Honor Code

Code of Non-Academic Conduct

1. The voting membership of the Graduate Community Standards Board (GCSB) shall consist of seven graduate students, each serving a one-year term.
2. The advisory membership of the GCSB shall consist of one graduate faculty member,  and the directors of graduate student services and graduate studies, all serving ex officio.
3. The GCSB will be administrated by the Assistant Dean of Students and Director of Community Standards in the Student Affairs/Dean’s Office.

1. The voting membership of  the GCSB shall be selected from the registered MA and PhD seeking graduate students of the University.
2. All voting members shall be selected to one full academic year, including both fall and spring semesters. Additional members may be selected to fill vacancies. Substitute members will serve for the duration of the unexpired term.
3. Voting members shall be elected by the Graduate Student Association.
4. A voting member of the GCSB may be removed from the board, for cause, by the administrator of the GCSB. Complaints against a voting member of the GCSB should be submitted to the administrator of the GCSB, the director of graduate studies, or the director of graduate student services.
5. A graduate student who is a GCSB member and is named as a respondent to a complaint may not serve on a hearing panel while that complaint is pending resolution.
6. A graduate student found responsible for a violation of the honor code or code of non-academic may not serve as a member of the GCSB.
7. A voting member of the GCSB may serve concurrently on the Graduate Council.
8. The faculty advisors to the GCSB will be selected by the Graduate Council and will be expected to participate in GCSB training.

1.  The voting members shall select, with the approval of the administrator of the GCSB, one chair, normally serving a one-year term.
2. The chair shall review complaints as they are received in consultation with the administrator of the GCSB on the appropriate method of adjudication.  The GCSB administrator willschedule judicial hearings as appropriate. The chair of each hearing will complete the appropriate forms and submit findings via Maxient (pending approval from  the GCSB administrator.)

1. The GCSB shall hear complaints concerning alleged violations of  the Code of  Non-Academic Conduct and/or the Honor Code by graduate students or by graduate student groups. When appropriate, the GCSB shall attempt to refer cases for mediation prior to any formal adjudication. Cases involving allegations of sexual assault may not be referred for mediation and will be adjudicated in accordance with the procedures outlined in the Discriminatory Harassment and Sexual Misconduct policy (http://www.wesleyan.edu/inclusion/misconduct/index.html).  In all cases, the GCSB shall determine the level of  individual and/or group responsibility for the incident leading to the complaint.
2. The GCSB shall be responsible for primary adjudication of all alleged violations of the Code of Non-Academic Conduct and the Honor Code, except those cases that may arise when the GCSB cannot convene (summer, recess periods, etc.). Cases arising when the GCSB cannot convene may be held in abeyance until such time as the GCSB reconvenes, may be disposed of via judicial conference, or may be adjudicated by an interim administrative judicial board. 
3. In order to permit the expeditious handling of cases in which mediation is feasible or of minor judicial matters, the GCSB may, with the approval of  the administrator of the GCSB, develop simplified procedures and may delegate the responsibilities for mediation or adjudication.
4. In judicial matters, the GCSB shall receive evidence, hear witnesses, determine if the reported graduate student(s) or group is responsible for violations of the Code of Non-Academic Conduct or the Honor Code, and shall recommend sanctions to the administrator of the GCSB. In a formal sense, the authority to impose sanctions in the name of the University must be vested in an officer of the University. The board will forward its finding and recommended sanction(s) to the vice president for student affairs who will review and implement them in the name of the University. The considered judgment of the board shall be taken by the vice president for student affairs as a binding recommendation, to be modified only in extraordinary circumstances.
5. The role of the administrator of the GCSB is to brief the GCSB before each hearing to ensure a clear understanding of the regulation(s) in question and of the hearing procedures. The administrator shall advise the chair during full hearings to see that the board correctly follows procedures. The administrator may offer information and assist the chair in facilitation. The administrator may also offer advice or clarification regarding appropriate sanctions or questions regarding policies and procedures during deliberations in closed session.

1. Written notice of charges, including time and place of the alleged violation, at least seventy-two (72) hours' prior to a GCSB hearing.
2. Advice from the Office of Graduate Student Services in preparing for a hearing.
3. Resolution of charges in accordance with judicial system policies as outlined.
4. Review of the reports that serve as the basis for the charge(s).
5. Participation in the hearing, if the case is not resolved via judicial conference.
6. Assistance from a process advisor.
7. Written notice of the hearing decision.
8. File an appeal.
9. Confidentiality regarding the outcome of their hearing (except for the complainant's right to be informed of the GJB’s hearing) and any subsequent appeal.

1. JUDICIAL CONFERENCE

Minor judicial matters and Non-Academic Conduct cases where mediation is feasible will be referred to the GCSB administrator who will contact the respondent(s) and attempt to resolve the case via a judicial conference. During the judicial conference, the respondent(s) and GCSB administrator will discuss the incident, alleged violations, and possible sanctions. If an agreement regarding the student’s level of responsibility and sanctions (if appropriate) can be reached during the conference, the student will sign a summary/response form indicating their agreement with the proposed resolution and the case will be considered closed. If no agreement can be reached, the case will be referred to the Graduate Community Standards Board for formal adjudication.

2. SIMPLIFIED GCSB HEARINGS

In cases involving minor violations, the GCSB shall convene a simplified hearing. At such a hearing, the board shall meet with three voting members present. Although permitted, advisors do not normally attend simplified hearings. A limited range of sanctions including disciplinary warning, disciplinary probation, community service assignments, fines, restitution, and educational assignments is available in the procedure. If, during the course of a simplified hearing, the GCSB determines that the nature of the violation and/or probable sanctions are more serious than anticipated, the simplified hearing may be adjourned in favor of  a full hearing.

3. FUll GCSB HEARINGS

In cases involving violations that are deemed to be serious, the GCSB shall convene a full hearing. At such a hearing, the board shall meet with five voting members present, the faculty advisor, and the  GCSB administrator or the director of graduate student services. The full range of sanctions is available in this procedure. In cases where the administration identifies itself as the aggrieved party, the administrative advisor should withdraw and will be replaced by  the director of graduate student services . This procedure should not be followed when the administration brings a case on behalf of an aggrieved third party.

If a graduate student’s continued presence on campus endangers university property, the physical safety or well-being of other members of the university community, affects the individual’s physical or emotional safety or well- being, or disrupts the educational process of the community, the GCSB administrator may request an expedited hearing.

An expedited hearing will be convened immediately (typically within 48 hours) and may involve an interim board if the GCSB is unable to convene on such short notice. Examples of cases that warrant such a hearing include, but are not limited to, cases involving arson, assault, sexual misconduct, threats, and reckless endangerment. The GCSB administrator has the authority to place a student on an immediate suspension pending the outcome of the hearing.

4. JOINT GRADUATE STUDENT-ADMINISTRATIVE PANEL

When the GCSB chair and advisors determine that a case involves egregious violations and/or serious violations where external legal charges may also result from the alleged conduct, a joint student-administrative panel may be convened to hear the case. At such a hearing, the panel shall be comprised of two graduate student members of the GJB and two administrators, all with full voice and vote. At least one of the GJB’s administrative advisors should serve on the panel. The full range of sanctions is available in this procedure. If  the board is unable to come to a consensus on the case during deliberations, the director of graduate studies may make the final determination. The director of graduate studies may consult with the University’s legal advisor if  appropriate.

5. JOINT GJB-SJB PANEL

When the GJB chair determines that a case involves both an undergraduate(s) student(s) and a graduate student(s), a joint GCSB-CSB panel may be convened to hear the case. At such a hearing, the panel shall be comprised of two student members and one advisor member from each of the GCSB and CSB panels. A graduate student is defined as a student who has completed all bachelor’s degree requirements and received a four-year undergraduate degree.

6. Interim Administrative Panel

An interim administrative board shall be comprised of the an advisor to the GCSB and at least one graduate student member of the GCSB. The GCSB administrator will consult with a designated representative from the GCSB in order to determine the manner in which cases should be resolved when the GCSB cannot convene.

5. Only individuals with direct knowledge of the incident will be allowed as witnesses. Character witnesses are not permitted.

6. The chair (or designee) will generate a written summary of all hearings. Full hearings may also be audio-recorded. Written summaries will be maintained with the case file. Audio recordings of the hearings are to be used by the board during deliberations and/or by the vice president for student affairs if there is an appeal of the board’s findings. Audio recordings will be destroyed after the appeal process is complete.

7. Graduate student judicial records are confidential and are available only to persons who have permission from the student. Limited judicial information may be shared with other university administrators and faculty members who, at the discretion of  the director of  graduate studies have a legitimate need to know.

8. All hearings are closed to the general public.

9. If a respondent fails to appear for a scheduled hearing concerning alleged violations of the Code of Non-academic Conduct, the board will hear the case based on the available information. The University will not necessarily drop charges of misconduct because a respondent leaves the University for any reason (e.g., voluntary withdrawal, required resignation, separation, or dismissal).

10. A respondent may bring an advisor to a hearing. The advisor must be a graduate student, a member of the faculty, or an administrator at the University. During the hearing, the advisor may only advise during recesses granted by the board and may clarify procedural questions before, during, or after the hearing.

11. The board will make decisions about responsibility and sanction(s), if appropriate, during closed session, and their decisions regarding responsibility shall be based on the evidential standard of “fair preponderance.” The board is responsible for determining if it is more likely than not that the alleged violation occurred. The party bringing the charges need not provide evidence beyond a reasonable doubt in a hearing. Decisions rendered during hearings shall be by majority vote of the voting members present. The board will forward its finding and recommended sanction(s) to the administrator of the GCSB who will review and implement them in the name of the University. The considered judgment of the board shall be taken by  GCSB administrator as a binding recommendation, to be modified only in extraordinary circumstances.

12. The University requires that judicial boards and administrative staff maintain confidentiality regarding judicial matters. Individual(s) who reported the alleged violation(s) will be informed of the board’s decision. Information about assigned sanctions will be shared with reporting parties as deemed appropriate by the board.

The director of graduate studies and the director of graduate student services may share information about judicial charges, findings, and sanctions with university personnel who, at the discretion of the director of graduate studies and the director of  graduate student services, have a legitimate need to know.

1. NOT RESPONSIBLE

A decision that the respondent is not responsible for a violation of the Code of Non-Academic Conduct nor the Honor Code, or that there is insufficient evidence to establish that a student is responsible for the alleged violation(s).

2. RESPONSIBLE

A decision that the respondent is responsible for a violation of policy as charged. A finding of violation of the Honor Code shall require the unanimous vote of  the board.

In cases of violation of  the Honor Code, the board shall invoke such sanctions as it sees fit. The board will forward its finding and recommended sanction(s) to the vice president for student affairs who will review and implement them in the name of the University. The considered judgment of the board shall be taken by the vice president for student affairs as a binding recommendation, to be modified only in extraordinary circumstances. When sanctions entail changes in grades, the faculty member(s) involved is(are) required to implement the decision of the GCSB.

2. The board will consider a range of sanctions of graduated severity to deal with infractions of varying seriousness including but not limited to community service, fines, restitution, educational assignments, and referrals to other university administrators. Based on the findings, the board will normally recommend the imposition of  one of  the following sanctions:

A. DISCIPLINARY WARNING: An official written reprimand that includes a warning that further violations of the Code of  Non-Academic Conduct or the Honor Code will result in more serious sanctions.

B. DISCIPLINARY PROBATION: A temporary status for a period to be established by the board, during which the graduate student’s standing within the University is in question. Additional violations during the probationary period may result in suspension or dismissal.

D. SUSPENSION: A graduate student’s removal from the institution for a period to be determined by the judiciary, but in no event less than the remaining portion of the semester during which the case is adjudicated. Graduate students must comply with the terms of  their suspension in order to be eligible to return to the University.

E. DISMISSAL: A graduate student’s permanent removal from the institution.

3. In cases of damage to university property, the board, as a part of its recommendation to the director of graduate studies, should normally require full restitution and/or any reasonable expenses for repair. The board may recommend restitution for damages suffered by a third party, but cannot collect damages on behalf  of  a third party.

4. The board may recommend restriction of individual access to specific university facilities, limitation of individual participation in specific university activities, or curtailment of privileges that are enjoyed by a student, so long as these restrictions are directly relevant to the violation.

5. REPEAT VIOLATIONS: In the case of repeated violations or violation in deliberate disregard of a specific warning, a student will be subject to more serious sanctions than would otherwise be the case. A prior disciplinary record is never relevant in determining the facts of an incident, but once the facts have been established, it is relevant in determining appropriate sanctions.

6. SANCTIONS RELATED TO GROUP BEHAVIOR: In addition to recommending other sanctions such as community service, fines, educational assignments, restitution, etc., the board may recommend the imposition of  the following sanctions:

A. A written disciplinary warning with a copy maintained in the judicial file. The warning may specify corrective measures that can help the group avoid similar complaints in the future.

B. Disciplinary probation for a period to be established by the board, implying that the group’s standing within the University is in jeopardy and that further negligent or willful violations will normally result in suspension of university recognition or affiliation. Disciplinary probation may include restrictions on the group’s functions during the probationary period. The group should also be informed of corrective measures that must be undertaken during the probationary period and maintained after its conclusion.

C. SUSPENSION OF UNIVERSITY RECOGNITION: a group desiring to reestablish a relationship with the University must reapply for recognition or affiliation by the University through the director of graduate studies.

Appeals of  judicial findings may be directed to the vice president for student affairs (VPSA) who will convene an Appeals Board. The board shall consist of the VPSA as chairperson, one faculty member and one student member. The faculty member shall be selected from among those trained as judicial process advisors, Honor Board and Community Standars Board advisors, or Title IX panelists. The VPSA will select a student member from the membership of the Graduate Community Standards Board, on a case by case basis. Appeals Board members will not have been involved in the adjudication of the case being appealed. Consistent with Wesleyan's adjudication processes, the student member of the appeals board will be replaced by a second faculty/staff member in cases of sexual misconduct and assault.  

The purpose of the Appeals Board is to ensure that hearings were conducted according to the established judicial procedures. The Appeals Board will not substitute its own judgment for that of the original hearing body. Respondents who have been found to be in violation may appeal the decision to the Appeals Board on the basis of the following grounds:

1. Violation of fair process;

2. New evidence that was not reasonably available at the time of the hearing;

3. Procedural error (if the error adversely affected the outcome of the hearing).

Students who wish to appeal must do so in writing. The appeal letter must clearly state the grounds and rationale for the appeal. Appeal letters should be addressed to the VPSA and must be submitted within five business days of the hearing decision.

Sanctions resulting from the case will not typically be implemented until after the appeal is resolved. If an expedited full hearing results in a student’s immediate suspension or dismissal, the student must leave campus and remain off campus during the appeal process.

The VPSA will notify the student of the outcome of the appeal. If the appeal is granted, the Appeals Board has the authority to recommend a new hearing before a new board/panel. If the appeal is denied, the sanctions will be imposed and the University will consider the case closed.

2. REVISIONS

The president has the authority to make changes to the Code of Non-Academic Conduct, the Honor Code, or related procedures. Changes should be proposed to the director of graduate studies. The director of graduate studies will consult with the members of the GCSB and with the Graduate Council about the proposed changes before forwarding recommendations to the president. If extensive changes appear warranted, the Graduate Council should consider establishment of  a mechanism for broadly eliciting opinion and advice from the community.

3. JUDICIAL RECORDS

Graduate student judicial records are confidential and are maintained separately from official academic records. Judicial records are maintained for six years after the academic year in which the violation was adjudicated. To inspect their record, a graduate student should make an appointment with the director of graduate student services. Graduate students will have access to all official records and correspondence in the file. Except as required by law, information from the file cannot be released without the graduate student’s permission.