Honor principle
Students, faculty and staff at Reed have always described the honor principle
as one of the college's most important and distinctive features. What
is the honor principle? How do we define it? How does this definition
translate into standards for the day-to-day interactions we have with
each other? Although there is no official definition of the honor principle,
community members have sought for years to communicate what the honor
principle means in every aspect of life. For a review of how the honor
principle governs life at Reed, see the publication, "Living with the
honor principle," available in student services. Excerpts from that
publication are found in this guidebook. Despite changing norms of behavior between 1911 and the present,
certain ideas seem to have remained essential to the meaning of the
honor principle: In the 1989-90 student handbook, Jiro Feingold casts this spirit in less formal language: What the honor principle means to me: Don't lie, cheat, or steal.
Don't mock or humiliate someone in a public forum. Think about what you
do, before you do it. If it will inconvenience someone, try to find a
solution compatible to both of you. Try to make the community work. The honor council
consists of an equal number of students, staff, and faculty members.
Under the constitution, the honor council is responsible for educating
incoming members of the community about the meaning and importance of
responsible and honorable conduct at Reed College. In addition, the
council is expected to provide advice to those seeking resolution of
disputes and to informally mediate such disputes prior to more formal
action. There can be many kinds of disputes, and they can involve any
permutation of students, staff, and faculty. The honor council should
be viewed as an important tool for the individual in our community,
regardless of whether he or she is claiming that someone has violated
Reed's honor principle or whether he or she is being accused of a
violation. For a complainant it offers a first step in developing a
resolution to the problem. For a respondent it offers an opportunity to
respond. To both parties it offers an opportunity to resolve the
dispute before the initiation of often difficult and time-consuming
formal proceedings. Procedures for mediation have been enacted by the student senate and
the faculty. They are outlined here in their entirety. These procedures
apply to staff members except for disputes that arise from their
performance of assigned duties. Most disputes at Reed are and should be settled by direct
discussion. In a community that subscribes to ideals of honor,
responsibility, and freedom of expression, disagreements and grievances
usually can be worked out through sincere and respectful conversation.
Sometimes this conversation will take place with third persons present,
but more often it just occurs between the parties themselves. When a
disagreement or grievance cannot be resolved in this way, the next step
should usually be mediation under the auspices of the honor council. To
quote the community constitution, "members of the Reed community are
bound in good faith to seek informal resolutions of disputes,
grievances, and breaches of honor before formal steps are taken." Mediation occurs whenever persons in conflict agree to have some
neutral third party help them understand and resolve their differences.
Mediation is entirely voluntary and can be broken off by any disputant
at any time. Mediation of some disputes consists of all parties having
a chance to state their views and discuss their disagreements in a
structured, confidential, and non-judgmental forum. In other cases,
successful mediation can result in a written agreement signed by both
parties. Sometimes a written agreement will amount to a statement of
understanding or a contract between the parties that will not be kept
on file by anyone other than the parties themselves. If that agreement
involves an explicit acknowledgment that an individual has injured a
community member or committed a breach of honor, a copy of the
agreement will be transmitted to the chair of the honor council and
kept on file in accordance with the procedures of the community
constitution, Article IV, Section 9. Either party to a dispute may ask any member of the honor council to
initiate the process of mediation. Before mediation can begin, both
parties must agree to engage in mediation, must agree-in writing-to the
ground rules of mediation for the case, and must agree on a particular
mediator, who will be a member of the honor council. Certain ground
rules must be agreed to for all mediation sponsored by the honor
council: mediation is confidential, unless all parties agree otherwise;
mediation is not a "hearing" and does not result in a judgment or
finding, though it may result in a written agreement; when disputants
belong to different constituencies of the college (student, faculty,
staff), each party has a right to have a mediator present from his or
her own constituency, in which case the mediators will function as a
team; no one may be present at mediation except the disputants and the
mediator(s); a confidential report of the progress and outcome of
mediation will be transmitted to the chair of the honor council; and if
mediation fails, either party retains the right to institute formal
proceedings according to the processes described in the "grievance"
section below. Disputes about grades or other formal evaluations of student work
and disagreements arising from formal personnel evaluations are not
subject to mediation. In summary, if a member of the community feels wronged in some way,
the honor council offers assistance in addressing the problem. All
members of the honor council are available to discuss and advise on a
strictly confidential basis how to proceed informally or formally with
a grievance. The honor council can be an important enfranchising tool
for all members of the Reed community, and community members are urged
to avail themselves of its services. Comments and suggestions are
welcome. Every member of the community has a right to file a formal complaint
against another community member and to have that complaint heard by an
appropriate hearing board. Complaints against students must be filed
with the chair of the student judicial board; complaints against
faculty members must be filed with the dean of the faculty; complaints
against staff members must be filed with the director of human
resources or the vice president/treasurer. The judicial board code, the
rules and procedures of the faculty, and the staff handbook describe
the exact procedures for handling and hearing complaints; copies of
these documents may be obtained from the dean of student services.
Hearing boards at Reed have the responsibility to investigate
complaints, determine facts, and recommend action appropriate to the
circumstances of the case and the ethos of an educational institution.
Hearings are not trials; they do not take the place of legal action,
and complainants always have the right to pursue legal action or seek
redress from state and federal agencies such as the Equal Employment
Opportunity Commission. The judicial board (J-board) hears cases concerning alleged
violations by members of the student body of the honor principle,
community rules or college policies, rules, regulations or contracts.
Generally, the J-board hears cases brought by current or former members
of the Reed community against any individual who has allegedly
committed a violation while a member of the student body. The final
authority in judicial matters is vested in the president of the college. Students, faculty and staff are asked to participate in the judicial
system. For the purposes of the judicial board code, the Reed College
community shall be defined as consisting of all currently employed
faculty members, staff members, and student body members who are either
currently enrolled, registered, on leave, or have made arrangements
with the business office to pay tuition and fees. The J-board consists of nine full-time students. Five J-board
members hear each case, with a sixth member acting as a procedural
aide. The student senate appoints J-board members once a year and
during semesters if needed. During periods in which the college is not officially in session or
the J-board is unable to convene, the president of the college shall
appoint a temporary hearing board composed of four members of the
appeals board including the chair, who shall serve as chair of the
temporary hearing board. Complaints against a student must be submitted in writing to the
chair of the J-board, who shall file a copy of the complaint with the
dean of student services before the case is heard. The written
complaint must state: The J-board reserves the right to recommend mediation to parties to
a case as specified in Article IV sec. 1 of the community constitution.
J-board hearings, and all information regarding honor cases, are
strictly confidential. Neither the complainant nor the respondent may
contact their own witnesses, nor may they discuss matters pertinent to
the case outside of the hearing. Members of the honor council are available for informal mediation or
consultation before an honor case is brought to the J-board. Preamble. The Judicial Board shall hear cases concerning alleged
violations by members of the student body of the Honor Principle,
community rules or college policies, rules, regulations, or contracts.
The Judicial Board shall hear cases brought by current or former
members of the Reed Community against any individual who has allegedly
committed a violation while a member of the student body. The final
authority in judicial matters is vested in the President of Reed
College. A. The Judicial Board shall consist of nine members of the student body. B. The Student Senate shall choose members of the Judicial Board
after it has interviewed those applying. Current members of the
Judicial Board who are not themselves applicants under consideration
shall assist the Senate in making these appointments. To be eligible
for service on the Judicial Board, students must have been enrolled at
Reed College for one or more years and must never have been found
responsible for a violation under this Judicial Board process. C. Nine appointments to the Judicial Board shall be made at the end
of each year; terms begin the semester following the appointment, and
run the length of one academic year. D. "Hearing" is the Judicial Board process for individuals to give
testimony to the Judicial Board; "deliberations" is the process by
which the Judicial Board discusses among itself its fact finding,
recommendations, and proposed sanctions. The Chair of the Judicial
Board shall assign one member of the Judicial Board to each case on a
rotating basis as a "procedural aide" to provide information about
procedure to respondents, complainants, and witnesses, and to keep
respondents and complainants informed of the status of the case.
His/her function shall be to inform complainants, respondents, and
witnesses about the hearing process and the Judicial Board Code. The
procedural aide shall attend but not participate in the hearing, shall
not attend the deliberations, and shall not vote. If the procedural
aide is removed or removes him- or herself from the case, the Chair of
the Judicial Board shall replace him or her (see paragraphs H. and I.). E. The Chair of the Judicial Board shall be chosen by the outgoing
Judicial Board from among the appointed members at the end of each
year, with the newly appointed Chair's term beginning immediately for
the following year. The Chair shall be an ex-officio member of the
Student Senate. F. Should any member of the Judicial Board resign, be found
responsible for a violation of the Honor Principle, community rules or
college policies, rules, regulations, or contracts, or be removed under
paragraph G, the Student Senate shall schedule an appointments process
and fill the vacated seat as quickly as possible. If the need to fill a
vacancy arises, the Judicial Board Chair may appoint a temporary member
until such time as the Student Senate appoints a regular member. If the
Chair of the Judicial Board resigns from the Judicial Board or resigns
as Chair but remains on the Board, the Judicial Board shall choose
another Chair from its ranks. G. After consultation with its Advisors, the Judicial Board may
remove any member for negligence of duty by a simple majority vote. The
vacated position shall be filled in accordance with paragraph F. H. Should the Chair of the Judicial Board wish to be disqualified
for a particular case, the Chair shall inform the Judicial Board, which
shall appoint a Chair from its ranks for that case. Should one of the
other members of the Judicial Board wish to be disqualified for a
particular case, that member shall inform the Chair of the Judicial
Board and a replacement will be chosen. If no replacement is available,
the Judicial Board Chair shall appoint a temporary member to hear that
case. I. Should any current member of the Judicial Board be a participant
in a Judicial Board proceeding as a witness, complainant, or
respondent, or be successfully challenged for bias by a complainant or
respondent according to Section 4.F.(i), that member shall step down
from the Judicial Board for that case, and a replacement shall be
chosen (if none is available, see paragraph H.) J. The Judicial Board shall interview applicants from the student
body and forward to the Student Senate a nomination for the position of
Secretary. The Secretary shall keep minutes of the Judicial Board
hearings. The Secretary shall not be present at Judicial Board
deliberations (see Section 4.M.). K. The Chair of the Judicial Board shall be responsible for the
maintenance of complete files, including all minutes, correspondence to
and from the Board, and all recommendations of the Board. The Chair of
the Judicial Board shall forward the original file to the Dean of
Students immediately upon the resolution of each case. L. During periods in which the College is not officially in session
or the Judicial Board is unable to convene, the President of the
College shall appoint a temporary hearing board in order to hear a case
not involving academic misconduct. Such board shall be composed of four
members of the Appeals Board including the Chair, who shall serve as
Chair of the temporary hearing board. (i).If the regularly appointed Chair or member(s) of the Appeals
Board is not available, or has been successfully challenged for bias by
a complainant or respondent according to Section 4.D.(i)., then the
President of the College shall appoint another person(s) to serve as
Chair or member(s) of the temporary hearing board. (ii). At least one student shall be appointed to the temporary hearing board. (iii). The temporary hearing board shall follow the procedures of
the Judicial Board as set forth in Section 4; however, the Chair of the
Appeals Board shall also perform the duties of the procedural aide. (iv). Should the board's decision in a case be appealed, the
Judicial Board shall hear the appeal in accordance with the procedures
of the Appeals Board as set forth in Section 6. No member of the
temporary hearing board shall serve on a subsequent board to hear
appeals for the case in question. M. If a case of academic misconduct must be heard while the College
is not officially in session, the case shall be heard by the faculty
members of the Administration Committee. The Administration Committee
shall follow the procedures of the Judicial Board as set forth in
Section 4, with the following exception: an administrative member of
the Administration Committee shall also perform the duties of the
procedural aide. N. The Judicial Board shall have a Staff Advisor and a Faculty
Advisor. These Advisors will not be participants in any part of the
judicial process, but will be informal educational representatives of
the College. The Advisors will be responsible for working with the
Judicial Board Chair to arrange training during the first weeks of each
semester, consulting with the college legal counsel on behalf of the
Judicial Board, and advising the Judicial Board on procedural and
substantive questions that arise during the year. i) In choosing the Staff Advisor, the Dean of Student Services, in
consultation with the Judicial Board Chair, shall propose his/her
selection to the Student Body President, who shall, after consulting
with the Judicial Board Chair, present the selection to the Student
Senate for approval by vote. (ii). In choosing the Faculty Advisor, the Dean of the Faculty, in
consultation with the Judicial Board Chair, shall propose his/her
selection to the Student Body President, who shall, after consulting
with the Judicial Board Chair, present the selection to the Student
Senate for approval by vote. A. Unless it concludes that a case is not within its proper purview
as stated in Section 3, the Judicial Board shall have the
responsibility to hear, investigate and determine the facts about every
complaint brought before it and to recommend action appropriate to the
circumstances of the case. B. All members of the Judicial Board should meet for training at
least once during the first two weeks of each semester with both the
Staff Advisor and the Faculty Advisor. C. The Judicial Board may hold regular, weekly closed meetings. D. The Judicial Board should publish an article in the Quest at the
beginning of each semester stating the purpose of the Judicial Board
and the processes involved in bringing a case. The article shall
include the names of and contact information for the Judicial Board.
Any member of the Reed Community may discuss the judicial system and
procedures with a member of the Judicial Board at a mutually convenient
time. E. After consultation with its Advisors, the Judicial Board Chair
may update or revise procedural documents and those documents that
convey to the parties involved their rights and obligations. A. Any current or former student(s), faculty member(s), or staff
member(s) of Reed College may bring a complaint on behalf of him or
herself or the community to the Judicial Board for an apparent student
violation of the Honor Principle, community rules or College policies,
rules, regulations or contracts. Both the complainant and the
respondent must have been members of the Reed Community at the time
when the alleged violation occurred. B. The Dean of Student Services, or in case of his or her absence,
the President of the College may, in case of emergency, take immediate
action against a student for an alleged violation as specified in
paragraph A, but must forward a complaint to the Judicial Board within
six working days, counting only days while the college is in session,
or be required to withdraw such action. In such cases, the action of
the Dean or President shall remain in force until the conclusion of the
judicial process. C. Complaints must be submitted in writing to the Chair of the
Judicial Board, who shall file a copy of the complaint with the Dean of
Student Services before the case is heard. D. The written complaint must state: (1) the grounds on which the
complainant(s) believes that a violation has occurred under paragraph
A; (2) a list of the names of the persons believed to have committed a
violation as specified in paragraph A, if such violators are known to
the complainant(s); (3) a brief description of the actions that the
complainant(s) believes do constitute a violation as specified in
paragraph A; (4) a list of witnesses with a statement indicating the
expected relevance of their testimony; (5) a statement of why
non-judicial resolution or mediation was unsuccessful or did not occur. E. The Judicial Board reserves the right to recommend mediation to
the parties of a case as specified in Article IV sec. 1 of the
Community Constitution. If formal mediation is refused or fails, the
Judicial Board shall take up the case. F. The Judicial Board reserves the right to proceed with cases also
being adjudicated elsewhere. However, if the Judicial Board determines
a case is best, or has been, resolved through other means, e.g.
administrative, faculty, or the Judicial Court System of the State of
Oregon, the Judicial Board may defer the case pending the results of
outside resolution. The Judicial Board shall then determine whether it
is necessary to proceed with the case. G. The Chair of the Judicial Board shall report each written
complaint to all members of the Board within one week. The complaint,
any response, all submitted testimony, and all deliberations and
recommendations of the Student Judicial Board shall be held
confidential by all participants, except as provided for in Section 8
below. H.When parties accuse each other of unrelated violations, generally
the charges shall be addressed in separate hearings. If the violations
are related, the Judicial Board may join the cases. A. Upon receipt of the complaint the Judicial Board shall meet to discuss the specific procedures for handling the case. B. The Judicial Board shall be responsible for reserving rooms for
the hearing. The Judicial Board should reserve sufficient rooms for the
time of the hearing, in an attempt to provide separate rooms for the
complainant(s), respondent(s), and witnesses, as well as a hearing
room. Furthermore, the Judicial Board should attempt to limit contact
between parties and witnesses outside of the hearing room while the
hearing is taking place. C. The Judicial Board Chair should announce the meetings and
hearings of the Judicial Board to the Judicial Board members at least
two days before such meetings or hearings. The procedural aide should
provide each person requested to appear before the board with such a
request at least two days before s/he is scheduled to appear. D. The procedural aide should inform the respondent of the grounds
on which s/he has allegedly committed a violation as specified in
Section 3.A. by providing the respondent with a copy of the written
complaint submitted to the Judicial Board at least four days before the
hearing. E. For each case: (i). Five members of the Judicial Board shall hear each case, with
one additional member of the Judicial Board serving as the procedural
aide. (ii). The Judicial Board reserves the right to set reasonable limits
on the length of hearings, testimony, and opening and closing
statements. (iii).The Judicial Board, not individual parties, is responsible for calling witnesses to a hearing. (iv). The Judicial Board reserves the right to decline to accept the
testimony of any witness who lacks direct knowledge of the alleged
violation or who is redundant of another witness. (v). The Judicial Board shall inform all parties of their rights and responsibilities as listed in 4.F. F.The procedural aide shall make an effort to inform the
complainant(s) and the respondent(s) of the following at least four
days before the hearing: (i). That s/he may request the removal of a member of the Judicial
Board for a particular case on the grounds of personal bias by
submitting a written statement to the Chair of the Board setting forth
the basis for the challenge of bias no later than three days prior to
the hearing. The Judicial Board shall determine whether to sustain or
deny the challenge. This determination cannot be appealed prior to the
Judicial Board hearing the case. G. In cases brought by or against students who are on leave or have
withdrawn, the Judicial Board shall, on a case-by-case basis, impose a
reasonable time frame in which the respondent must respond to the
complaint provided by the procedural aide as required in paragraph C. H. Should a participant in a case entirely fail to contact the
Judicial Board within the prescribed period of time, the Board will
proceed with the case in the absence of his/her testimony. I. The procedural aide for the case shall inform any person
appearing as a witness before the Judicial Board of the following
before the hearing: J. Before taking the testimony of an individual involved in the
case, the Judicial Board shall require him or her to sign a statement
that affirms that his/her testimony shall be truthful to the best of
his/her knowledge. Failure to abide by said statement can result in
further measures being taken by the Judicial Board, the Dean of
Students, and/or the Office of the President. K. Before the commencement of the hearing, the Judicial Board shall
require every complainant and respondent, and every individual whose
testimony is submitted for a case, to sign a statement that consents to
disclosure of the testimony and related documents to the parties, and
that requires him or her to refrain from oral or written public
statements about said case. If confidentiality subsequently appears to
have been broken, the Judicial Board reserves the right to invite the
testimony of the alleged violator of confidentiality and of any
witnesses to the alleged violation, and in general to investigate and
determine the facts, and recommend a penalty subject to the process
provided in Section 5.B. L. The Judicial Board may request testimony from any member of the
community with expertise bearing on, or knowledge of, the case. The
complainant(s) and/or the respondent(s) may also submit a request to
the Judicial Board not later than two days previous to the hearing to
have a witness from outside the community testify. The Board shall
evaluate the request for such a witness and decide whether or not the
witness shall appear. M. At the conclusion of a case, the five members of the Judicial
Board hearing the case shall deliberate in closed meeting to arrive at
the Judicial Board's determinations of fact and recommendations. N. In deciding if a violation has occurred, four of the five voting
members of the Judicial Board need only determine that the Judicial
Board has evidence that has more convincing force than that opposed to
it in order to come to a decision. A. If the Judicial Board finds a respondent to have committed a
violation as specified in Section 3.A., it may recommend sanctions the
nature and severity of which shall be appropriate to the violation, its
circumstances, and the history of offenses by the respondent.
Recommended sanctions may include probation, suspension, or expulsion. B. All findings of fact and recommendations of the Judicial Board
must be ratified by at least four of the five Judicial Board members
hearing the case. The findings and recommendations, together with the
case file, shall be forwarded to the President or his or her designee
for a decision. C. Should the implementation of sanctions involve the aid of Reed
community members not party to the case, the Judicial Board, Dean of
Student Services, and/or the President of the College shall use
its/his/her best judgment in communicating relevant information about
the case. Caution should be taken to avoid unnecessary communication of
confidential information. Any individual informed of a decision of the
Judicial Board is required to maintain strict confidentiality regarding
the case. D. All sanctions remain in effect during the appeal process unless
the President of the College waives them. The respondent may submit a
written petition to the President for such a waiver; however he/she
must do so within five working days of filing the appeal. A. The Appeals Board shall consist of three students (including the
President of the Student Body and a Student Senator who is not a member
of the Judicial Board), two members of the faculty (including a member
of the Honor Council), and the Chair of the Community Affairs Committee
as an ex-officio, non-voting member. B. The Chair of the Community Affairs Committee shall chair the
Appeals Board. If the Chair is a party or witness to the case brought
to the Appeals Board, resigns, or is disqualified for any reason, the
President of the College shall select a temporary Chair for the case
from the ranks of the Appeals Board. For the replacement procedure see
paragraph D. C. During periods in which the College is not officially in session,
the Appeals Board shall be composed of three members of the Board and
the Chair of the Board in order to hear an appeal. If the regularly
appointed Chair or member(s) of the Appeals Board is not available
during the period when the College is not officially in session, then
the President of the College shall appoint another community member(s)
to serve as Chair or member(s) of the Appeals Board for the duration of
the appeal. D. Appointed members of the Appeals Board shall be appointed for a
term of one year. The Student Senate shall appoint the student body
members, and the President of the College, in consultation with the
Committee on Academic Policy and Planning, shall appoint the faculty
members to the Appeals Board, as set forth in the Faculty Bylaws. The
same procedures are followed should an appointed Appeals Board member
need to be replaced. E. Should any appointed member of the Appeals Board resign or recuse
him or herself in a particular case, he or she shall be replaced in
accordance with paragraph D. F. Should any member of the Appeals Board be a party to the case
brought to the Appeals Board, he or she shall be disqualified, and a
temporary replacement shall be appointed as in paragraph D. to serve
for the duration of the appeal. G. Should any member of the Appeals Board wish to be disqualified
for a particular case, that member shall inform the Chair of the
Appeals Board, and a temporary replacement shall be appointed as in
paragraph D. to serve for the duration of the appeal. The complainant
or respondent may also request the removal of a member of the Appeals
Board on the grounds of personal bias by submitting a written statement
to the Appeals Board setting forth the basis for the challenge of
actual bias no later than two days prior to the meeting of the Appeals
Board. The Appeals Board shall determine whether to sustain or deny the
challenge. This determination cannot be appealed. If the request is
sustained, a replacement shall be appointed to serve temporarily on the
Appeals Board as in paragraph D. H. Should any student member of the Appeals Board have been found
responsible for a violation, that member shall be removed from the
Appeals Board and be ineligible to serve again. I. When the College is in session, the Secretary of the Judicial
Board shall act as Secretary of the Appeals Board. When the College is
not in session, the Chair of the Appeals Board shall select a
Secretary. The Secretary shall keep minutes of the Appeals Board
hearings. The Secretary shall not be present during deliberations. A. Ordinarily, the appeals process is not a rehearing of the case.
The basis for an appeal shall be limited to the following grounds: B. Jurisdiction (i). In cases not involving academic misconduct, a respondent or
complainant has the right to appeal the decision of the President or of
his or her designee. Such appeals shall be made in writing to the Chair
of the Community Affairs Committee who shall contact the members of the
Appeals Board within five working days of receiving the appeal in order
to schedule a meeting time, generally within no more than a further
five working days. C.The complete case file shall be forwarded to the appropriate
appellate body, or the President of the College at the time of the
appeal. D. The appropriate appellate body or the President of the College
shall decide within one week of notice of an appeal whether to
entertain it. E. The Administration Committee or the Appeals Board shall work from
the case file, and may hear testimony as it deems fit, or call for new
evidence and testimony. If the appeal is based on a claim of procedural
error, the Appeals Board may consult the procedural aide for that case. F. The Chair of the appellate board shall send a copy of that
board's recommendations to the Chair of the Judicial Board. The Chair
of the appellate board shall be responsible for assembling all appeals
files, including the minutes of any hearings or meetings,
correspondence to and from the board, and official conclusions and
recommendations of the board, and forwarding them to the Dean of
Student Services for deposition. G. The Appeals Board shall make a determination regarding any
dispute or disagreement over an interpretation of the Judicial Board
Code or any other community or college document pertaining to judicial
procedures affecting students. A. The Judicial Board should publish a summary report, not violating
confidentiality, regarding any matter affecting the College Community,
excluding unresolved cases and those cases still subject to appeal, at
the beginning of every semester. The report shall contain a statement
by the Judicial Board of the findings and sanctions for the previous
semester's cases. With the exception of cases in which all parties and
witnesses agree to waive their right to confidentiality, the Judicial
Board shall not publish the names of the parties participating in the
case. The Chair of the Judicial Board shall also send a copy of the
report to the Editor of the Quest and to any other regular campus
publication that requests the report. B. Public reports of the Judicial Board or of the Appeals Board
shall be deposited in the College Archives to provide a cumulative
record of community judicial decisions of general concern. A. All records regarding the disposition of those formal complaints
and/or mediated disputes which have resulted in a finding of or
acknowledgment of a violation shall be placed in confidential
disciplinary files, separate from all other records pertaining to a
respondent. These files shall be kept, maintained, and protected by the
Dean of Student Services. The Judicial Board may also keep a copy of
the file of each particular case, which it shall protect as
confidential. When requested to do so, the Dean shall open an
individual's file for inspection by the Chair of the Judicial Board. At
his/her discretion, the Dean may release summaries of the records or
details of a particular case to any faculty member or other officer of
the College whom the Dean believes has a reasonable need to know.
Disciplinary records, including any files in the keeping and protection
of the Judicial Board, shall be maintained for the duration of a
student's enrollment at the College, and for seven years thereafter,
and shall be destroyed at the end of that period. B. Should the recommendation to release an action not appear in the
Judicial Board's determinations of fact and recommendations of
sanctions to the President, the decision as to whether to release
information about violations to other institutions shall be made by the
Dean of Student Services at his/her discretion. The College shall
release any information or records at the written request of the
student involved.The essence of Reed honor
Honor council
Informal procedures for mediation
Grievance
Judicial board
principle or college rules has occurred;Student judicial board code
Approved at the March 10, 1997 faculty meeting
Amended by the senate and CAC and approved at the September 23, 1997 faculty meeting
Amended by the senate and approved by the CAC and passed by the faculty, March 4, 1998
Amendments proposed by the 2002 Judicial Documents Review Committee,
approved by the CAC and the Senate in spring 2005, and approved by the
faculty, September 26, 2005.
Preamble.
Students, faculty and staff are asked to participate in the judicial system.
For the purposes of the Judicial Board Code, the Reed College Community
shall be defined as consisting of all currently employed faculty,
administration and staff members, and student body members who are
either currently enrolled, registered, on leave, or have made
arrangements with the Business Office to pay tuition and fees.Section 1. Composition and Selection Procedure for the Judicial Board
Section 2. Duties and Responsibilities of the Judicial Board
(i). The Judicial Board
Chair may consult with the Advisors both before proceeding with any
case and before making its recommendation.
(ii). In addition to the annual training meetings, the entire Judicial
Board should meet with the Advisors at least once a semester.Section 3. Reporting Violations to the Judicial Board
Section 4. Judicial Board Procedure
(ii). That s/he has the right to appear before the Judicial Board and to be present for all testimony.
(iii). All hearings shall be closed to the community.
(iv). That s/he may choose one other member of the community to be
present as a "second" during the entire hearing. Although the parties
may speak privately to their second(s), the second(s) may not address
any other party in the case during any part of the hearing. Legal
counsel shall not be allowed to participate or be present in any
fashion in the hearing.
(v). That s/he may have copies of the Judicial Board Code made available to her/him prior to the hearing.
(vi).That, except as precluded by applicable law, s/he has the right to
inspect all records and documentary material of the proceeding,
including the Judicial Board's determinations of fact and
recommendations.
(vii). That s/he has the right to present testimony and to request the
Judicial Board's consideration of testimony by witnesses; and, that the
Judicial Board may request the written testimony or responses to
questions from complainants, respondents, or witnesses prior to or
during the hearing. Additionally, that s/he has the right to present
written and signed testimony in lieu of oral testimony before the
Judicial Board if it is submitted to the Judicial Board Chair before
the inception of the hearing. However, any party failing to appear at a
Judicial Board hearing waives his/her right to submit questions to the
Judicial Board for the cross-examination of other witnesses and to a
closing statement.
(viii). That s/he has the right to be informed of the status of the
case, to receive four-day notice of all hearings from the procedural
aide, and to receive written notice of the status of the Judicial
Board's determinations of fact and recommendations within seven working
days of the hearing.
(ix). That s/he must consent to the disclosure of oral and written
testimony, other documents, the Judicial Board's findings and
recommendations, and the decision of the President (or of his or her
designee) to the parties.
(x). That s/he should otherwise keep confidential any oral and written
testimony or other documents presented to the Judicial Board, or any
statements made during the hearing.
(xi). That s/he should not discuss the complaint with community members
other than his or her "second" except as is necessary to the
development of his/her testimony or the identification of appropriate
witnesses.
(xii). That there is no requirement in the Honor Principle or any
Community Rule to answer any question put by a Judicial Board member
during a hearing.
(xiii). That s/he has the right to appeal in accordance with Section 7.
(i). Failure to contact the Judicial Board within the prescribed period
of time shall be understood as a waiver of the right to be present for
the entire hearing. However, the procedural aide should make an effort
to keep the absent party informed of the case's proceedings.
(ii). An individual who has waived his/her right to attend, or chosen
not to attend a hearing may still submit written testimony in lieu of
oral testimony, if it is submitted in accordance with the Judicial
Board's prescribed time frame. However, s/he waives his/her right to
submit questions to the Judicial Board for the cross-examination of
other witnesses and to a closing statement.
(i). That there is no requirement in the Honor
Principle or any community rule to answer any question put by a
Judicial Board member during a hearing.
(ii). That s/he has the right to present written and signed testimony in lieu of oral testimony before the Judicial Board.
(iii). That all hearings are closed to the community, except that the
complainant, the respondent(s), and their seconds may be present at all
testimony.
(iv). That s/he is honor bound to contact the Judicial Board prior to the hearing if s/he is unwilling to appear as a witness.
(v). That s/he should keep confidential the complaint and any oral and
written testimony, other documents presented to the Judicial Board, or
statements made during any part of the hearing at which he or she is
present.
O. If the proposed sanctions of
the Judicial Board require the involvement of Reed community members or
offices, the Chair of the Judicial Board shall consult with them prior
to the finalization of the Board's recommendations. Caution shall be
taken to avoid unnecessary communication of confidential information.Section 5. Determinations of Fact and Recommendations of the Judicial Board
(i). Recommendations shall take into account any pertinent information
in the records held by the Dean of Student Services regarding the
disposition of those formal complaints and/or mediated disputes that
have resulted in a finding of or acknowledgment of a violation. For the
purpose of viewing records, the members of the Judicial Board, the
Administration Committee of the Faculty, any temporary board or the
Appeals Board shall be considered officers of Reed College.
(ii). In cases involving allegations of academic misconduct, the
Judicial Board may consult with the faculty member(s) in the case about
the faculty member's academic penalty and the Judicial Board's
recommended sanction. However, the faculty member(s) directly involved
in the case makes the ultimate decision concerning the grade for the
assignment and/or course for the student.
(iii). If it finds a respondent to have committed a violation, the
Judicial Board shall append to its statement of recommended sanctions a
recommendation as to whether the violation is serious enough to warrant
release of pertinent information to another institution upon request.
(i). The Judicial Board shall inform the Dean of Student Services of its determinations of fact and recommended sanctions.
(ii). Prior to finalizing the Judicial Board's recommended sanctions,
the board shall forward for comment a draft of the recommendations to
the President of the College or his/her designee.
(iii). The President or his/her designee shall communicate the decision
about violations and sanctions to the parties and the Judicial Board.Section 6. Composition and Selection Procedure for the Appeals Board
Section 7. Appeals
(i) The sanctions are believed to be excessively lenient or severe.
(ii) There was a procedural error that significantly affected the outcome of the Judicial Board hearing.
(iii) New or newly discovered evidence is of a character that it could
have significantly affected the outcome of the Judicial Board hearing
or the decision of the President or of his or her designee.
(ii). In cases involving academic misconduct,
the respondent or the complainant has the right to appeal the decision
of the President of the College to the Administration Committee of the
Faculty in accordance with the Faculty Code and the Reed College
Community Constitution.
(iii). Should a decision be appealed, the Appeals Board (or, if the
appellant(s) desire an out-of-session appeal, a duly-appointed Appeals
Board) [See section 6.A. & C.] shall hear the appeal in accordance
with the procedures of the Appeals Board as set forth in Sections 6 and
7. No member of the temporary hearing board shall serve on a subsequent
board to hear appeals for the case in question.
(iv). When the Administration Committee has primary jurisdiction in a
case involving academic misconduct as in Section 1.M., the appeal of
its decisions shall be brought before the four member 'out-of-session'
Appeals Board as described in Section 6.C.
(v). An appeal must be made in writing within ten working days of the
notification of the decision of the Administration Committee or the
President or his or her designee, unless good cause is shown for filing
the appeal later, and shall contain a statement of the grounds of
appeal. The President of the College will decide whether or not a late
appeal will be heard.
(vi). One final appeal may be made to the President of the College no
later than ten working days after the decision on a previous appeal
made to another body.
(i) If the Appeals Board or the Administration Committee chooses to
base its decision solely on the documentary record, it shall conduct
its deliberations in closed meeting.
(ii) If evidence and testimony is reheard or new evidence is heard, the
appellate board shall follow the procedure of the Judicial Board as
described in Section 4, except that if the appeal is heard by the
Appeals Board, the Chair of the Appeals Board shall also perform the
duties of the procedural aide, and if the appeal is heard by the
Administration Committee, an administrative member of the
Administration Committee shall also perform the duties of the
procedural aide.
(iii) Decisions of the Appeals Board require the agreement of the
voting members of the board with no more than one dissenting vote and
shall take the form of recommendations to the President of the College.Section 8. Publicity
Section 9. Disposition of Confidential Records