4. Procedures of the Review Board

 

4.1 All aspects of the Honor Code Reviews are confidential and cannot be shared with anyone outside the HCRB unless the investigation urgently requires it.

4.2 Any member of the Luther College community may file charges against a student for violations of the Honor Code.

     4.2.1 A charge shall be prepared in writing whenever possible and directed to the Honor Council Chair or any other member of the Honor Council.

     4.2.2 Any charge should be submitted as soon as possible after the event takes place, preferably within ten class days.

     4.2.3 If a Complainant cannot or will not submit a written charge, the Honor Council Chair or any other member of the Honor Council will prepare a written summary of the charge presented to him/her by the Complainant.

     4.2.4 A Complainant can choose to stay anonymous to the Respondent.

     4.2.5 Once a charge has been filed with the Honor Council, it cannot be retracted and a full Honor Code Review has to be conducted.

     4.2.6 The Complainant and Respondent of a pending case should not directly or via third parties discuss the charges. Intimidation of the Complainant or of Witnesses by the Respondent or third parties must be reported to the Honor Council immediately. 

     4.2.7 Any retaliatory actions against a Complainant or Witnesses by the Respondent or third parties should be reported to the Honor Council.

4.3 Once the Honor Council has been informed of a complaint, a Honor Code Review will be prepared by the Honor Council Chair.

     4.3.1 If necessary, the HCC requests clarifications from the Complainant prior to the Honor Code Review.

     4.3.2 The HCC will select the date, time and place for the Honor Board Review, and notify the Respondent (student alleged to have violated the Honor Code) by personal delivery, certified mail, or by encrypted electronic mail (with receipt confirmed), a minimum of seven (7) days prior to the Honor Board Review.

     4.3.3 The HCC summons any student witness to the meeting who can help with the investigation. Witnesses have to appear before the HCRB or have to submit a written statement. Not complying with a summoning can be sanctioned as a violation of the Honor Code. 

     4.3.4 The Respondent can choose not to appear in person but to submit a written statement.

     4.3.5 If a Respondent, who has received notice as set forth in the Honor Code, does not attend the Honor Code Review and does not submit a written statement, the information in support of the charges shall be presented and considered even if the Respondent is not present.

     4.3.6 If a Complainant decides not to participate in a Honor Code Review, the HCC may or may not elect to present the information in support of the charges.

4.4 For every meeting, the HCC first appoints the two recorders. The records of the HCRB shall be filed in the Student Life Office at the end of every academic year.

4.5 A quorum of five HCRB members (including the Honor Council Chair) is needed.

4.6 The sequence of an Honor Board Review is necessarily controlled by the nature of the incident to be investigated and the character of the information to be examined. It thus lies within the judgment of the HCC to fashion the most reasonable approach.

     4.6.1 All procedural questions are subject to the final decision of the Chairperson of the HCRB.

     4.6.2 Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Honor Code proceedings.

4.7 The Complainant, the Respondent and the HCRB may arrange for witnesses to present pertinent information to the HCRB.

     4.7.1 Luther College will try to arrange the attendance of possible witnesses who are members of the Luther College community, if reasonably possible, and who are identified by the Complainant and/or Respondent at least two class days prior to the Honor Code Review.

     4.7.2 Witnesses will provide information to and answer questions from the HCRB. Questions may be suggested by the Respondent and/or Complainant to be answered by each other or by other witnesses.

     4.7.3 The HCRB will consider the advisability of such suggested questions and will determine, in its sole discretion, whether such questions will be posed. If so, the Chairperson of the HCRB will direct the question to the witness. Questions of whether potential information will be received shall be resolved at the discretion of the HCRB.

4.8 The Complainant and the Respondent have the right to be assisted by one advisor they choose, at their own expense.

     4.8.1 The advisor serves in a support or advisory role; he/she may not be or function as an attorney.

     4.8.2 The Complainant and/or the Respondent will be responsible for presenting his or her own information, and therefore, the advisor is not permitted to speak or to participate directly in the Honor Code Review. The advisor cannot directly address the HCRB or any participant/witness of the hearing.

     4.8.3 A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Honor Code Review because delays will not normally be allowed due to the scheduling conflicts of an advisor.

4.9 The Complainant, Respondent and their advisors, if any, shall be allowed to attend the entire portion of the hearing at which information is received (excluding deliberations). Admission of any other person to the hearing shall be at the discretion of the HCRB.

4.10 If a member of the HCRB or the Faculty Advisor are directly involved with a case brought to a Honor Code Review, either as Complainants or witnesses, it is recommended that they do not take part and do not vote in the deliberations. However, they do not have to recuse themselves as long as any of the remaining members do not object.

4.11 In the investigative part of the Honor Code Review, the following steps are usually taken:

     4.11.1 The HCC informs the members of the HCRB about the case and the known facts.

     4.11.2 If present, the Respondent is confronted with the complaint. No information concerning the case shall be held back.

     4.11.3 If present, the Respondent shall be requested to make a statement if he or she so desires, or the written statement of the Respondent will be read.

      4.11.4 The Respondent can present his/her witnesses. After these witnesses provide their statements, they will be questioned by the HCRB.

      4.11.5. The Respondent can request to question the Complainant or any witness. This can be done in person or in writing. The Respondent does not have the right to confront the Complainant or any witness directly or to know their identity.

      4.11.6 During the hearing, Respondent, Complainant, and Witnesses can be questioned by all members of the HCRB (including the non-voting Faculty Advisor) at any time before the deliberation.

      4.11.7 The Honor Council Chair closes the investigation if there is a consensus that no further questioning is needed or might be helpful.

4.12 After the investigative portion of the Honor Code Review concludes in which all pertinent information has been received, the HCRB shall determine by majority vote whether the Respondent has violated the Honor Code.

     4.12.1 The HCRB’s determination shall be made on the basis of whether it is more likely than not that the Respondent violated the Honor Code.

      4.12.2 All “hearsay” and “opinion” evidence shall be excluded from the final decision determined by the HCRB.

      4.12.2.1 Testimony from student witnesses will only be considered as evidence if the witnesses agree to allow the accused student to question them, either in person during a meeting or in writing.

     4.12.2.2 If student witnesses do not agree to that condition, their testimony may be used by the Honor Council as a basis for initiating an investigation, but may not be used as evidence of guilt.

     4.12.3 Pertinent records, exhibits, and written statements may be accepted and considered as information for consideration by the HCRB at the discretion of the HCRB.

     4.12.4 If guilt has been established, members can recommend appropriate sanctions, which will be accepted by majority vote.

4.13 If a verdict has been reached, the Honor Council Chair will inform the Complainant, the Respondent, the Dean of Student Life, and the Dean of the College through personal delivery, certified mail, or by encrypted electronic mail, within seven (7) days after the HCRB Hearing.