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- Honor Council
- Other Guidelines, Policies, and Procedures
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Honor Council School of Nursing Bylaws
Procedures of the Vanderbilt School of Nursing Honor Council
Proceedings of the Honor Council – investigations, interviews with potential witnesses, and hearings may be recorded by Vanderbilt University. Recordings not authorized by the Honor Council adviser(s), the Honor Council officers hearing a case, the Dean of Students, or the Dean’s designee are prohibited.
Investigation
- When an alleged violation of the Honor Code is reported, a member of SACSAI will be assigned to investigate the incident.
- The assigned investigator will interview the accuser and collect any available information or documentation related to the alleged violation.
- The accused will be notified via e-mail that a report has been filed and will be asked to schedule a meeting. The accused is required to respond to the investigator's inquiries within seven business days. The Honor Council may send a notice to the Office of the University Registrar to enter an Incomplete and add a notation to the accused’s academic record stating "Honor Council Investigation Pending," if the accused is not compliant or if the investigation or hearing will continue beyond the end of the semester (i.e., becomes a “holdover case”).
- The accused student will have the option to select a Student Adviser from the Vanderbilt University School of Nursing Honor Council. A list of all student advisers will be made available on the Honor Council website, and a student adviser(s) may be selected from it during the investigation. The accused student may also select a student adviser(s) from the Vanderbilt University community: faculty, staff, or student. However, persons related to the accused student or who have formal legal training are not eligible to serve as student adviser(s) and may not participate in the hearing. A student adviser may accompany (either in person or remotely) the accused student to investigative meetings and the hearing and refer the accused student to the Vanderbilt University School of Nursing Student Handbook. The Student Handbook contains the procedures of the Honor Council regarding investigations, hearings, and the penalties that may be assigned. In addition, a student adviser may confer with the accused student during the investigation and a hearing but may not speak directly with Honor Council members on the panel during the hearing. The accused student may separately obtain professional legal representation, advice, and counsel. However, an attorney may not participate in or be present during an Honor Council interview or hearing. The Honor Council is a student tribunal untrained in the law. An attorney representing an accused may work directly with the Office of the General Counsel.
- The investigator will meet with the accused student in the first meeting to present the accused with a written Statement of Charges that includes the specific charge(s), a brief description of the alleged violation, and an explanation of the possible consequences if the accused student is found guilty of a breach of the Vanderbilt Honor Code. The accused has the option to wait for a period following the presentation of the Statement of Charges. The accused student should not be able to review the evidence against the student until the student is prepared to give a formal statement to the investigator. During the first meeting, the accused student will also be informed of the procedures that will be followed. The accused student may choose not to make any statement at the time of the first meeting or defer making a statement to an agreed upon time prior to the hearing. The investigator will ask the accused to sign the Statement of Charges indicating that student understands the charges, penalties if found guilty, the procedures to be followed, and that the student will or will not move forward with a statement at the first meeting. Signing the Statement of Charges does not imply or acknowledge guilt.
- During the meeting where the accused student will make a statement, the investigator will ask the accused student to give an account of the events surrounding the alleged violation. The accused student may also provide relevant documentation or information to support the student’s account of events. The accused student will be asked to enter a plea of guilty or not guilty prior to the hearing.
- The accused student is required to notify the investigator of any material witness(es) before the hearing has been scheduled so that the investigator may contact the witness(es) and prepare a statement for inclusion in the investigative report. No material witness will be allowed to testify at the hearing unless the witness has previously given a statement to the investigator. Given the nature of University judicial proceedings (including the proceedings of University Honor Councils), the testimony of, and information derived from, experts, such as the reports of handwriting experts, are not admissible and will not be considered, except in rare circumstances. In those rare cases, determinations as to the admissibility of testimony of or evidence derived from an expert will be made in the sole discretion of the Director of Student Accountability, Community Standards and Academic Integrity. The Honor Council president may appoint a faculty member as an expert witness. Under no circumstances, however, will the use of polygraph examinations be permitted.
- The investigator will assemble the relevant evidence and testimony in a concise, logical report. The investigator will provide the investigative report to the president of the Honor Council, who with the Honor Council Adviser(s), will determine whether sufficient evidence exists to warrant a hearing by the Council. If the president determines that a hearing is necessary, the president will also determine whether the charges will be heard by a full panel or a small panel.
- At least twenty-four (24) hours before the hearing, the accused student will be presented with a copy of the investigator’s report via Vanderbilt email so that the student may comment at the hearing on any corrections or clarifications the accused student feels are necessary or appropriate.
Hearings
If after an investigation the Honor Council president and Honor Council advisor determine that there is sufficient evidence to warrant a formal hearing, the president will send official notification to the accused that a hearing will be scheduled. The vice president will arrange any details necessary for conducting the hearing, including reserving rooms where the witness(es) and the accused may be placed during the hearing. The vice president will also inform the members of the hearing panel, accused, and the witness(es) as to the date, place, and time of the hearing. The hearing should not be held earlier than seventy-two (72) hours after the investigator has met initially with the accused unless an earlier time is agreed to by the accused.
Hearings may be conducted with participants gathered in a location on campus, online or in a hybrid of in person and online participation.
Penalties for a Honor Code Violation
When the Honor Council is satisfied that all pertinent testimony has been received, the accused student, the student advisers and the investigator leave the hearing room so that the panel may deliberate. The panel will proceed to discuss and decide the question of guilt. The proof that a person is guilty of a charge must satisfy a “preponderance-of-the-evidence” (or more likely-than-not) standard. A majority of the six (6) members of the panel must vote “guilty” to find the accused guilty.
- If the accused is found guilty, the Honor Council determines a fitting penalty based upon:
- The flagrancy of the violation,
- Premeditation involved in the offense, and
- The truthfulness of the accused throughout the investigation and the hearing.
- These three (3) factors are ranked on a scale of low, medium low, medium, medium high, or high. The specific penalty chosen is limited to one of the following alternatives:
- The presumptive penalty for a first offense is failure in the course. A vote of two-thirds of the members of the Hearing Panel will be required to administer this penalty. A grade of “F” will be administered automatically to the student’s record. The course may be repeated; however, course offerings will not be altered.
- At the discretion of the Hearing Panel, a first offense penalty can be reduced to failure of the work involved. The work may not be repeated.
- The minimum penalty for a second offense is failure in the course and suspension for no less than a semester; furthermore, depending upon the severity of the violation, the penalty may be suspension for multiple semesters or expulsion.
- Suspension from the School of Nursing graduate program. If the penalty of suspension is assigned before the end of the seventh week in a 14-week semester, the suspension goes into effect immediately. If the suspension occurs after the seventh week of the semester, the suspension will begin at the start of the next semester. The Council may use its own discretion in setting the dates of the suspension. The penalty of a multiple semester suspension requires a vote of two-thirds of the members of the Hearing Panel.
- In the case of a student convicted of providing false information at an Honor Council hearing or to an Honor Council investigator in either verbal or written form, that student may be suspended for up to three semesters from the end of the semester in which he or she was convicted. A vote of two-thirds of the members of the Hearing Committee is required to impose this penalty.
- Expulsion must be approved by a vote of at least five of the six panel members. (Note that for a third offense, a vote of guilty by five of the six panelists automatically imposes a penalty of expulsion.)
- The accused student will be notified of the outcome of the hearing the next day following the hearing. The presiding officer will inform the accused about the right of appeal.
Appeal Process
Decisions of the Council are subject to appeal through the Appellate Review Board. Requests for appeal must be submitted by the petitioning student using the online Petition for Appeal form by no later than 5pm on the tenth (10th) calendar day following the date that the student is formally notified of the determination of the Honor Council. Refer to Appellate Review Board.
After the Hearing
- At the conclusion of the hearing, the presiding officer will gather all the material evidence, investigative reports, notes, and other records of the investigation and hearing and place them in the VUSN Honor Council’s electronic file.
- If the accused student is found guilty, written notice of the decision is sent to the following parties: (a) the accused student, (b) the accuser if they are a faculty member or administrator, (c) the Dean of the School of Nursing, (d) the Senior Associate Dean for Academic programs, (e) staff in the Office of University Registrar, (f) Director of Student Accountability, Community Standards and Academic Integrity, and (g) other relevant University personnel. A copy of the notice must also be kept in the electronic files of the Honor Council.
- Following a hearing, the recording secretary or another member of the hearing panel will prepare a summary of the proceedings and place it in the Honor Council files.
- The accused student may file an appeal from a decision with the Appellate Review Board but must do so within ten days of the date the student is formally notified of the panel’s decision. Refer to the Appeals Process section for details.
- The Honor Council adviser(s) maintains records of Honor Council proceedings and investigations in accordance with the University’s document retention policy. Records of convictions and penalties will not be released outside the University absent a written release from the convicted student or unless otherwise required by law in accordance with the Family Education Rights and Privacy Act (FERPA). However, students should be aware that they may be required to sign such a waiver when applying to graduate or professional schools or in the course of any employment or governmental background check.
Withdrawal From the University Before the Hearing
If a student who has been reported for a suspected violation of the Honor Code withdraws from the University before a hearing has been conducted, the Honor Council will record the fact. A letter will be sent to all parties stating that the student is suspected of an Honor Code violation, that an investigation has been or will be conducted, and that a hearing may be held.
The accused may respond in one of three ways: participate in the hearing either in person or by video conference, waive the right to give testimony personally (thereby acknowledging that the hearing may proceed in his/her/their absence), or waive the right to appear and send a written, signed statement to be presented on his/her/their behalf at the hearing. Failure by the accused to respond will be considered a waiver of the right to appear.
During the time prior to the hearing, a notation will be placed on the academic record of the accused stating that an Honor Council case is pending. A letter will also be sent to the Office of the University Registrar, the Dean of the School of Nursing, the Senior Associate Dean for Academics, and other relevant University personnel indicating that an Honor Council case is pending. If the accused attempts to re-enroll before the case is heard, the Registrar will notify the president of the Honor Council. The case must be resolved before the accused may re-enroll.