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Student Handbook - Sweet Briar College

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Administrative Representative remain to deliberate—while all deliberate, only<br />

the jurors vote.<br />

2. The standard of guilt is “clear and convincing evidence,” which means that<br />

there is a high degree of certainty in the mind of the reasonable person that the<br />

student in question violated the Honor Code.<br />

a. This standard of determination is greater than a “preponderance of the<br />

evidence,” which requires only that the greater weight of evidence be<br />

considered, but is less than the familiar “beyond a reasonable doubt”<br />

required for criminal convictions.<br />

b. Factors the jurors should consider are intent, motive, opportunity,<br />

deception, and malice.<br />

3. The jurors shall vote by secret ballot. A finding that the student is responsible<br />

requires the affirmative vote of not less than three- fourths (3/4) of the jurors.<br />

F. Sanctioning Phase<br />

a. If the student in question is found responsible, the sanction is determined<br />

by a majority vote of the Presiding Officer, the Administrative<br />

Representative, and the jury. During the consideration of sanctions, the<br />

prior academic and disciplinary record of the student can and should be<br />

consulted where appropriate, as well as the actual or potential<br />

consequences of the incident.<br />

b. Implementation and final evaluation of compliance with sanctions is to be<br />

done by the respective Chair in conjunction with the Dean. Failure to<br />

comply with a sanction is a serious violation of the Honor Code.<br />

VI. Appeal Process<br />

A. Academic and Non-Academic Conduct Trial appeals must be made in writing<br />

to the President of the <strong>College</strong> within 72 hours of the Trial.<br />

B. An appeal can be made only on the following grounds: a) new evidence or b)<br />

an error in the process of the Trial, either of which could necessitate a new<br />

Trial.<br />

C. In the preparation of an appeal, the student can have access to the record of the<br />

Hearings and Trial, as well as consult with an Advocate or the Honor Advisor.<br />

D. If the sanction includes Suspension, Dismissal, or Expulsion, the student can<br />

also request a reduction of sanction by appealing for Presidential clemency.<br />

E. Only one appeal is permitted, unless the credible evidence of a previously<br />

unknown gross violation of fundamental fairness is presented.<br />

F. The President of the <strong>College</strong>, at her discretion, may appoint a Temporary<br />

Appeal Board to review the outcome of the initial Trial. The composition,<br />

process, and mandate of an appellate board are at the discretion of the<br />

President.<br />

G. On appeal, the President can impose any remedy she deems appropriate,<br />

including without limitation, upholding the result of the trial, imposing<br />

different (including stronger) sanctions, reversing the results of the trial, or<br />

ordering a new trial.<br />

VII. Referral<br />

A. Residence Life Review<br />

a. At any point in the Non-Academic Judicial Process, with the discretion of<br />

and in consultation with their Administrative Representative, the Judicial<br />

______________________________________________________<br />

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