1.1 The following provisions apply to participants in all hearing processes conducted by the College or conducted by the College’s delegated authority.
1.1.1 Each individual charged with Creed violations has the following rights that are protected throughout the hearing process.
126.96.36.199 The right to be notified in writing of the charges against him/her with sufficient time to prepare for a hearing. In the event that additional charges are brought forward, a further written notice, must be forwarded to the student.
188.8.131.52. The right to be notified of the date, time, and place of formal hearings at least five (5) College business days prior to the hearing.
184.108.40.206. The right to know the nature and source of the evidence used in a hearing process. This includes the right upon the student’s request to review all documents and exhibits to be introduced at a hearing as well as a list of witnesses asked to testify at the hearing.
220.127.116.11. The right to present evidence on his or her own behalf. A person’s knowledge or intent may be inferred from the circumstances of an alleged violation.
18.104.22.168. The right to refuse to answer any questions or to make a statement. However, the hearing authority may draw inferences from this refusal.
22.214.171.124. The right to question witnesses. The Committee may rule on the relevance of these questions.
126.96.36.199. The right to be accompanied by an advisor throughout the hearing process. The advisor, with the written permission of the charged student, may:
- advise the charged regarding preparation for the hearing;
- accompany the charged to all proceedings
NOTE: Advisors are not permitted to participate directly in the hearing process or to speak for the charged student. Advisors must be members of the Newberry College community. At no point, are outside advisors, including attorneys, allowed to participate in the process.
2.1.1. Academic Resolution.
- When an instructor of record suspects a student has violated the Newberrian Creed, the instructor must notify the student in writing of his/her suspicion within 10 days of discovery.
- The instructor shall set up a meeting with the student to resolve the issue as quickly as possible.
- The instructor will make inquiry of the Office of Academic Affairs concerning any other possible violations of academic integrity.
- The student should meet with the instructor of record to discuss the possible academic integrity violation.
- The instructor should have a faculty witness of the conversation
- The student may have a witness of the conversation if they desire.
- If the student accepts responsibility, the instructor of record will impose one of the following academic penalties.
- Enter a letter grade of “F” for the assignment (first offense only); complete the Academic Integrity Violation Form and return it to the Office of Academic Affairs.
- Enter a letter grade of “F” for the course (for second offenses or particularly egregious offenses); complete the Academic Integrity Violation Form and return it to the Office of Academic Affairs; recommend to the Dean that a Non-Academic Sanction be levied.
- If the student does not accept responsibility, or fails to show up for the meeting with the instructor of record, then based on the preponderance of evidence, the instructor of record will determine the academic penalty and follow the steps above.
- The student retains the right to appeal the sanction imposed by the instructor, through the Office of Academic Affairs.
2.1.2. Non-Academic Resolution. A non-academic resolution is the disciplinary punishment imposed by the college, which may be in addition to any grade penalty.
- All allegations must be referred to the Office of Academic affairs.
- The instructor of record may make a recommendation to the Office of Academic Affairs regarding non-academic sanctions (see Section 5).
- The student will have the opportunity to meet with the Dean (or designee) to determine the nature of the recommended non- academic penalty, if any.
- At the conclusion of the meeting between the charged student and the Dean (or designee), the Dean (or designee) will choose one of the following options:
- to dismiss the charges if they are unsupported by evidence, OR
- to recommend one of the options below to resolve the charges.
- If a charge is warranted, the Office of Academic Affairs will send written notification to the charged student indicating what sections of the Newberrian Creed were allegedly violated.
If the charged student fails to meet with the Dean, a hold may be placed on the student’s registration preventing him/her from registering for future classes until the matter is resolved. Any student who has an outstanding allegation of Creed violation cannot graduate until the matter has been resolved.