practices that seem to be contrary to the Honor Code, the honor Council will refer such cases to the Provost. The Jurisdiction of the Honor Council does not extend to matters of either faculty discipline or non-academic student conduct.

5. Definitions

The following definitions shall be considered as authoritative for the framing of charges. Faculty members should include these definitions in their syllabi and provide students with clear explanations of what does and does not constitute “authorized” aid. Students are likewise obligated to ensure that their work is free from suspicion of cheating or plagiarism as these terms are defined below. The absence of the definitions or of explanatory discussion in syllabi in no way relieves students of their responsibilities under the Code.

5.1. Cheating

Cheating is defined as:

  1. The unauthorized possession or use of notes, texts, or other such materials during an examination.
  2. Copying another person’s work or participation in such an effort.
  3. An attempt or participation in an attempt to fulfill the requirements of a course with work other than one’s original work for that course.

Students have the responsibility of avoiding participation in cheating incidents by doing their own work, taking precautions against others copying their work, and in general not giving or receiving aid beyond what is authorized by the instructor.

5.2. Plagiarism

Plagiarism includes representing someone else’s words, ideas, data, or original research as one’s own, and in general failing to footnote or otherwise acknowledge the source of such work. One has the responsibility of avoiding plagiarism by taking adequate notes on reference materials, including material taken off the internet or other electronic sources, used in the preparation of reports, papers, and other coursework.

6. Honor Council

6.1 Composition

At the beginning of each academic year, students and faculty members will be selected to serve on the Honor Council. The Secretary of the Council will convene the new Honor Council as soon as is convenient after the selection process is complete. At the first meeting, new members will be instructed in procedure. When a case comes forward, the Secretary of the Council will constitute an honor council made up of five students and two faculty members, called from the pool of students and faculty members selected according to the provisions in section 6.4. The composition of the council shall be as follows:

1 Sophomore
2 Juniors
2 Seniors
2 Faculty members (one of whom must be in the second year of his or her term)
1 Secretary of the Council (Associate Provost or designated senior faculty member)

Any students or faculty members who have not sat on a particular case will be eligible to hear appeals of that case (cf. Section 8 below).

At the end of each academic year, the Council will meet and, after review of the cases heard in the previous year, make recommendations for changes in procedure or possible amendments to the code. The Secretary of the Council will make a formal report along with any recommendations at the March Faculty Meeting.

6.2. Quorum

Five members constitute a quorum.

6.3. Officers

The officers of the Council will be:

Presiding officer: A student, preferably a Senior, elected by the students on the Council.
Secretary: Associate Provost or designated senior faculty member

6.3.1. Presiding officer

The presiding officer will read the charge and direct the questioning of the suspect and witnesses and generally maintain order during the hearing.

6.3.2. Secretary of the Councils

The Secretary will have responsibility for calling the Honor Council, scheduling the hearing, contacting the suspect and witnesses, and maintaining and written record of the hearings. After the hearing is completed, the Secretary will inform the suspect of the outcome and make the appropriate reports to the faculty member involved, the provost, the registrar, and, if necessary, the Dean of Students.

The Secretary of the Councils will present a report to the faculty at the March Faculty Meeting, discussion the cases that have come forward in the previous 12 months and indicating any suggested revisions to the code, to be voted on by the faculty.

6.4. Selection

6.4.1. Student Members

Student members of the Council will be elected by their peers in a general election held at the beginning of each school year. A student may nominate another student or submit his or her name for candidacy. Full-time traditional undergraduate and University College students are eligible for election. Elections will be held no later than September 15. Throughout the course of the year, any student who has been elected may be called by the Secretary of the Council to hear cases or appeals.

Outgoing members student members will help to orient incoming students in the principles and practice of the Honor Code during Freshman orientation. Current members will assist in the orientation of new and transfer students in the Spring.

6.4.2. Faculty Members

Each year three faculty members will be selected at random for two years terms. All full-time tenure-track or tenured faculty members are eligible for selection. Only faculty members who have completed their second year review will be eligible to serve.

The faculty members on the council, will help with the orientation of new faculty in explaining the principles and practice of the Honor Code.

6.4.3. Service Mandatory Except under Special Circumstances

As members of the Oglethorpe University community, all students and faculty members are obligated to serve on the Honor Council. Exemptions will only under special circumstances at the discretion of the Secretary of the Council. On any given case, Honor Council members may decline to serve when they believe that personal interests might interfere with their impartiality in deciding the case.

Refusal on the part of students to serve will be considered a violation of the Code of Student Conduct. Refusal of faculty members to serve will be dealt with by the Provost.

6.5 Fall and Spring Terms

Formation of the Council will be completed in the Fall by September 15. The terms are for Fall and Spring semesters. If a Council member does not return for Spring semester the Provost may select a student or faculty member to fill any unexpired term.

6.6 Summer Term

The Honor Council will continue to perform its duties through the Summer term. Its student members will be randomly selected from those students who served during the regular academic year and who attend Summer term. Any appeals of Honor Council actions will be deferred until the beginning of the Fall term, following the procedures in Section 8. Vacancies will be filled by new random selections after pre-registration for Summer and Fall terms.

The terms of faculty members extend through the Summer. The Provost will fill any vacancies with selections from the full-time faculty teaching in the Summer Session.

7. Procedures

7.1 Reporting

It is the responsibility of all students and faculty to report suspected violations of the Honor Code. Students may report either to the professor of the class in which the suspected violation occurred, to the Secretary of the Council, the office of the Provost, or the office of Student Life. Forms for reported violations will be included in orientation materials, the O-Book, and will also be available online. A signed form in the hands of the Secretary constitutes a report of a suspected violation.

Failure to report a case of suspected cheating either to the professor or to the Secretary of the Council may be considered to constitute a breach of the Code of Student Conduct under Section B. Such cases should be referred to the Chief Conduct Officer.

7.2 Preliminary Investigation

Upon receiving a report of a suspected violation, the Secretary shall inform the professor in the class, the Presiding Officer of the Council, and the alleged offender. The officers of the Council and the ranking faculty member constitute an Investigatory Panel which will conduct a preliminary investigation to ascertain whether or not there is sufficient evidence to warrant a hearing. If the Investigatory Panel does not think there is sufficient evidence to warrant a hearing, the professor has the right to request a review of the evidence by the full Council. If the full Council feels the evidence sufficiently compelling, the hearing may proceed.

If the Panel decides that the evidence does warrant a hearing, the suspected offender will be asked to meet with the members of the Investigatory Panel in a preliminary hearing. At that time, the Panel will present the evidence to the suspected offender and ask the latter to enter a plea. Pleas will be entered in writing. Should the suspected offender choose to plead guilty, he or she will thereby waive any right to a subsequent hearing by the full Council and acknowledges his or her willingness to accept whatever sanctions the Council should decide to impose.

In cases where the student has admitted to violating the Honor Code, the professor is still required to submit a written report with documentation to the Secretary of the Council. In all cases, regardless of the plea entered, the Investigatory Panel will decide whether or not to convene a hearing. The Honor Council as a whole will assess the appropriate penalty, whether a hearing is held or not.

Should the suspected offender fail to answer the summons of the Investigatory Panel within five business days, the members of the Penal may recommend a hearing In Absentia.

Anyone reporting a suspected violation remains anonymous to all except the Investigatory Panel until it is determined that a hearing will be held. Then the person reporting the violation will appear at the hearing in the presence of the alleged offender.

7.3. Hearing

7.3.1. Rights of the Accused

  1. The right to be notified of having been charged with violating the Honor Code as expeditiously as possible (and, in any event, within three business days) once the Investigatory Panel has determined that a hearing should occur.
     
  2. Upon being charged by the Investigatory Panel, the right to a hearing within the following ten business days.
     
  3. The right to be accompanied by two advisors from the University Community. In cases where English is not the first language of the accused, the following exception to this rule may be made. The accused may request in writing to be allowed to bring a translator or interpreter to the hearing. The translator or interpreter must meet all other stipulations in the Honor Code procedures. The advisors may act on behalf of the accused in all matters of procedure, such as cross-examination, calling witnesses, etc.
     
  4. The right to enter a plea.
     
  5. The right during the hearing to offer opening and closing statements, cross-examine witnesses, call material witnesses, and no more than two non-material (character) witnesses.
     
  6. The right to be present, together with advisors, during the entirety of the hearing. Disruptive behavior may result in expulsion from the hearing, at the discretion of the Presiding Officer.
     
  7. The right to challenge the impartiality of any specific member of the Council providing that such charges can be substantiated.
     
  8. The right to a copy of the minutes of the proceedings.
     
  9. In the event of a not-guilty verdict, the right to be free from being charged twice for the same incident.
     
  10. The right to attend any and all University classes, events, and functions prior to a verdict.
     
  11. The right to separate hearings for joint alleged offenses.
     
  12. Under certain circumstances, the right to appeal an adverse decision. Procedures and criteria relating to appeals are specified in section 8.
     
  13. The right to absolute confidentiality of all participants.

7.3.2. Rights listed not exhaustive

The rights listed in Section 7.3.1 shall not be construed as exhaustive.

7.3.3. Rights not accorded

  1. Formal rules of evidence shall not be in effect. All pertinent matters shall be admitted into evidence, including circumstantial evidence and hearsay, the value of which shall be weighted accordingly.
  2. The defendant does not have the right to be represented by professional legal counsel during the hearing. Outside experts may also not be used.
  3. Affidavits are not admissible under any circumstances.
  4. Any evidence that the accused, or any party acting on his or her behalf, has threatened, accosted, or otherwise intimidate his or her accuser or any adverse witness prior to the hearing shall be admissible evidence and shall be construed as a most serious breach of conduct, punishable according to section B of the Oglethorpe Code of Student Conduct.
  5. While the Honor Council should, under section 7.3.1.a, inform the accused of any suspected violations, the Council reserves the right to investigate any additional violations that may come to light during the hearing. These would include, but not be limited to, evidence of continuing subversion and multiple infractions.
  6. The Honor Council reserves the right not to grant extensions on hearing dates beyond the ten business days indicated in section 7.3.1.b.

7.3.4. Evidence and witnesses

  1. Upon receipt of a call for a hearing by the Investigatory Panel, the Secretary of the Council shall summon any and all witnesses.
  2. It will be the responsibility of the accused to summon witnesses to testify on his or her behalf.
  3. Non-material witnesses (character witnesses) shall by limited to two.
  4. The accused may have two advisors from the University community, either students, staff, or faculty members.
  5. The accused or the his or her advisors may question witnesses and have the right to cross-examination.
  6. A witness shall not be present during the testimony of other witnesses.

7.3.5. Failure to appear

Should a student who has been charged with a violation of the Honor Code according to section 7.2 fail to appear for the hearing at the scheduled day and time, the Honor Council may decide to continue with the hearing and issue a verdict In Absentia. Such verdict will be binding as if the accused were present.

Any student summoned as a witness who fails to attend the hearing may be subject to prosecution under Section B of the Oglethorpe Code of Student Conduct. Should a faculty or staff member fail to answer a summons from the Honor Council, such cases should be referred to the Provost.

7.3.6. Specification of offense

By the end of the hearing, the Council will have found the accused to be either innocent or guilty of one of the following offenses:

  1. Academic Dishonesty, including willful cheating on a single assignment. This would include:
  1. Copying answers from another student
  2. Using unauthorized sources, such as notes or books
  3. Plagiarism
  4. Providing unauthorized aid to a student in the same course
  1. A continuing pattern of subversion of the system. This would include:
  1. Multiple acts of academic dishonesty by a single individual
  2. Providing aid to another student while not enrolled in the class in which the act of dishonesty occurs

Where the Honor Council is unable to assign an appropriate penalty, following the limits of its jurisdiction, such cases should immediately be referred to the Provost or Chief Conduct Officer as appropriate.

7.3.7. Voting

Voting of the Honor Council shall be by secret ballot. Ballots will be counted by the Presiding Officer.

7.4. Penalties

If the Council determines that a student has committed one of the offenses listed in Section 7.3.6, it may assess the following penalties according to the severity of the offense:

  1. F on the assignment
  2. F in the course
  3. Suspension for the next full semester
  4. Expulsion with the right to reapply after one academic year
  5. Permanent Expulsion from Oglethorpe University

The first three penalties are recommended in cases of academic dishonesty. The first penalty is recommended in cases where the scale of cheating or plagiarism is minimal. This would include copying some, but not all, answers from another student or a paper where plagiarized material constitutes no more that one-fifth of the total word count. The second would apply where a student has copied or plagiarized extensively or where the incident required a degree of preparation before hand, such as downloading entire papers or preparing cheat sheets before an exam. The third is recommended in cases where a student has given aid while not enrolled. In all cases, the Honor Council is free to apply whichever of the penalties listed above seems fit, except where a student has been found guilty of a second offense. The penalty for any second offense shall be expulsion.

7.5 Reporting of verdict

If the Honor Council determines that a student has violated the Honor Code, the student will be informed immediately. The Secretary of the Council shall also inform the Provost, the professor, the chair of the division in which the violation occurred, the student’s academic advisor, and the Registrar of the Council’s decision, including any penalties, within the next two business days.

Faculty members are expected to abide by the decision of the Honor Council regarding penalties assessed. If a case has not been resolved by the time that final grades are due, the instructor should issue a grade of I (incomplete) indicating on the grade roll that the case is pending before the Honor Council. Under no circumstances should instructors impose any grading penalties prior to notification of the results of the hearing or at variance with the decision of the Council.

7.6 Records

The Secretary of the Council shall keep minutes of all meetings of the investigatory panel, preliminary hearings, and final hearings. Minutes and material evidence from previous cases will be available to the members of the Honor Council for review in considering future cases.

8. Appeals

8.1. Grounds for appeal

A student who has been found guilty of violating the Honor Code by the Honor Council has the right to appeal the decision to the Provost. The appeal must be made in writing within three business days of notification of the Honor Council’s decision. Appeals may be granted under the following circumstances:

  1. If the Honor Council deviated substantially from the rules and procedures laid out in the Honor Code in determining the case
     
  2. If there is additional evidence that could have a bearing on the outcome of the case

8.2 Jurisdiction

Following submission of an appeal, the Provost will summon a Review Board which will examine the appeal and decide whether a new hearing is warranted.

8.3 Review Board

The Review Board will be made up of two faculty members who have most recently completed terms on the Honor Council.

8.4. Procedures

If the Review Board determines that a new hearing is warranted according to the stipulations in section 8.1, the Secretary of the Council will convene an appeal hearing. The appeal will be heard by a special appeals council made up of the members of the Review Board along with five students (one sophomore, two juniors, and two seniors) chosen from the existing pool who had not heard the original case. The Secretary of the Councils shall record the proceedings of the hearings. Procedures for the appeals hearing shall be the same as those laid out in section 7.3.

8.5. Results of Appeal

The Appeals Council may decide either to uphold or overturn the decision of the Honor Council. If the verdict is overturned, the Secretary of the Council should inform the Provost, professor, and Registrar of the results of the appeal. Any person acquitted on appeal may not be charged a second time for the same offense. If the Appeals Council decides to uphold the original ruling, no further appeals may be granted.

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