General Assembly

Minutes from January 25, 2007

Associated Students of Occidental College

General Assembly Minutes

January 25, 2007

12:00-1:30, J200

Minutes by Chelsey Brack

Senate Members Present: Andrew DeBlock, Konstantin Chaykovskiy, Amy Laslett, Max Thoman-Tedford, Patrick McCredie, Jimmy Gillan, Teddy Zou, John Wilson, Matt Kuzio.

Guests Present: Daniel Landesman, Abe Cohen, Rourke (Rory) Harrington, Ben Torgerson, Conor Sanchez, Ivan Kostic, Max Read, Spencer Jemelka, Debbie Afar, Brittany Sanders, Justin Gunn, Chelsey Brack (12).

Katie opened the meeting at 12:43 PM. Katie welcomed everyone to the official student forum. The General Assembly is a place for students to bring up issues and policy change. The General Assembly recognizes that the student body is one of many forums that form the community. This is a forum for students to work with other students and administrators. Katie introduced the Honor Board.

1. Honor Board - Maddie Knaup, Abe Cohen, Ben Torgerson, Rory Harrington

Maddie Knaup read the changes to the By-laws that the Honor Board has made (see document below)

HONOR BOARD BY-LAWS

Article I: Name

The name of this organization shall be the Honor Board of the Associated Students of Occidental College, hereinafter referred to as the Honor Board.

Article II: Purpose

The Honor Board shall be responsible for upholding and propagating the Honor Code, which states in Article V, Section 3A of the Constitution: “No student shall take unfair advantage of another student or another member of the Occidental Community.”

Article III: Structure and Authority

Section 1: Definition of Components

The Honor Board shall carry out its purpose through serving on the Judicial Council and Academic Judicial Hearing Panel, overseeing processes of Mediation and conducting Honor Board Hearings.

A. Judicial Council - The judicial council shall rule on any case related to infractions of conduct code violations as stated in the student handbook. This council will consist of one faculty member, one administrator and two Honor Board jurors as defined by the student handbook.

B. Academic Judicial Hearing Panel - The Academic Judicial Hearing panel shall rule on any case related to the Academic Policies of Occidental College and Academic Honesty as defined in the Student Handbook. This panel will consist of the chair of the Academic Standing and Student Conduct Committee, two faculty members, one administrator from the Office of the Dean of Students and two Honor Board jurors as defined by the student handbook. (Still pending Academic Judicial Hearing Panel approval)

C. Mediation - Mediation is designed to facilitate understanding among conflicting parties in lieu of an Honor Board hearing. Mediation shall consist of informal and formal mediation.

i. Informal Mediation - Parties involved in an alleged violation of the Honor Code may meet without administrative or ASOC intervention and attempt to come to a consensual agreement about how to address the Honor Code violation.

ii. Formal Mediation - Parties involved in an alleged violation will apply the Honor Code in a formal mediation process in which each party will meet with a trained, non-Honor Board Juror mediator to facilitate dialogue and resolution.

D. Honor Board Hearings - If mediation fails and/or the alleged Honor Code violation does not fall under the jurisdiction of the Academic Hearing Panel or the Judicial Council, then the case may come before the Honor Board. An Honor Board Hearing will involve three (pending Constitutional Amendment) Honor Board jurors who shall craft a recommendation that will be reported to the Dean of Students.

Section 2: Authority

The Constitution of the Associated Students of Occidental College grants the Honor Board the authority to interpret standards of honor among Occidental College students.

Article IV: Members

Section 1: Membership

A. Jurors -The Honor Board shall be comprised of ten generally elected members of the student body. Members shall be referred to as Jurors. The jurors will designate an Honor Board Chair from among their membership (beginning with the 07-08 school year and pending Constitutional Amendment).

B. Election of Jurors - Vacant seats will be filled through the ASOC election process. If the number of vacant seats is even at the end of the year, half of those seats will be voted for during the spring election of that year. The other half will be voted for during the fall election of the following academic year. If the number of vacant seats on Honor Board is odd, a simple majority of open seats will be elected in the fall of the academic year. The remainder of open seats will be elected in spring.

C. Eligibility of Membership - Prospective Jurors must submit to an academic and disciplinary review conducted by the Honor Board Advisor.

D. Term of Membership - A term of membership shall be two academic years. No Juror shall serve more than a single term. The position of Chair shall be voted on at the beginning of each academic year. Seniors are eligible to run for single year terms. If a juror decides to study abroad during the middle of the term, s/he may complete the remainder of the term upon his/her return.

Section 2: Duties of Membership

A. The Honor Board Chair shall:

i. Chair all official meetings.

ii. Serve as the ex-officio Juror of all Honor Board Hearings and official meetings.

iii. Uphold the mission statement of Occidental College and the high standards of honor that the Honor Board is designated to espouse.

iv. Attend all official meetings and training sessions.

v. Serve as Honor Board liaison to the Dean of Students Office by presenting all official recommendations and decisions of Honor Board.

vi. Perform other relevant duties as assigned by Honor Board.

vii. Set the agenda for all official meetings.

viii. Correspond with any individuals involved in a Honor Board Hearing including complainant(s), respondent(s), and witness(es).

ix. Open all Honor Board Hearings.

B. Generally Elected Jurors shall:

x. Have the power to cast 1 vote.

xi. Be eligible to serve on committees designated by Honor Board.

xii. Uphold the mission statement of Occidental College and the high standards of honor that the Honor Board is designated to espouse.

xiii. Attend all official Honor Board meetings and training sessions.

xiv. Perform other duties as assigned by Chair and/or Honor Board.

xv. Inform and educate the Occidental Community about Honor Board actions and decisions while maintaining confidentiality.

C. Publicity - At the end of each semester the Honor Board shall publish a confidential summary report of the findings and sanctions for that semester’s cases.†The report will exclude unresolved cases and those cases still subject to appeal. With the exception of cases in which all parties and witnesses agree to waiver their right to confidentiality, the Honor Board shall not publish the names of the parties participating in the case.† To fulfill this obligation the Honor Board Chair shall:

xvi. Send a copy of the report to the Honor Board Advisor for approval to publish.

xvii. Send a copy of the report to the editor of the Occidental Weekly.

xviii. Send a copy of the report to the program director of KOXY.

xix. Post the report on the ASOC website.

xx. Re-release the report at the beginning of the following semester.

D. Training - All members of the Honor Board shall meet at least once a year for training with the Honor Board Advisors and/or other designated trainers. This training should have substantive time dedicated to social equity and understanding.

E. Confidentiality - Due to the sensitivity of Honor Board cases, jurors must keep details about all cases confidential. A juror charged with disclosing confidential material will be reviewed by Honor Board and may also be liable to penalties from the Dean of Students and the Occidental College Judicial Council. If a juror wishes to discuss the merits or shortcomings of a case, the juror shall do so with other members of Honor Board, the Honor Board advisor, or the Dean of Students.

F. Attendance - Every Juror must attend all official meetings as specified in the Honor Board House Rules. Reprimands for Jurors who do not attend the required meetings shall be specified in the Honor Board House Rules.

Section 3: Vacancies

A. Resignation - A Juror may resign in good standing by submitting a letter of resignation to Honor Board and the ASOC President one week in advance of relinquishing his or her duties.

B. Removal - Jurors may be removed from membership:

i. If a change in academic or disciplinary status causes the Juror to no longer be eligible for membership.

ii. In other instances specified in the Honor Board House Rules. These instances include, but are not limited to: insufficient commitment by a juror and/or failure to complete official Honor Board duties. Instances shall further be addressed in the Honor Board House Rules.

a. In any instance, the Juror in question shall have the right to speak in his or her defense prior to the removal vote.

b. Jurors shall not be removed from membership by any vote less than 2/3 of the Honor Board. A Juror may not vote in the matter of his or her own removal.

C. Filling Vacancies - Vacancies on Honor Board shall be filled by regularly scheduled elections.

Article V: General Procedures

Section 1: Voting

A. Hearings - Except for the Chair, who has no votes, each Juror present at an official hearing has one vote.

B. Meetings - For all other official decisions outlined in the Honor Board House Rules, the Chair and each Juror has one vote. Simple majority vote is required for passage.

Section 2: Excusal of Jurors

A. Voluntary Removal of Jurors - If an Honor Board member believes that s/he has a conflict of interest in relation to the case outcome, s/he has the right to be removed from the Honor Board hearings. This Juror shall submit a formal letter outlining the conflict of interest for recording purposes.

B. Student Requested Removal of Jurors - If a student involved in Honor Board proceedings (the respondent or complainant) believes that a member of Honor Board has a conflict of interest in relation to the case outcome, the student shall formally request said Juror’s removal from the proceedings. Honor Board shall discuss the request and choose to remove the said member by a simple majority vote. The Juror in question shall abstain from voting, but shall still have the right to voluntarily remove themselves. A student may request at most the removal of two jurors.

Article VI: Judicial Council

Section 1: Purpose

The Judicial Council will address issues of student misconduct as defined in the Occidental College Student Handbook. All behavior has consequences. The Occidental College Judicial Council is used to enforce the Code. Reflecting the College’s commitment to learning, students charged with violating the Code of Conduct are encouraged to grow in their respect for others, to understand how their behavior affects the community and to alter their behavior as necessary.

Section 2: Operational Procedures

The operational procedures of the Judicial Council are addressed in the Occidental College Student Handbook.

Article VII: Academic Judicial Hearing Panel

Section 1: Purpose
The Academic Judicial Hearing Panel will address issues of academic honesty in cases including but not limited to plagiarism and cheating. These types of academic misconduct are subject to disciplinary action. The Academic Judicial Hearing is not a court of law, characterized by adversarial relationships among those involved in the proceedings. Rather, it is a fact finding body within an academic community that is guided by College regulations and a sense of fair play.

Section 2: Operational Procedures

The operational procedures of the Academic Hearing council are addressed in the Occidental College Student Handbook.

Article VIII: Mediation

Section 1: Purpose

Mediation shall serve as a method of conflict resolution to be utilized by students in lieu of an Honor Board hearing. This Mediation Committee will facilitate formal mediation. Informal mediation will occur outside the jurisdiction of Honor Board.

Section 2: Membership and Structure:

A. Membership:

i. No Honor Board Jurors or any other elected or appointed ASOC officers may serve on the Mediation Committee.

ii. Consists of students who are trained in mediation and are appointed capable formal mediators by the Associate Dean of Students.

iii. The Mediation Committee is a separate body from the Honor Board that works in conjunction with the Honor Board.

B. Participants - Mediation sessions shall consist of the complainant, the respondent, their respective advisors, and a trained student mediator.

C. Arrangement of Mediation - Mediation sessions will be arranged at a date, place and time convenient to both the complainant and the respondent.

Article IX: Honor Board Hearing

Section 1: Purpose

An Honor Board Hearing is a method of conflict resolution and addresses community issues that fall outside the jurisdiction of the Judicial Council and Academic Judicial Hearing Panel. There are three ways that a case may reach an Honor Board Hearing.

Section 2: Mediation

A. Designation - When formal mediation fails, a participant may request an Honor Board Hearing to give resolve to the conflict.

B. Formal Complaint - After formal mediation has occurred, a participant may petition for an official hearing by submitting a formal letter to the Honor Board Chair. Within three days of receiving the complaint the Chair will hold a general Honor Board meeting to determine if the case merits a hearing.

Section 3: Dean of Students Office

A. Designation - The Dean of Students Office may designate a case to an Honor Board Hearing. The Honor Board shall hear the case and present a formal recommendation to the Dean of Students.

B. Formal Complaint - Any student may submit a formal complaint to the Dean of Students Office and request an Honor Board Hearing without participating in formal mediation. If the Dean of Students Office deems the case appropriate and outside of the jurisdiction of the Judicial Council and Academic Judicial Hearing Panel then the case may proceed to Honor Board for review.

Section 4: ASOC infractions

A. Designation - Misconduct by a student while serving in an official non-paid role shall be subject to an Honor Board Hearing. In such cases, the decision of the Honor Board is final and may include removal from office and suspension of club funds.

B. Formal Complaint - Any student may submit a formal complaint about an ASOC issue to the Honor Board Chair. Within three days of receiving the complaint the Chair will hold a general Honor Board meeting to determine if the case merits a hearing.

Section 5: Hearing Procedures

A. Submission of formal complaint must include:

i. The grounds on which the complainant(s) believes that a violation of the Honor Code has been committed.

ii. A brief description of the actions that the complainant(s) believes to constitute a violation.

iii. The names of the persons believed to have committed a violation, if the names of such violators are known to the complainant(s).

iv. A list of witnesses with information that is pertinent to the case.

v. A statement of why informal mediation was unsuccessful or did not occur.

B. Scheduled Hearing - A Hearing will occur within five and ten workdays of the complaint being filed.

C. Refusal of Cases - With each written complaint not heard by Honor Board, Honor Board will provide a detailed response pertaining to why Honor Board felt the case was unwarranted. The response shall be kept on record for future Honor Board scrutiny. Honor Board reserves the right to recommend informal or formal mediation.

D. Quorum - Quorum of Honor Board shall consist of three Jurors rotating randomly in addition to the Honor Board Chair who shall be present at all hearings.

E. Voting - In all hearings, decisions on a recommendation to the Associate Dean of Students must be by a consensus. In the case that consensus cannot be reached, a vote by simple majority will be taken. The Honor Board Chair does not vote.

F. Record of Hearings - All Honor Board Hearings will be recorded and kept for two years, at which point they will be destroyed. All confidential case summaries will be kept on file for use as precedent.

G. Access to Hearings - All Honor Board Hearings shall be confidential.

Article X: Amendments

Section 1: Proposal

To be valid any amendment to these bylaws must be approved by Honor Board, the General Assembly, and Senate.

A. Initial Proposal - Members may propose an amendment to these bylaws at any regular or special meeting held by Honor Board. The proposal must include the complete text of the proposed amendment and may not be voted on until the following meeting.

B. General Assembly Approval - Amendments approved by the Honor Board shall be referred to the General Assembly for approval. Assembly membership must receive notice of the meeting at which the amendment will be reviewed at least seven (7) days prior to the meeting. A properly presented amendment requires a majority vote for passage in the General Assembly.

C. Senate Approval - Amendments approved by both Honor Board and the General Assembly shall be referred to the Senate for final approval. Senate membership must receive notice of the meeting at which the amendment will be reviewed at least five (5) days prior to the meeting. A properly presented amendment requires a two-thirds vote by Senate for passage.

Section 2: Effective date of amendments

Amendments to these bylaws shall take effect at the adjournment of the Senate meeting at which they are adopted unless otherwise provided.

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John Wilson asked where the records of situations dealt with by the Honor Board are and if they are destroyed for confidentiality, and Rory answered that they were destroyed for confidentiality reasons, but that the Honor Board does keep the records without the names so that in the future they are able to look back on other Honor Board records and compare the way they have dealt with situations in the past.

Jimmy Gillan asked about the Honor Board Chair position, asking if if the president gets a vote in who the Honor Board Chairperson is if he/she is an elected juror, and Maddie answered that no, they are chairing the hearings, and that its common for the chair not to have a vote. Abe confirmed what Maddie said. Daniel Landesman asked how long the chairperson holds that position, and Maddie answered that it is a position, when elected, is held for two years. Daniel asked about going abroad for the Honor Board Chair and if that means that they're just replaced for that time or if the seat remains vacant while they are gone, and Maddie answered that it remains vacant, though there are plenty of jurors to fill those spaces.

Brittany Sanders mentioned how one of the Honor Board members mentioned academic status of its memberes in the bylaws, and she asked how a change in that status can effect the Honor Board member's membership, and Maddie answered that that specific issue is under review right now, as it is also under review for the ASOC Senate, and that the minimal GPA is currently 2.5.

Jimmy Gillan pointed out there was a typo in section 2.B. and Maddie changed the sentence in the bylaws to make sense.

Spencer Jemelka asked about Honor Board approval and how it works with amendments, and Maddie answered that the entire Honor Board votes except the Honor Board Chair and that it is a majority vote, and a discussion occurs pre-voting.

John Wilson asked if the Honor Board decisions could be given to the KOXY programming director and the Oxy Weekly editor so that their decisions and what is going on with the HB currently could be broadcast in some way and could reach the Oxy community faster. Max Read added, representing these parties, that they should work together with the HB and the bylaws. Maddie then changed the bylaws to say that the Honor Board would "Send a copy of the report to the program director of KOXY." The group then had a discussion about information submission to different parties to make changes public, resulting that this change to the HB bylaws would solve the problem.

John Wilson asked about the new scholarship program put on by the ASOC and asked about non-paid members of ASOC, as far as Senate goes, what is the difference, and Maddie clarified that its a scholarship, not a salary to students working for the ASOC.

Daniel asked about another change to the bylaws concerning whether the chairperson of the Honor Board has a vote or not, and Kenna asked the members of the Honor Board if other places in the bylaws say that the Honor Board Chair doesn't have a vote. Rory confirmed that it is in several other places, and then found it in the bylaws.

Jimmy Gillan asked about the Chairperson's two year term, asking if they were to go abroad if there would be an interim chair, and Maddie answered that the Honor Board is not going to write any rules on it, but that there is probably going to be a second year on the Honor Board if designated as the Chair. If the Chair goes abroad, the Honor Board will choose a new Chair. In this case, the Chair is a one year term, and then also clarified that the Chair is voted on at the beginning of each year.

Patrick McCredie asked if people are encouraged to be Honor Board chairs within the Honor Board, and Rory answered that yes there is encouragement because it is one of those things that would help with the experience of being on the Honor Board. Kenna suggested that they specify the HB Chair rules in their house rules.

Maddie asked if there were any other questions, and Spencer asked that since changes had been made to the bylaws, shouldn't it be voted on next meeting?

Katie and Kenna decided that they would hold off on the vote till next week's meeting.

Katie asked the present GA if meeting at a different time would be better for people, and asked for suggestions of other times. Brittany said that normally this time doesn't work for her, and suggested that meeting around 12:30 PM is a good time if only for an hour. John Wilson said Monday, Wednesday or Friday instead of Thursday, at lunch. Rory brought up how the meetings used to be at night, and asked why they did not anymore, and Katie answered that the meeting time was changed so that more administrators could attend the meetings. She then said for anyone who has comments or questions to email her at asocga@oxy.edu, and to join us next week for Dean Frank, and voting on the Bylaws.

Katie adjourned the meeting at 1:14 PM.