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Constitution of the Honor System
Constitution of the Honor System
Introduction
The Honor System encompasses the student body, the Honor
Council, and the Honor Code to form an essential part of the academic
program at The Colorado College. Its purpose is to help recognize each
student's maturity and individual ability. Accordingly, the Honor
System provides an atmosphere of mutual trust which contributes to
students' personal growth and academic development. The spirit of this
Constitution and the principles it embodies are intended to provide a
foundation for a personal ethical code which will continue long after
graduation from The Colorado College.
Every Colorado College student is responsible for obtaining a
working knowledge of all rules and regulations of the Honor System and
for understanding this Constitution and other materials describing the
Honor System. Also, the student is obligated to know how the principles
apply in each class. Ignorance of the principles embodied in this
Constitution and of the way in which they apply in a particular class
will be no excuse for a violation of the Honor System.
General Guidelines
THESE GENERAL GUIDELINES ARE ONLY A BRIEF SUMMARY
OF THE HONOR SYSTEM. EVERY STUDENT IS EXPECTED TO BECOME FAMILIAR WITH
THE DETAILS OF THE CONSTITUTION, WHICH FOLLOWS THESE GENERAL GUIDELINES.
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The Honor System applies to all work done for
credit - exams, papers, laboratory reports, daily assignments, and any
other assigned work. Unless the professor specifically states
otherwise, work done on all tests and assignments shall be entirely the
student's own.
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In papers, direct quotations must be acknowledged by
quotes and footnotes. Ideas or paraphrasing taken from outside sources
(including course textbooks) must be properly acknowledged, unless the
professor specifically states otherwise. In oral reports, verbal
acknowledgement of sources is usually sufficient.
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Exams must be taken at the place and within the time
limits designated by the professor. Except as otherwise stated in this
Constitution, each professor has the right to set such exam and term
guidelines as the professor deems appropriate.
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A student's work may not be submitted for simultaneous credit in two different classes without the explicit permission of both
professors. Replications of one's own work may be submitted for
subsequent credit only with the explicit permission of the professor to
whom the work is now being submitted.
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An attempt to violate the Honor System, which is
not completed because the student is observed in the attempt, will be
considered a full violation.
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A student or professor reporting a suspected violation
will remain anonymous to everyone except the Honor Council. If the case
is appealed, the identity of the accuser will also be revealed to an
appeal board consisting of five (5) randomly selected students pledged
to confidentiality.
Article I
Scope of the Honor System
- Section 1.
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The Honor System shall apply to all students registered for credit at The Colorado College.
- Section 2.
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The Honor System shall apply to all written and oral
examinations, reports, term papers, theses, and all other work done for
credit. Unless explicitly permitted by the professor, unacknowledged
outside help from any source, including course textbooks or a
repetition of one's own prior work, will be regarded as a violation of
the Honor System. All sources used in writing a paper must be
appropriately acknowledged and footnoted.
- Section 3.
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Violations of the Honor System include, but are not limited to, the following:
- any unauthorized aid given or received during an
examination or in the preparation of a paper (e.g., copying from
others, using notes or books when their use has been prohibited or
obtaining help from a student who previously took the course);
- failure to comply with examination guidelines;
- failure to properly acknowledge any source relied on in the writing of a paper, thesis, or other course work;
- interfering with other students' ability to complete their course work (e.g., denying them access to materials);
- lying for the purpose of obtaining an extension of time from the professor;
- attempting to violate the Honor System, but not succeeding because one is observed in the attempt; and
- breach of confidentiality by an Honor Council member of information obtained through an Honor Council proceeding.
- Section 4.
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Upon completion of all written work, a statement similar to the following shall be written out and signed by the student: On my honor, I have neither given nor accepted unauthorized aid on this examination (paper, report, etc.) . Failure to sign such a statement shall not relieve the student from the responsibility to comply with the Honor System.
- Section 5.
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All examinations shall be given by the professor in
accordance with the provisions of the Constitution and in such a manner
as to promote the Honor System.
- Section 6.
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The professor shall designate the amount of time allotted
for each examination. A student's failure to adhere strictly to such a
time allotment, without specific permission of the professor, shall
constitute a violation of the Honor System.
- Section 7.
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There shall be no limitation as to where examinations may be taken except as specified by the professor.
- Section 8.
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Aside from the fixed principles enumerated in the
Constitution, each professor shall clearly explain exactly how the
Honor System applies to a particular course. If the professor does not
do so, it shall be the students' responsibility to request such
information.
- Section 9.
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Any student or professor who suspects a violation of the
Honor System shall report it to the Honor Council. Guilt shall be
determined under the provisions of this Constitution before any
sanctions, academic or otherwise, shall be invoked against the accused.
Article II
Honor Council
- Section 1.
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There shall be an Honor Council, consisting of Colorado College students, which shall have the following functions:
- It shall interpret the principles and policies of the Honor System, in accordance with this Constitution.
- It shall hear and take action on all cases arising from alleged infractions of the Honor System.
- Section 2.
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The Honor Council shall consist of sixteen (16) voting
members and four (4) alternates who shall vote only in the absence of
voting members.
- Members of the Honor Council shall be selected in the
following manner: The Honor Council shall announce that the name of any
interested student may be placed in nomination by a given date. Each
nominee shall then submit to the Council a brief statement of intent.
The statements of all the nominees shall be made available to the
student body and an open election period held, during which each
student, excluding members of the Honor Council, shall have the right
to vote for as many candidates as there are vacancies on the Honor
Council. The Honor Council shall then rank-order the candidates on the
basis of the number of votes received by each, and shall interview
three times the number of candidates as there are vacancies. If there
are not three times as many candidates as vacancies, the Honor Council
shall interview all the candidates. The interview shall be the basis
for the final selection of members by the Honor Council.
- The term of office for members of the Honor Council
shall be until a member resigns or is removed from the Honor Council,
or graduates from The Colorado College.
- The Honor Council shall have the authority to fill
vacancies as they occur between election periods. Such vacancies shall
be filled by selecting members for the candidates not chosen during the
last open election.
- Section 3.
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A member of the Honor Council may be removed by a
three-quarters vote of the members, after being told the cause for
removal and given an opportunity to be heard. Causes for removal shall
be:
- a breach of confidentiality regarding any matter concerning the Honor Council,
- a conviction for a violation of the Honor System, or
- a serious failure to carry out the responsibilities of a member of the Honor Council.
- Section 4.
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The Honor Council shall elect from among its members a
chairperson or co-chairpersons, whose duties shall include presiding at
all meetings and hearings. Unless otherwise specifically required by
this Constitution, a simple majority of the members of the Honor
Council shall constitute a quorum for the purposes of a meeting.
- Section 5.
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The Honor Council shall designate from among its members
an investigator or investigators for each academic block during the
regular academic year. Duties of designated investigators shall include
investigation and documentation of alleged Honor System violations,
recordings of proceedings before the Honor Council, and drafting of
official Honor Council correspondence.
- Section 6.
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The names of the accused and the accuser, and the evidence
in connection with the case, shall not be revealed by the members of
the Honor Council, witnesses, or members of the appeal board to anyone
except the professor involved and the faculty advisor of the Honor
Council.
- Section 7.
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One member of the faculty shall be appointed by the Honor
Council to serve as a non-voting advisor to the Honor Council for a
renewable one-year term. The faculty advisor shall be advised of all
actions taken by the Honor Council.
- Section 8.
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The Honor Council shall have the right to adopt bylaws
which shall not infringe upon or contradict this Constitution. A vote
of three-quarters of the members of the Honor Council shall be
necessary to adopt or amend a bylaw.
- Section 9.
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Guidelines of operating procedures and other helpful
advice shall be passed along as suggestions from one Honor Council to
the next, but shall not be binding upon the next Honor Council.
Article III
Violation Procedures
- Section 1.
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The procedures for dealing with a student suspected of a violation of the Honor system shall be as follows:
- Any student or faculty member who observes a suspected
violation shall notify a member of the Honor Council, preferably within
one week of the incident. The member notified shall, in turn, notify
the Council chairperson and the designated investigator for that block.
The investigator, in consultation with the Honor Council chairperson,
shall conduct the investigation and shall decide if sufficient evidence
exists to accuse the suspected student. If an accusation is made, the
accused shall be notified as outlined in this Article III, Section 1, Paragraph (b). The investigating member and the chair shall also submit a report of the suspected violation to the full Honor Council.
- The
accused shall be notified of the nature of the charge in a letter
delivered in person by the investigating officers of the Honor Council.
At the time of delivery, the accused shall sign a statement
acknowledging receipt in writing of the charge. Within 48 hours
(excluding intervening block breaks or vacations) of delivery of the
charge, the accused shall notify the investigating officers of the
Honor Council whether the plea to the charge will be guilty or not
guilty. If the accused has failed to enter a plea within the required
time period , the investigating officers shall contact the accused and
request a plea. If at this time the accused fails to enter a plea or
pleads guilty, a violation shall be recorded against the accused who
shall be notified of that action. If the accused pleads not guilty, the
investigating officers in consultation with the accused, the accuser,
and the Honor Council shall set a time for the hearing of the case by
the Honor Council. The investigating officers shall notify the accused
and the accuser and request their presence at the hearing.
- Section 2.
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Hearings concerning first or second violation shall proceed as follows:
- Seven (7) voting members of the Honor Council shall be
present. When the accused first appears before the Honor Council, the
charge(s) shall be read and the rights of the accused under this
constitution shall be explained. Any of the three parties - the person
accused, the accuser, or the Honor Council - may present witnesses. The
accused may call two (2) character witnesses to speak on his/her
behalf. A simple majority vote of the Honor Council members present at
any hearing shall be required for a verdict of guilty.
- It is the practice of the Honor Council to consider any
person accused of an Honor System violation innocent until determined
guilty by clear and convincing evidence.
- The accused shall have the right to counsel. Any member
of the faculty, administration, or the student body may serve as
counsel, with the exception of members of the Honor Council, who may
not serve. Counsel must agree to operate within procedural framework of
the Honor Council as outlined in this Constitution. Counsel may give
advice but may not speak in place of the accused at the hearing.
- All witnesses and the accused shall take an oath of
honesty before testifying. Perjury shall constitute a violation of the
Honor System. If the Council has evidence suggesting that a witness or
the accused has committed perjury after taking this oath, the witness
or accused shall then be subject to procedures outlined in this Article III
for the Honor System violation of perjury. Both witnesses and the
accused may decline to answer specific question of the grounds of
self-incrimination. Such a refusal, by a witness or the accused, in the
absence of other evidence, shall not serve as grounds for initiation of
Honor Council proceedings against the witness, or for a guilty verdict
against the accused.
- A
refusal to appear before the Honor Council shall be considered a
violation of the Honor System. However, once under oath, a witness or
the accused may decline to answer any question on the grounds of
self-incrimination. Such a refusal shall not, in the absence of other
evidence, serve as grounds for the initiation of proceedings by the
Honor Council against the witness.
- A student shall be found guilty of a violation of the Honor System only on the basis of clear and convincing evidence.
- Accurate records shall be kept of the hearing. The
Honor Council shall make a tape recording of the entire hearing,
including the date and members present, testimony of all witnesses, a
summary of the major points which determined the verdict, and the
verdict. In the event the accused in found not guilty of the alleged
violation, all records identifying the accused shall be destroyed.
- Section 3.
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The following action shall be taken by the Honor Council on the first violation:
- If the Honor Council finds that the accused violated
the Honor System, then it will recommend to the professor(s) a grade of
No Credit for the course in which the violation occurred. A lesser
penalty may be considered where there is evidence that the student
inadvertently violated the Honor System. The Honor Council shall only
take such action when a unanimous vote of the Honor Council members
hearing the case determines the violation to be inadvertent. In such
cases, the hearing panel will invite the professor(s) to discuss all
matters relevant to determining punishment before making its
recommendation. In the case of a flagrant first violation, the Honor
Council may recommend dismissal to the President of the College and
proceed pursuant to Section 4(a) of this Article III.
The Honor Council shall only take such action when a unanimous vote of
the Honor Council members hearing the case determines the violation to
be flagrant.
- All evidence with respect to a guilty verdict or a plea
of guilty shall be kept on file by the Honor Council. All records of a
violation shall be destroyed when the student graduates from The
Colorado College or six (6) years from the date of the verdict,
whichever occurs sooner.
- Section 4.
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The following action shall be taken on a second violation:
In the event that a guilty verdict is returned against the accused or a
plea of guilty is entered by the accused, the Honor Council shall
recommend dismissal to the President of the College, after first
notifying the student and giving the student seventy-two (72) hours to
request an appeal of the verdict. The President shall be provided with
a summary of all pertinent facts regarding this case and the accused's
prior conviction, if any. The summary shall include the names of the
accused, the accuser(s) and all witnesses, as well as the important
circumstances surrounding all violation(s) of which the student was
found guilty. The Honor Council may recommend to the President that the
student be given the opportunity to be readmitted at the start of the
semester beginning at least one year from the date of dismissal.
- Section 5.
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If a student is dismissed from The Colorado College for a
violation of the Honor System, the violation shall be noted in the
student's official files in the Dean's and Registrar's Offices. Any
transcript forwarded by the Registrar's Office shall indicate that the
student was dismissed for a violation of the Honor System. If a student
is readmitted to The Colorado College after dismissal for an Honor
System violation, the student's official files at the College shall not
be purged of the notation regarding the violation, but any transcript
forwarded by the Registrar's Office shall be so purged. Any student
readmitted to The Colorado College after dismissal for an Honor System
violation shall be considered to have had only one previous violation,
and any further Honor System violations shall be deemed to be a second
violation and shall be treated according to this Article III, Section 4.
- Section 6.
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When mass cheating is suspected in a class, separate
accusations shall be filed against each student suspected. Each student
shall then be subject to the procedures described in Article III of this Constitution Section 7.
In the event of a guilty verdict, the Honor Council shall inform the
accused of the verdict, including the general nature of the evidence or
testimony against the accused. However, the accused shall not have the
right to be informed of such specifics as shall disclose the identity
of the accuser, or of other witnesses who testified before the Honor
Council. The accused have the right to appeal a conviction for either a
first or second violation of the Honor System.
- Section 7.
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In the event of a guilty verdict, the Honor Council shall
inform the accused of the verdict, including the general nature of the
evidence or testimony against the accused. However, the accused shall
not have the right to be informed of such specifics as shall disclose
the identity of the accuser or other witnesses who testified before the
Honor Council. The accused shall have the right to appeal a conviction
for either a first or second violation of the Honor System.
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- Section 8.
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If the investigation reveals evidence that suggests the
violation could be flagrant, the investigating officers shall decide,
in conjunction with the officers of the Honor Council, and in
consultation with the faculty advisor, whether to add flagrancy to the
charge. Flagrancy will be included in the charge only upon a
unanimous vote by the Honor Council officers and investigating
officers. If flagrancy is being sought based on the evidence revealed
during the investigation, it must be stated in the accusation letter.
If the accused pleads guilty to that accusation, the council will
recommend dismissal to the president of the college. If the accused
pleads not guilty to the accusation of a flagrant violation, the case
will go to trial.
- Scope of Flagrancy - An Honor Code violation may be deemed flagrant if it includes one or more of the following:
- cheating which includes theft;
- a conspiracy of three or more students to give and/or receive unauthorized aid;
- plagiarism where most of the work in any assignment
is clearly not the student's own. Other grounds for flagrancy may be
developed by the council during the course of an investigation.
- Accused Flagrancy - If the student was accused of a
flagrant violation and found guilty of committing an Honor Code
violation, a second vote is necessary to establish guilt of a flagrant
Honor Code violation. It the student accused of a flagrant violation is
found guilty of a flagrant violation the council will recommend to the
president of the college to dismiss the student. This vote is also by
secret ballot and requires a unanimous decision by the council members
hearing the case.
- Discovered Flagrancy - If flagrancy becomes apparent in
the trial but was not originally sought in the accusation letter, the
trial panel may find, with a unanimous vote, that the violation
constitutes a flagrant action. This determination relies on the
introduction of evidence/testimony that was previously undiscovered
during the investigation process. The trial panel should use caution
when pursuing flagrancy where it was not expressly sought in the
accusation letter.
Article IV
Appeals and Retrials
- Section 1.
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The procedure for an appeal of a guilty verdict resulting a hearing of the Honor Council pursuant to Article III of this Constitution, shall be as follows:
- In the event a guilty verdict is returned on either a
first or second violation, if the accused believes that a significant
error which might have affected the outcome was committed by the Honor
Council, the accused may appeal the conviction.
- All requests for an appeal shall be made within
seventy-two (72) hours (excluding intervening block breaks or
vacations) after the Honor Council has communicated its guilty verdict
to the student, except in circumstances where new evidence becomes
available later.
- A group of five (5) students, chosen randomly from the
student body by the Registrar, shall act as the appeal board. No member
of the Honor Council or any individual involved in the hearing before
the Honor Council shall serve on the appeal board. The appeal board
shall designate a member of the faculty or administration occupying a
disinterested position, and preferably with legal training, to preside
over the appeal. The accused may, at any time during the process,
terminate the appeal.
- All records pertaining to the guilty verdict shall be
available to the appeal board, whose members shall be sworn to secrecy
regarding the evidence and the identity of all witnesses. The faculty
advisor of the Honor Council shall instruct the appeal board on its
duties and responsibilities. The appeal board may request the
reappearance of witnesses who testified before the Honor Council or the
appearance of new witnesses who have pertinent information concerning
the error which prompted the appeal. All witnesses shall testify under
oath. The names of the members of the appeal board shall not be
disclosed to the accused.
- A refusal to appear before the appeal board shall be
considered a violation of the Honor System. However, once under oath, a
witness or the accused may decline to answer any question on the
grounds of self-incrimination. Such a refusal shall not, in the absence
of other evidence, serve as grounds for the initiation of proceedings
by the Honor Council against the witness.
- If a simple majority of the appeal board members
determine that important evidence beneficial to the accused was not
considered by the Honor Council or that some other procedural error was
committed, the appeal board shall present its findings to the Honor
Council and recommend a retrial. The written recommendation shall
include a summary of the major points which were the basis of the
recommendation, and a summary of any new testimony heard by the appeal
board. The Honor Council shall grant a retrial on the basis of the
appeal board's recommendation. None of the Honor Council members
present at the initial hearing shall participate in the retrial.
- The faculty member presiding over the appeal shall have
no vote in the recommendations of the appeal board. The faculty
member's responsibilities shall be to rule on the admissibility of
evidence and to exercise discretion as to what evidence is relevant and
proper to the case. The presiding officer may instruct the appeal board
concerning the weight to be attached to the evidence submitted and may
question all parties for clarification purposes.
- Section 2.
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Retrials shall be conducted in the same manner as hearings before the Honor Council, except that
- nine (9) voting members of the Honor Council shall be present at any retrial,
- a seven out of nine (7/9) vote shall be required for a verdict of guilty, and
- no member of the Honor Council who was present at the accused's original hearing shall participate in the retrial.
The accused and all witnesses who appeared at the original hearing
shall be given the opportunity to testify. New witnesses who have
pertinent information shall also have the opportunity to testify.
- Section 3.
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The same records shall be kept of retrial proceedings as
of original hearings. In the event of a guilty verdict, the record of
the retrial proceedings shall be kept together with the record of the
original hearing before the Honor Council. In the event the accused is
found not guilty after a retrial, all records shall be destroyed.
- Section 4.
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There shall be no right of appeal after a retrial.
Article V
Amendment of this Constitution
- Section 1.
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This Constitution shall be amended by two-thirds (2/3) of those voting in a general referendum of the student body.
- Section 2.
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Referenda shall be held for amendments approved by
three-quarters (3/4) of the members of the Honor Council or for
amendments presented to the Honor Council in the form of a petition
signed by at least one hundred (100) students, whether or not the
amendment carries the endorsement of the Honor Council.
- Section 3.
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The Honor Council reserves the right to correct any
typographical errors or modify any provision which do not change the
meaning or substance of this Constitution.
Article VI
Summer Session
- Section 1.
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The Honor Council shall establish appropriate procedures for the maintenance of the Honor System during the Summer Session.
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