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Community Standards Council Constitution

Conduct outside of the academic realm is governed by the Standards of Conduct for the Rhodes Community, as set forth in the Community Standards Council Constitution. Rhodes College promulgated these Standards of Conduct to help us hold ourselves accountable, and are intended to be, first and foremost, a way to ensure that all students can enjoy a diverse community where we live in harmony, interact effectively, and learn from each other.  These standards protect our personal freedom by encouraging a climate of trust, concern, and respect conducive to learning and growing.  Incoming students pledge as follows:

“As a member of the Rhodes community, I pledge to respect my fellow students, faculty, staff and their property.  I will treat others as I would be treated and their property as I would my own.”

The Standards of Conduct are primarily enforced by the Community Standards Council, a student-led body, pursuant to the Community Standards Constitution.

Students, particularly those who wish to report a violation of the Standards of Conduct, are encouraged to use the College’s online report form to report a violation. If the student wishes, a report can be made anonymously, but it is important to remember that submitting an anonymous report means that Community Standards has no way of following up with the student to ask for additional information. Therefore, it is essential that an anonymous report contain as much information as possible. Anonymous reports should include:

  • The time, date, and specific location of the violation
  • The name(s) of the individual(s) involved in the violation
  • The name(s) and contact information of any individual(s) who can corroborate the reporting student’s story
  • As much detail as possible about the violation, including any photos, videos, or other supporting documentation available

Students do not have to report anonymously. When a student chooses to come forward and report a violation, the College can offer resources and support for that student’s physical, mental, and emotional well-being. Community Standards will work with students who report a violation to keep their identifying information private to the greatest extent possible while still being able to address the violation.

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Article I—Purpose and Definitions

SECTION 1. Purpose

Rhodes strives to be a college community where students can develop to their fullest potential, not only as scholars, but also as responsible and caring members of the community. Thus, although they should have freedom of choice in as many areas as possible, they must also come to understand that their choices have an impact on other members of the community so that through experience, they may acquire a mature and responsible attitude toward freedom and their membership in the community.

The official name of this body is the Community Standards Council of Rhodes College (hereinafter called “CSC” or “the Council”). The purpose of the Community Standards Council is fivefold: (1) Decisional: to address alleged violations/infractions of the Rhodes College standards for student conduct (hereinafter “ the Standards of Conduct”); (2) Communicative: to serve as a liaison concerning social matters between the students and the faculty/administration, and to mediate disputes regarding the Standards of Conduct between various members of the Rhodes Community; (3) Advisory: to make recommendations to the Dean of Students regarding the Standards of Conduct and students’ social life; (4) Interpretive: to promote responsible, sensitive and mature conduct among students; and (5) Educational: to educate those who are a part of the Rhodes Community about its standards and to explain what constitutes a violation of those standards.

SECTION 2. Definitions

  1. The term “student” includes any person admitted to Rhodes College or enrolled or scheduled to be enrolled in a course for academic credit through Rhodes, both full-time and part-time, pursuing undergraduate or graduate studies. Persons who are not officially enrolled for a particular term but have a continuing relationship with Rhodes College are considered “students.”
  2. The term “faculty member” means a person who teaches a course offered for academic credit by an institution of higher education, including teaching assistants, instructors, lab assistants, research assistants, lecturers, assistant professors, associate professors, and full professors.
  3. The term “Rhodes College official” includes any person employed by Rhodes College, performing assigned administrative or professional responsibilities. Rhodes College officials include, without limitation, administrators, faculty, and campus safety officers; and resident assistants, Honor Council members and Community Standards Council members when acting in an official capacity.
  4. The term "member of the Rhodes College community” includes any person who is a student, faculty member, Rhodes College official, or any other person employed by Rhodes College. A person’s status in a particular situation shall be determined by the OCS Administrator for the Honor Council upon consultation with the Honor Council President.
  5. The term “Rhodes College premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College (including adjacent streets and sidewalks).
  6. The term “organization (or Registered Student Organization)” means any group of persons who have fulfilled the formal requirements for Rhodes College recognition.
  7. The term “Community Standards Council” or “CSC” means the governing body of students elected by the student body of Rhodes College to implement and interpret the Standards of Conduct, including, without limitation, determining whether or not a student has violated the Standards of Conduct and to impose outcomes.
  8. The term “Community Standards Council Appeals Committee” means the group of persons authorized by the Dean of Students or designee to consider an appeal from the Community Standards Council’s determination that a student has violated the Code or from the outcomes imposed on a student by the Community Standards Council.
  9. The term “OCS Administrator for the Community Standards Council” means the person designated by the administration of Rhodes College to serve as a liaison from the Community Standards Council to the administration and to consult with the Community Standards Council President concerning matters of Community Standards Council business. The OCS Administrator shall not participate in CSC hearings.
  10. The term “Standards of Conduct” refers to the rules regarding proscribed conduct set forth in Article III of the CSC Constitution and the Rhodes Student Handbook.
  11. The term “documentary evidence” refers to emails, texts, images, social media, or other documents, whether in hard-copy or electronic format, presented to the CSC to determine the outcome of a hearing.
  12. The term “Eligible Voting Member” means a council member serving as a class representative, and who is not serving a special role (including but not limited to Investigator, Advisor, acting Secretary, etc.) during the hearing. A council member is not eligible to vote until they have at a minimum witnessed a hearing and participated in the educational training required of CSC members.
  13. The term “Advisor” refers to a member of the Council who has been selected by/for the Respondent. The President of the Community Standards Council shall not act as an Advisor in any case.  The Advisor’s role is limited to informing the respondent concerning CSC procedures and answering any questions about those procedures. The Advisor is foremost a member of the CSC and does not represent the Respondent.
  14. The term “Respondent” refers a Student (also referred to as a Charged Student) or organization or affinity group who has received notice of allegations detailing a potential violation of a policy, the Standards of Conduct or Honor Code.
  15. The term “Complainant” refers  An individual who submits a report/referral against a Student, organization or affinity group alleging misconduct under the Standards of Conduct and/or Honor Code.
  16. The term “Witness” refers to  A person who has knowledge of facts or circumstances pertaining to an alleged violation.
  17. The term “Investigator” refers to the member of the CSC designated by the President to investigate a reported violation of the Standards of Conduct and present evidence to the CSC of such investigation. An Investigator may be present at CSC deliberations on a matter for which they did the investigation in order to clarify facts, but may not deliberate or vote on that matter.
  18. The term “pledge” refers to the statement: “As a member of the Rhodes College community, I pledge to respect my fellow students, faculty, staff and their property. I will treat others as I would be treated and their property as I would my own.”
  19. The term “shall” is used in the imperative sense.
  20. The term “may” is used in the permissive sense.

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Article II—Community Standards Council Authority

SECTION 1. Membership

The Community Standards Council shall consist of four members each from the senior, junior, sophomore, and first-year classes; the President; the Vice President; and two Secretaries. 

SECTION 2. Elections

The President and Vice President shall be elected by a majority vote of the Community Standards Council members in the spring semester, prior to the election of class representatives. The meeting during which the election is held shall be presided over by the OCS Administrator of the Community Standards Council or a designee appointed by the Community Standards Council.  To be eligible for the office of President or Vice President, a candidate must have at least one year of experience as a member of the Community Standards Council. The rising senior, junior, and sophomore representatives of the Community Standards Council shall be elected by the members of their class in the spring semester of each year. First-year student representatives shall be elected by their class as soon as possible after the opening of the fall semester of each year. They shall be installed immediately and serve until the installation of a new Council in the spring. Representative positions of the Community Standards Council are open to any member of the student body in good academic and social standing.

SECTION 3. Officers

The officers of the Community Standards Council are the President, the Vice President, and two Secretaries.

SECTION 4. President

The President shall decide questions of procedure and interpretation arising under the Constitution. The President’s role in the hearing and in deliberations shall be one of impartial participation, and the President shall not vote. In addition, the President shall preside over meetings, appoint committees, be responsible for the execution of all of the Council’s decisions, and represent the Council to the OCS Administrator or designee.

SECTION 5. Vice President

The Vice President shall act in the capacity of President in the absence of the President. Unless acting as President, the Vice President shall be a voting member of the Council.  The Vice President shall also serve as a liaison between the CSC and the Rhodes community.  These duties shall include, but are not limited to, programming and community engagement.  The Vice President may serve as a voting member of the Pre-Hearing Committee in the absence of a Secretary.

SECTION 6. Secretaries

The two Secretaries, Recording and Corresponding, shall be appointed by the President from the general student body and shall be approved by the majority of the Council. The Secretaries shall serve on the pre-hearing committee in order to determine if an alleged violation should be taken to a hearing. In addition, the Recording Secretary shall keep records of hearings and meetings as well as posting year-end Council decisions. The Corresponding Secretary may (at the discretion of the President) handle the Council’s official communication to the Respondent, Complainant, Witness(es), and Rhodes College administration. The two Secretaries shall not participate in questioning or deliberation and shall not vote during the hearing.

SECTION 7. Transition

The outgoing members of the Council shall continue to exercise the full responsibilities of membership until the incoming Council is installed. In the case that a member of the senior class is brought before the Council after installation, outgoing senior members shall remain as voting members on the Council for that hearing only. Installation includes educational training and a transition hearing, both of which are mandatory. During the transition hearing, new members may participate in questioning and deliberations but shall not vote.

SECTION 8. Vacancies

  1. Vacancies in the Community Standards Council shall be filled immediately in an election by the student body, and the new member(s) shall serve until the end of the scheduled term. In the case that a position cannot be filled through an election by the student body, the Community Standards Council has the authority to fill that vacancy. The procedure for filling a vacancy is as follows:
  2. The Council shall announce the vacancy and accept applications from those interested students who are eligible for the position.
  3. The Council shall review all applications.
  4. The Council shall choose a student to fill the vacancy by a majority vote of eligible voting members in a business meeting.
  5. In the event that an elected Community Standards Council representative is unable to fulfill their duties for one full semester or more, the position will be filled by an interim member. The procedure to fill an interim position is the same as for any vacancy. See Section 8.1 (i-iii). The interim position will serve for a period subjectively defined by the President and Vice President.

SECTION 9. Removal from the Council

A member of the Council may be removed from their position by three-fourths vote of eligible members. Conditions warranting removal from the Council may include, but are not limited to: exceeding three absences in the course of one elected term, or two in one semester, from any committee meeting, Council meeting, hearings, or other functions of the Council; any violation of the Honor Code or the Standards of Conduct; Oath of Privacy; or an expressed lack of respect for the Standards of Conduct. Removal may be sought by any member of the Community Standards Council or the OCS Administrator. A hearing will be held at which the person seeking removal will be heard as well as the Council Member whose removal is sought. The Council may hear other witnesses or consider other evidence as determined by the Community Standards Council President in consultation with the OCS Administrator.  The Council member in question and, if applicable, the Council Member seeking removal, may not vote in this matter.

SECTION 10. Hearing Schedule

Ordinarily hearings will be conducted during the semester in which the alleged violation occurs. In the event that convening a hearing prior to the end of the semester is difficult or impossible, the President, after consulting the OCS Administrator or designee may exercise one of the following options:

  1. The President may schedule a hearing prior to the start of the next academic session, including a hearing during the academic break when classes are not in session. 
  2. In the event it is difficult or impossible to convene a Community Standards Council comprised of no less than four (4) of the Eligible Voting Members, or upon the occurrence of other extenuating circumstances, a case may be transferred to the OCS Administrator, or their designee, for adjudication, upon consultation of the Community Standards Council President.
  3. Cases may be scheduled for a hearing in the following semester at the discretion of the President in consultation with the OCS Administrator for the CSC.

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Article III—Proscribed Conduct

SECTION 1. Jurisdiction of Rhodes College

Students may be sanctioned for conduct which constitutes a hazard to the health, safety, or well- being of members of the College community or which is detrimental to the College’s interest whether such conduct occurs on campus, off campus, or at College-sponsored events. The OCS Administrator or designee, upon consultation with the Community Standards Council President, shall determine whether cases are within the jurisdiction of the Rhodes College Community Standards Council.

SECTION 2. Violations

The Community Standards Council recognizes three major responsibilities of every student:

  1. Each student is responsible for their behavior at all times and under all circumstances. Intoxication or the influence of drugs will not be considered a mitigating circumstance in judgment by the CSC of disruptive behavior.
  2. Each student is responsible for the actions of their guest and may be held socially and financially responsible for any social offenses committed by that guest.
  3. Since shared community standards are necessary to maintain an atmosphere of respect among individuals in the community, it is the responsibility of every member of the community to report to the CSC any violation of the Standards of Conduct.

Violations of the Standards of Conduct include, but are not limited to, the following:

  1. Lying in Official Matters and/or Dishonest Conduct.   The term “lying” in official matters or “dishonest conduct” is defined as:
  • Making an untrue or deceptive statement; 
  • Making a material omission, or conveying a false impression, with the intent to mislead a Rhodes College official in an official matter; or falsifying, altering, or misusing official material with the intent to mislead a Rhodes College official in an official matter. Official matters and material include, without limitation, matters having to do with course work, college administration, faculty, residence hall administration, Campus Safety, Honor Council, or Community Standards Council. If an respondent student has lied in an Honor Council hearing, the Council may use the lie as evidence relating to the Respondent to the Honor System when determining a outcome. 
  • Misuse or falsification of any state, federal, or University documents, forms, records, identification cards, or funds by actions such as forgery, alteration, or improper transfer;
  • Possession of a false identification card or possession of another’s identification card.
  1. Stealing. The term “stealing” is defined as the act of intentionally taking, appropriating, or transferring, without right or permission, the academic property of any individual, organization, or institution, either permanently or temporarily associated with the Rhodes community.  Outside the academic context, stealing is the attempted or actual theft of services or property of the College, of a member of the College community, or other personal or public property.  The following are examples of what could be considered under the definition of stealing: 
  • Appropriating or obtaining access to files or any other electronically stored information without authorization of the owner of such files or information 
  • Taking papers, files, gradebooks, notes, past tests or exams or other academically-related information without the owner’s authorization 
  • Removal of or otherwise making unavailable any material from the Rhodes College library without permission 
  1. Violation by Guest. Any Honor Code/Standards of Conduct violation committed by a guest of a Rhodes College student, excluding prospective students registered through the Admissions Office, shall be the responsibility of their host.  Failure of a student host to reasonably supervise guest behavior, including behavior occurring in their residence hall rooms, behavior at student organization events, college-sponsored events, and behavior by off-campus guests.  
  2. Interfering with College or College sponsored activities, including but not limited to, studying, teaching, research, college administration, campus safety, or fire, police, or emergency services. 
  3. Bullying and Other Abusive Behavior. This offense includes, but is not limited to: 
  • A pattern of targeted, unwelcome conduct directed at an individual or group that is a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s educational programs or activities.    
  1. Hate-Motivated Acts.   Engaging in verbal, written or physical conduct that is (i) based on a person’s or group’s race, sex, national origin, sexual orientation, religion, gender identity, age (40 or over), or disability; and (ii) is intended to intimidate or injure the person physically, mentally or emotionally. 
  2. Disorderly Conduct. Conduct that is disorderly, lewd, or indecent; conduct that has the effect of unreasonably disrupting the life of or interfering with the activities of persons or groups in the college community.
  3. Endangering health and safety. Attempting or causing physical assault, verbal abuse, threats, coercion, and/or other conduct that threatens or endangers the health or safety of any person, including the accused student. Includes conduct that reasonably makes or could be anticipated to make others feel unsafe. 
  4. Interfering with the freedom of expression of others.
  5. Vandalism/Property Damage. Attempted or actual destruction/damage and/or defacement to property of the College or property of a member of the College community or other personal or public property, on or off campus. 
  6. Hazing, hazing includes acts that cause mental or physical discomfort, embarrassment, harassment, ridicule, humiliation, intimidation, or endangerment of health and safety, regardless of affiliation, including but not limited to recruiting, joining, pledging, initiating, admitting, affiliating, participating, or retaining membership in an organization or team. 
  • Pressuring, coercing, and/or violating federal, state, provincial, local law, organizational, NCAA, or college policy;  
  • Consumption of any food, liquid, alcohol liquid, drug, or other substance in any non-customary manner;  
  • Physical contact, including and not limited to beating, paddling, branding, dangerous physical activity, exposure to elements, or threats of such conduct;  
  • Any other forced physical activity that could adversely affect the health or safety of the student; 
  • Any activity or exercise that is inconsistent with the mission of the organization/team;  
  • Any activity that could adversely affect the mental health or dignity of the individual through acts such as line-ups or berating, sleep deprivation, forced or coerced exclusion from social interaction, forced or coerced wearing of clothing/apparel, forced conduct, threats of such behavior that could result in extreme embarrassment or any other forced activity that could negatively affect the student’s mental health or dignity; 
  • Disruption of academic performance or class attendance, including early morning or late-night work sessions,  
  • Personal or financial servitude (e.g., not limited to doing someone’s laundry, buying someone’s food, driving someone around/“chauffeuring” someone, completing someone’s classwork for them); 
  • Publicly wearing apparel that is conspicuous and not generally in good taste;  
  • Engaging in public stunts, 
  • Any activity that a reasonable person would view as morally degrading or humiliating games and activities. 
  • Kidnapping or abandonment
  1. Failure to comply with directions of College officials, including campus safety officers, in performance of their duties. 
  2. Unauthorized possession, duplication or use of keys to any College premises or unauthorized entry to or use of College premises. 
  3. Possession of weapons of any type by students or guests while on College property, including firearms, B-B guns, pellet guns, bows and arrows, hunting knives, explosives or other weapons, except as specifically permitted by the Weapons Policy in the Student Handbook.  
  4. Violation of the College’s Social and Alcohol 
  5. Violation of the College’s Drug Policies.
  6. Violation of any College regulation or policy.
  7. Violating the terms of any disciplinary outcome imposed in accordance with the Honor Code or Standards of Conduct.
  8. Violation of any federal, state or local law.
  9. The agreement to (can be inferred by silent presence or failure to act) or support for an act that is against federal, state, or local laws, Honor Code, Standards of Conduct, or College policy. 

Lack of knowledge of these policies does not absolve responsibility for these violations.

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Article IV—Community Standards Council Hearing Procedures

SECTION 1. Investigation and Pre–hearing

  1. Any member of the Rhodes community having knowledge of a possible Standards of Conduct violation should report it to the OCS Administrator or to the President of the Community Standards Council in a timely manner.
  2. Upon receiving a report of an alleged violation, the President of the CSC shall confer with the OCS Administrator to determine the appropriate disposition of the report, which will be either through an administrative hearing, to be investigated and adjudicated solely by the OCS Administrator, or through investigation and adjudication by the CSC. If a report is to be addressed by the CSC, the President of the CSC shall appoint a member of the Council to thoroughly investigate the suspected violation to determine whether the alleged violation will result in a hearing before the CSC or other appropriate student hearing board.
  3. A CSC member involved in the investigation as an Investigator, the Complainant, or as a Witness shall not be allowed to vote or deliberate in the hearing. 
  4. During the pre-hearing investigation, the Investigator shall interview the Respondent, the Complainant, and any other witnesses deemed pertinent by the Investigator.  The Investigator shall also gather documentary evidence that the Investigator deems pertinent to the issues raised in the report.
  5. Any student identified as an active part of the investigation is required to comply with every part of the process.  Such students may not decline to participate in the process without good cause, as determined by the CSC President in consultation with the OCS Administrator. If a Respondent declines to participate in the process, the outcome will be determined without their input.   
  6. The Respondent shall choose an Advisor from the members of the Community Standards Council, excluding the President, the Vice President when serving as President, the two Secretaries, and the Investigator. Should the Vice President be selected, the President shall assume the Vice President’s duties. If the respondent does not choose an Advisor within 24 hours of notice, then the President of the Council will appoint an Advisor for the respondent. The Advisor’s role is limited to informing the Accused concerning Community Standards Council procedures and answering any questions about those procedures. The Advisor is foremost a member of the Community Standards Council and does not represent the respondent. The Advisor shall not be present in Council deliberations and shall not vote on the disposition of the case.
  7. A pre-hearing committee shall be composed of the CSC President, the two Secretaries, and the Investigator.
  8. Once the investigation is completed, the CSC President shall call a meeting of the pre-hearing committee at which the Investigator shall present all information they have gathered concerning the alleged violation to the pre-hearing committee. After all the facts have been considered and the committee feels fully acquainted with the situation, the committee, excluding the Investigator, shall decide by majority vote whether or not a hearing, further investigation, both, or a case dismissal is warranted. Additionally, the pre-hearing committee may decide if the case shall be transferred to another  hearing body or the Rhodes College administration.
  9. If the pre-hearing committee decides that the evidence is sufficient to warrant a hearing, the President shall set a time for the hearing, and notify the Respondent (Outlined in Article IV, Section 2).

SECTION 2. Hearing Procedures Relating to the Respondent

  1. The Respondent shall be notified in writing that a complaint is to be taken to a formal hearing at least forty-eight (48) hours prior to the hearing. This time period may be extended  by the President of the Community Standards Council. The President may also grant an extension of the time between notice of the charges and the hearing for other extenuating circumstances.
  2. When notice of the hearing is served, the Respondent shall receive a case packet identifying the nature of the alleged violation(s), the name(s) of the individual(s) reporting the alleged violation(s) to the Council, the time and place of its alleged occurrence, a summary of any interviews conducted by the Investigator, and any documentary evidence to be considered by the Council at the hearing.  The respondent will also receive a written list of hearing procedures as outlined in this article.
  3. The Respondent shall be required to meet with the OCS Administrator or designee prior to the hearing. 
  4. The Respondent shall be allowed to hear all evidence presented in the hearing, but the Respondent shall not be present during Council deliberations. The Accused may Respondent may offer such proof as is relevant and material, as determined by the CSC President, to any issue coming before the Community Standards Council for decision in their hearing, including, without limitation, the introduction of documentary evidence, the calling of witnesses with relevant knowledge and the questioning of the Complainant and other witnesses. All evidence and a complete list of witnesses shall be submitted by the Respondent to the Investigator no later than 24 hours before the hearing.  The CSC reserves the right to postpone the time of the hearing to properly evaluate any new evidence submitted after the Pre-hearing Committee has met.  The Respondent shall be responsible for securing the appearance of their witnesses at the hearing. Evidence submitted less than 24 hours prior to the hearing will not be considered absent good cause, as determined by the Community Standards Council President.
  5. If the Respondent believes that any member of the CSC has a conflict of interest or bias that would prevent them from being fair and impartial, the Respondent shall inform either their Advisor or the OCS Administrator in writing no later than 48 hours before any scheduled hearing. Any objections of this nature not presented less than 48 hours before the hearing shall be deemed waived.
  6. All participants in the hearing process is required to keep the matter under consideration confidential. The Respondent may  and may  consult with a chosen faculty member, family members, counselors or attorney.
  7. The Council may find the Respondent “Responsible” of the Standards of Conduct only upon a preponderance of the evidence. Under this standard, a violation has occurred if it is more likely than not (greater than a 50% chance) that a violation of the Standards of Conduct occurred.
  8. The Respondent may be found responsible of the Standards of Conduct only for the violation(s) which is the subject of the hearing.
  9. If the Respondent fails to participate in the hearing process, the Council may continue with the hearing procedures. In such a case, the Council shall assume a claim of “Not Responsible” on the part of the Respondent and shall assume that the Respondent presents no defense.
  10. In cases in which two or more students are respondents of a joint violation, the Council may conduct one hearing for the joint violation but shall arrive at an independent decision for each respondent.
  11. If found “Responsible” of the Standards of Conduct, the Respondent may call for an appeal of the Council’s decision and/or outcome by the members of the Appeals Committee. The Respondent must request the appeal in writing to the OCS Administrator within four business days of the receipt of the Council’s written decision, and the Respondent must indicate  the specific ground(s) upon which their appeal is based (see Article IV, Section 5 for the grounds upon which an appeal may be requested).

SECTION 3. Hearing Procedures

  1. The procedures for conducting a Community Standards Council Hearing shall be as follows:
  2. The President of the Community Standards Council shall preside. In the absence of the President, the Vice President shall preside.
  3. The Council must act with complete impartiality. Any Council member who believes that their participation in any aspect of the investigation or hearing process constitutes a conflict of interest must report the potential conflict of interest to the Community Standards Council President, who shall decide whether that member be recused.  
  4. An audio recording of the hearing shall be made, and the Secretary shall keep minutes of the proceedings. Deliberations of the Council shall be absolutely private, and no record of the deliberations shall be made.
  5. The Complainant, the Respondent, and the Respondent’s Advisor may observe all evidence presented during the hearing but shall not be present for deliberations. Witnesses may be present only during their own testimony. The Investigator may be present during both the hearing and deliberations, but the Investigator’s participation in deliberations shall be limited to the clarification of facts; the Investigator assigned to the case may not deliberate or vote.  Upon the request of a Witness, arrangements may be made for the Witness to testify via video for good cause shown, as determined by the President in consultation with the OCS Administrator. Disruptive behavior on the part of anyone present shall result in immediate and permanent removal from the hearing. No other persons may be present during the hearing.
  6. The hearing shall be conducted under the Oath of Privacy and the Complainant, witnesses, and Council members involved in the hearing shall take the following Oath of Privacy: “On my honor, I agree to respect the sensitive nature of these proceedings by keeping them confidential.”
  7. Every person who testifies at the hearing shall take the following Oath of Truth: “On my honor, I do solemnly swear to tell the truth, the whole truth, and nothing but the truth.”
  8. After the Oath of Truth has been administered, the Council may call the Complainant and/or witnesses relevant to the case or may rely solely on the evidence in the case packet. The Respondent may present witnesses with relevant knowledge and any other relevant evidence. The President shall decide questions concerning the relevance and/or admissibility of the witnesses/evidence. The Respondent shall not be required to make an opening and/or closing statement or answer questions unless they wish to do so. 
  9. All statements or questions from the Respondent, the Complainant, and Witnesses shall be addressed to the Presiding Officer.  Participants in the hearing are not permitted to address one another directly.
  10. Questions asked during the hearing by members of the Council, should be relevant, understandable and civil.  The Presiding Officer  shall have the discretion to ask that a question be rephrased or order it withdrawn if it does not meet the standards of this paragraph.
  11. Legal counsel retained by a Respondent student or any other person participating in the hearing shall not attend any hearing of the Community Standards Council. Any advice or assistance requested of legal counsel by a student must be obtained prior to the hearing.
  12. The Council’s findings of “Responsible” or “Not Responsible” shall be based only on the merits and facts of the case at hand.
  13. The Respondent shall be considered “Not Responsible” throughout the course of the hearing      until the CSC has heard and deliberated on the entire case  and the Respondent has been found “Responsible” of the Standards of Conduct by a  preponderance of the evidence.
  14. If after all available evidence has been heard and a motion to vote on " Responsible" or "Not Responsible" has been properly moved and seconded, two-thirds of the members of the Council present at the hearing and entitled to vote may find the Respondent “Responsible.” Otherwise, the Respondent shall be found “Not Responsible,” and the case shall be dismissed.
  15. A quorum for a Community Standards Council hearing shall be determined as follows:
  16. Fifty percent plus one, but no less than six of the eligible voting members shall constitute a quorum for a hearing. The Community Standards Council shall render no decision without the presence of a quorum.
  17. If, for any reason, a quorum cannot be achieved, the Respondent may agree to one of the following options:
  • To proceed with the hearing with less than a quorum; or
  • To postpone the hearing for a reasonable period of time (to be determined at the discretion of the President of the Community Standards Council and the OCS Administrator or designee) until a quorum of regular Community Standards Council members can be established.

SECTION 4. Outcomes

  1. Outcomes of a CSC violation shall be determined by a two-thirds majority of Council members present at the hearing who are entitled to vote. 
  2. When determining outcomes for an individual found in violation of the Standards of Conduct, the following criteria shall be considered along with any other factors determined by the CSC to be relevant:
  3. The CSC’s responsibility to ensure the effectiveness of the Standards of Conduct for the Rhodes College community.
  4. The nature and severity of the offense.
  5. The ability of the Respondent to reenter campus life under the Standards of Conduct.
  6. A determination, by a preponderance of the evidence, that the Respondent has lied during the investigation or hearing processes.
  7. The level of cooperation of the Respondent during the investigation or hearing processes.
  8. The probationary status, previous discipline, or any past suspensions of the Respondent. These shall be considered only when determining outcomes, and the President shall notify the Council of the Respondent’s disciplinary history only after the Council, by proper vote, has found the Respondent “Responsible.” The probationary status or any past suspensions of the Respondent should cast extreme doubt on the ability of the Respondent to reenter campus life under the Standards of Conduct.
  9. The following outcomes may be imposed upon any student found to have violated the Standards of Conduct:
    • Warning: This outcome will be used in cases in which the College determines that the appropriate lesson has been learned and conclude the matter with a formal letter of warning. 
    • Disciplinary Probation: A written notification for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary outcomes if the student is found to violate any institutional regulation(s) during the probationary period.  Students on disciplinary probation are considered not in good social standing with the College. Good Standing may be required for participation in certain campus activities. In addition, students not in good standing may have their conduct reviewed for leadership or employment positions on campus. 
    • Loss of Privileges: Denial of specified privileges for a designated period of time. 
    • Fines: Previously established and published fines may be imposed. 
    • Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement. 
    • Discretionary Outcomes: Work assignments, service to the college, education, referral to counseling, or other related discretionary assignments (such assignments must have the approval of the OCS Administrator or their designee). 
    • No Contact: a preventative measure when alleged violation(s) of the Standards of Conduct are reported.  At the discretion of the Director of Community Standards, or their designee, a NCO can be issued as a means of informal resolution. The NCO will usually state that the individual may have been involved in a situation where a violation of College policy occurred and prohibiting the individual from contacting another student(s). 
    • Residence Hall Suspension: Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. 
    • Residence Hall Expulsion: Permanent separation of the student from the residence halls. 
    • College Suspension: Separation of the student from Rhodes College for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. 
    • College Expulsion: Permanent separation of the student from Rhodes College. 
  10. More than one of the outcomes listed above may be imposed for any single violation.
  11. Disciplinary outcomes shall not be made part of the student’s permanent academic record, but shall become part of the student’s confidential record.
  12. Each year, the Secretaries may, in the discretion of the President, and in consultation with the OCS Administrator, post a list of charges and Council decisions with names omitted.

SECTION 5. Appeals

  1. A decision reached by the Community Standards Council or a outcome imposed by the Council may be appealed by the Respondent or two or more Council members to the Community Standards Council Appeals Committee within four business days of the decision. Such appeals shall be in writing and delivered to the OCS Administrator or designee, and shall specify the basis for the appeal. Once the appellant(s) submit their appeal, the Community Standards Council President will write a response to the appeal to be submitted to the Community Standards Council Appeals Committee.
  2. Except for the limited purpose of hearing new evidence pursuant to (4) below, an appeal shall be limited to a review of the verbatim record of the initial hearing and supporting documents on one or more of the following grounds:
  3. The hearing procedure was not followed. 
  4. The outcomes imposed were inappropriate for the violation of College policy.
  5. New and relevant information, sufficient to alter the decision, that was unknown or unavailable to the appellant at the time of the original hearing.
  6. In the event of an appeal, the President of CSC, the Respondent, and the Advisor for the Respondent shall meet with the CSC Appeals Committee to review the case.  An audio recording of the meeting shall be made.
  7. The CSC Appeals Committee shall consist of the Dean of Students, or the Dean’s designee, one student (usually the President of the Honor Council), and one staff member in Academic Affairs. Committee members may ask questions subject to the approval of the Chair. The Appeals Committee shall deliberate in closed session and either sustain the decision of the Council or return the case to the CSC for reconsideration with remarks and suggestions. 

SECTION 6. Reconsideration of Council’s Decision 

If a case is returned to the Community Standards Council by the Community Standards Council Appeals Committee, the Standards of Conduct Council shall reconsider the case as soon as practical after the notification of its return. A quorum for reconsideration shall consist of at least three-fourths of the voting members present at the original hearing. During a reconsideration, the Community Standards Council shall consider the remarks and suggestions of the Appeals Committee, recall any witnesses, the Complainant, or the Respondent if deemed necessary for the clarification of facts, and either sustain the original decision and /or outcome or render a new decision and/or outcome based on the procedures outlined in Article IV. A reconsideration of the outcome(s) imposed shall not result in a more severe outcome for the Respondent. The second decision of the Community Standards Council shall be final.

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Article V—Interpretation and Revisions

This Constitution may be amended by the following procedure:

  1. Proposed amendments must be approved by two-thirds vote of the entire membership of the Community Standards Council and by the President of Rhodes College.
  2. Proposed amendments shall be publicly announced at least seven days prior to the referendum.
  3. To be adopted, amendments must be approved by the affirmative vote of a majority of the student body voting a referendum called for that purpose.
  4. Amendments shall become effective immediately when the above steps are completed and communicated to the student body.

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