Graduate Honor System Constitution

December 1991

Passed by the University Council

Article I: Purpose and Description

The Graduate Honor Code establishes a standard of academic integrity. As such, this code demands a firm adherence to a set of values. In particular, the code is founded on the concept of honesty with respect to the intellectual efforts of oneself and others. Compliance with the Graduate Honor Code requires that all graduate students exercise honesty and ethical behavior in all their academic pursuits here at Virginia Tech, whether these undertakings pertain to study, course work, research, extension, or teaching.

It is recognized that the graduate students have very diverse cultural backgrounds. In light of this, the term ethical behavior is defined as conforming to accepted professional standards of conduct, such as codes of ethics used by professional societies in the United States to regulate the manner in which their professions are practiced. The knowledge and practice of ethical behavior shall be the full responsibility of the student. Graduate students may, however, consult with their major professors, department heads, International Graduate Student Services, or the Graduate School for further information on what is expected of them.

More specifically, all graduate students, while being affiliated with Virginia Tech, shall abide by the standards established by Virginia Tech, as these are described in this Constitution. Graduate students, in accepting admission, indicate their willingness to subscribe to and be governed by the Graduate Honor Code and acknowledge the right of the University to establish policies and procedures and to take disciplinary action (including suspension or expulsion) when such action is warranted. Ignorance shall be no excuse for actions which violate the integrity of the academic community.

The fundamental beliefs underlying and reflected in the Graduate Honor Code are that (1) to trust in a person is a positive force in making a person worthy of trust, (2) to study, perform research, and teach in an environment that is free from the inconveniences and injustices caused by any form of intellectual dishonesty is a right of every graduate student, and (3) to live by an Honor System, which places a positive emphasis on honesty as a means of protecting this right, is consistent with, and a contribution to, the University's quest for truth.

The Graduate Honor System was established to implement the Graduate Honor Code, and its functions shall be:

1. To promote honesty and ethical behavior in all academic pursuits, including, but not limited to, study, research, teaching, and extension.
2. To disseminate information concerning the Graduate Honor System to all new graduate students, faculty, and other interested parties.
3. To investigate all suspected violations of the Graduate Honor Code in an impartial, thorough, and unbiased manner.
4. To try all cases involving academic infractions of the Graduate Honor Code brought before the System.
5. To assure that the rights of all involved parties are protected and assure due process in all proceedings.

All forms of academic work including, but not limited to, course work, labwork, thesis or dissertation work, research, teaching, and extension performed by any graduate student enrolled on a part-time or full-time basis under any of the admission categories listed in the Virginia Tech Graduate Catalog shall be subject to the stipulations of the Graduate Honor Code. Violations of the Graduate Honor Code are categorized as follows: Cheating, Plagiarism, Falsification, and Academic Sabotage. Violations are defined as follows:

1. Cheating: Cheating is defined as the giving or receiving of any unauthorized aid, assistance, or unfair advantage in any form of academic work. Cheating applies to the products of all forms of academic work. These products include, but are not limited to, in-class tests, take-home tests, lab assignments, problem sets, term papers, research projects, theses, dissertations, preliminary and qualifying examinations given for the fulfillment of graduate degrees, or any other work assigned by an instructor or professor, graduate committee, or department that pertains to graduate work or degrees.

Any student giving or receiving unauthorized information concerning a test, quiz, or examination shall be guilty of an Honor Code violation. Submitting work that counts towards the student's grade or degree which is not the sole product of that student's individual effort shall be considered cheating, unless, for example, the professor explicitly allows group work, use of out-of-class materials, or other forms of collective or cooperative efforts. In general, all academic work shall be done in accordance with the requirements specified by the instructor or professor. In the absence of specific allowances or instructions by the professor, students shall assume that all work must be done individually.

Some uses of permanently returned, graded material ("koofers") are cheating violations of the Code. By permanently returning graded materials, a faculty member or instructor demonstrates the intent that these materials should be accessible to all students. Such materials may be used for study purposes, such as preparing for tests or other assignments, and other uses explicitly allowed by the professor or course instructor. Once test questions have been handed out, koofers may not be used. Other specific examples of the illegal use of koofers include, but are not limited to, using koofers during closed-book exams, handing in any type of copy (e.g., a photocopy or a transcribed copy) of someone else's work (partial or complete) from a previous term, and copying a current answer key or one that was handed out in a previous term. Students may not copy and hand in as their own work answers taken from any kind of koofer. When in doubt of what may or may not be used, students should consult with the course instructor. In the absence of specific instructions concerning koofers from the instructor, students shall assume that all submitted work must be the product of their own efforts.

2. Plagiarism: Plagiarism is a specific form of cheating, and is defined as the copying of the language, structure, idea, and/or thoughts of another and claiming or attempting to imply that it is one's own original work. It also includes the omitting of quotation marks when references are copied directly, improper paraphrasing (see Plagiarism), or inadequate referencing of sources. Sources used in preparing assignments for classes, theses, dissertations, manuscripts for publication, and other academic work should be documented in the text and in a reference list, or as directed by the instructor or professor. Sources requiring referencing include, but are not limited to, information received from other persons that would not normally be considered common knowledge (Plagiarism), computer programs designed or written by another person, experimental data collected by someone else, graded permanently-returned materials such as term papers or other out-of-class assignments (koofers), as well as published sources. A more detailed discussion of plagiarism may be found in Plagiarism.

3. Falsification: Students who falsify, orally, in writing, or via electronic media, any circumstance relevant to their academic work shall be guilty of a violation of this Code. Included are such actions as forgery of official signatures, tampering with official records or documents, fraudulently adding or deleting information on academic documents, fraudulently changing an examination or testing period or due date of an assignment, and the unauthorized accessing of someone else's computer account or files. Violations also include willfully giving an improper grade or neglecting to properly grade submitted material, improperly influencing the results of course evaluations, and knowingly including false data or results in any paper or report submitted for a grade, as a degree requirement, or for publication.
4. Academic Sabotage: Academic sabotage is purposeful vandalism directed against any academic endeavor or equipment. It includes, but is not limited to, the destruction or theft of written material, laboratory or field experiments, equipment used in teaching or research, or computer files or programs. Unauthorized tampering with computer programs or systems shall constitute a violation. Academic sabotage includes deliberately crashing or attempting to crash a computer system or the use of files intended to cause or actually causing computer systems to behave atypically, thereby impeding another person's or group's efforts. In particular, knowingly infecting any system with a virus, worm, time bomb, trap door, Trojan horse, or any other kind of invasive program shall be considered a serious violation. Note that violations under this category may also lead to University judicial action or to criminal suits charged by the University.

Misconduct in research and teaching deserves special mention in the Code since it is an area of special interest to graduate students. It is not a separate violation category since it may involve cheating, plagiarism, falsification, and/or academic sabotage as discussed above. Misconduct in research does not include those factors intrinsic to the process of research, such as honest error, conflicting data, or differences in interpretation concerning data or experimental design. Likewise, misconduct in teaching does not include honest disagreement over the method of presentation of instructional material to a class or in the evaluation of the performance of a student.

* For further information on misconduct in research and its definition, see the references listed under item 4 of 1991 Revision -- Reference Material Used.

The Graduate Honor System shall consist of an adviser, a Chief Justice, one or more Investigators, an Investigative Board, and a Judicial Panel. The Dean (or designee) of the Graduate School shall be responsible for the continued operation of the System. Appointment of Graduate Honor System personnel shall be made in accordance with Article IX, Section 7.

Article II: General Administration

A member of the staff of the Dean of the Graduate School shall be appointed by the President to serve as the Graduate Honor System adviser. The adviser shall serve in an advisery capacity to the Chief Justice and shall be present (or represented) at all hearings of both the Investigative Board and the Judicial Panel.

The following duties and functions shall be performed by the adviser:

1. The adviser shall have the responsibility to train the Chief Justice, Investigators, and new board and panel members.
2. The adviser shall provide counsel to the Chief Justice and Investigators in the preparation of cases.
3. The adviser shall provide staff for handling training sessions, scheduling meetings, and other matters related to the administration of the Graduate Honor System.
4. The adviser shall counsel faculty or students referring cases as well as those students charged with offenses.
5. The adviser (or designee) shall attend all hearings.
6. The adviser, in consultation with the Chief Justice, shall be responsible for appointing the Investigators.
   
7. The adviser, upon the receiving the recommendation of the Chief Justice, shall be responsible for approving the membership of the Investigative Board and Judicial Panel.

1. Nominations for the position of Chief Justice shall be accepted from the Graduate Student Assembly, College Deans, and other members of the academic community, and applications by qualified persons shall be welcomed. Candidates for the position of Chief Justice must be graduate students in good standing and must have been in residence for at least one (1) semester immediately preceding nomination. Preferably, the nominee will have served as an Investigator or as a graduate student panel member of the Graduate Honor Court for at least one (1) semester prior to appointment.
2. The term of office shall be one (1) year, but if available and willing, the current Chief Justice may be re-appointed by the President of the University to serve subsequent terms, up to four (4) years, upon the recommendation of the Graduate Honor System adviser.
3. The Chief Justice Nominating Committee shall be convened by the Dean upon the resignation of the current Chief Justice, upon completion of term of office, or upon termination of office. This committee shall consist of the Graduate Honor System adviser (Chair), up to three (3) graduate student members of the Graduate Honor System, and one (1) faculty member having previously served on the Judicial Panel and appointed by the Dean of the Graduate School. All members shall have equal voting privileges. The function of this committee shall be to nominate a candidate for appointment by the President. The nomination process shall be: (1) to invite nominations and accept applications, (2) to review applications and conduct interviews with applicants, and (3) to recommend to the President of the University from among these applicants a nominee for the position of Chief Justice. The recommendation of this committee shall be by majority vote.
4. The recommendation of the nominating committee is voted on by the Graduate Student Assembly and the Commission on Graduate Studies.
5. Dean of the Graduate School will forward the nomination to the President conveying the vote of the GSA and CGS.
6. The President shall appoint the Chief Justice.
7. In the absence of a timely appointment, the President through the recommendation of the Dean, can appoint the nominee as an interim Chief Justice until the conclusion of the appointment process.

The Chief Justice shall perform the following duties and functions:

1. The Chief Justice shall receive violation reports and assign cases to the Investigative Board.
2. The Chief Justice shall preside at all Judicial Panel hearings. The Chief Justice may request a member of the Judicial Panel to preside in his or her place.
3. The Chief Justice shall assure justice, fairness, and due process.
4. The Chief Justice shall secure nominations and select graduate student and faculty members of the Investigative Board and Judicial Panel, subject to approval by the Graduate Honor System adviser.
5. The Chief Justice shall assume responsibility for the instruction and training of graduate student and faculty members in the operation, function, and responsibility of the Graduate Honor System.
6. The Chief Justice shall orient entering graduate students and new faculty to the values and obligations of the Graduate Honor Code.
7. The Chief Justice shall conduct information activities.
8. The Chief Justice shall coordinate activities of the Graduate Honor System.
9. The Chief Justice shall administer the operation of the Graduate Honor System throughout the entire calendar year.
10. The Chief Justice shall keep the graduate community apprised of relevant activities of the Graduate Honor System.
11. The Chief Justice shall consult with the Graduate Honor System adviser in the appointment of the Investigators.
12. The Chief Justice shall select the Judicial Panel subcommittees to hear the cases.

The Chief Justice, with the approval of the Graduate Honor System adviser, shall appoint sufficient staff to assist with the duties of the office.

1. The Graduate Honor System adviser, in consultation with the Chief Justice, shall appoint one or more Investigators. Nominations for this position shall be accepted from the Graduate Student Assembly, College Deans, and other members of the academic community; and applications from qualified personnel shall be welcomed. Members of the Investigative Panel will be invited to apply. Students being considered for Investigator positions must be graduate students in good standing and must have been in residence for at least one (1) semester immediately preceding appointment. Preferably, the nominee will have served as a graduate student panel member of the Graduate Honor System for at least one (1) semester prior to the appointment. Investigators shall serve a one (1) year term but may be re-appointed to serve subsequent terms, up to four (4) years, if available and willing.
2. The appointment of the new Investigator(s) shall be made upon the resignation of the current Investigator(s), upon completion of term of office, or upon termination of office.

Investigators shall perform the following duties:

1. Investigators shall gather evidence and conduct interviews with the referrer and the accused student(s).
2. Investigators shall prepare a brief report summarizing the evidence for review by the Investigative Board.
3. Investigators shall select the Investigative Board subcommittee for reviewing the evidence.
4. Investigators shall convene and chair Investigative Board meetings.
5. Investigators shall prepare a brief report for the Chief Justice which summarizes the decision of the Investigative Board and shall brief the Chief Justice on all the details of the case at hand.
6. Investigators shall present the evidence before the Judicial Panel.
7. Investigators shall aid the Chief Justice in convening and conducting training sessions for Investigative Board members.

Article III: Investigative Board

1. The Investigative Board shall consist of a minimum of one (1) graduate student from each College, a minimum of one (1) faculty member from each College, one or more Investigators, and the Graduate Honor System adviser.
2. Student members shall be selected by the Chief Justice upon consultation with the College Deans and the Graduate Student Assembly and shall be approved by the Graduate Honor System adviser. The term of office shall be one (1) year, beginning during the Fall Semester. If available and willing, students may be re-appointed to serve subsequent terms, up to four (4) years.
3. Faculty members shall be selected by the Chief Justice upon consultation with the College Deans and shall be approved by the Graduate Honor System adviser. The term of office shall be two (2) years, beginning during the Fall Semester. If available and willing, faculty may be re-appointed to serve subsequent terms, up to four (4) years.
4. Graduate student members of the Investigative Board shall have full voting privileges, whereas the faculty members shall serve in an adviser capacity to the student members and shall not have voting privileges.
5. The Investigators (or designees) shall chair Investigative Board meetings and shall not have voting privileges.
6. The Graduate Honor System adviser shall be a non-voting member and shall serve in an advisery capacity to the Investigator and the Investigative Board.

The Investigative Board shall perform the following functions:

1. It shall gather and evaluate evidence.
2. It shall decide whether a hearing before the Judicial Panel should be held.
3. It shall select an individual from its membership to present the evidence before the Judicial Panel. This normally will be the Investigator, but it may be any member present at the Investigative Board meeting.

1. For each case, a hearing shall be conducted by a subcommittee of the Investigative Board, consisting of a minimum of five (5) graduate students and at least two (2) faculty members, to be selected by the Investigator. The Investigator shall serve as chair. In addition, the Graduate Honor System adviser shall be a non-voting member and shall serve in an advisery capacity to the Investigator and the Investigative Board.
2. Investigations shall adhere to the basic tenets of due process for an academic honor violation as outlined in University Policies for Student Life.*
3. A decision to send the case to the Judicial Panel should be based upon substantive evidence to support the charge. The lack of such evidence should lead the Investigative Board to vote against sending the case to the Judicial Panel and consequently lead to the termination of the proceedings. Otherwise, the Investigative Board should send the case forward for the further scrutiny of the Judicial Panel. The fact that the case is forwarded to the Judicial Panel shall in no way imply guilt; the Investigative Board is simply stating that the case should be reviewed with the aid of personal testimonies.
4. The student members shall have full voting privileges while the faculty members serve in an advisery capacity. Recommendations of the Investigative Board must be by majority vote of the graduate student members present. In the event of a tie vote, the case will go forward.

* "Provisions for Due Process," Section VIThe University Judicial System, University Policies for Student Life, Virginia Tech (1990-91), p. 37.

Article IV: Judicial Panel

1. The Judicial Panel shall consist of a minimum of one (1) graduate student from each College, a minimum of one (1) faculty member from each College, the Chief Justice, and the Graduate Honor System adviser.
2. Graduate student members shall be selected by the Chief Justice upon consultation with the College Deans and the Graduate Student Assembly and shall be approved by the Graduate Honor System adviser. The term of office shall be one (1) year, beginning during the Fall Semester. If available and willing, students may be re-appointed to serve subsequent terms, up to four (4) years.
3. Faculty members shall be selected by the Chief Justice upon consultation with the College Deans and shall be approved by the Graduate Honor System adviser. The term of office shall be two (2) years, beginning during the Fall Semester. If available and willing, faculty may be reappointed to serve subsequent terms, up to four (4) years.
4. Both graduate student and faculty members of the Judicial Panel shall have full voting rights.
5. The Chief Justice (or designee) shall be a non-voting member and shall serve as the panel moderator.
6. The Graduate Honor System adviser shall be a non-voting member and shall serve in an advisery capacity to the Chief Justice and the Judicial Panel.

The Judicial Panel shall perform the following functions:

1. It shall hear evidence gathered by the Investigative Board.
2. It shall hear testimony of the referrer, accused, and witnesses.
3. It shall hear the remarks of the University community representative of the accused.
4. It shall assure that the rights of the accused and the referrer are protected and assure due process.
5. It shall determine guilt or innocence.
6. It shall recommend the penalty when the accused is determined to be guilty of the charge.

1. For each case, a hearing shall be conducted by a subcommittee of the Judicial Panel, consisting of the Chief Justice, a minimum of four (4) graduate students, a minimum of three (3) faculty members, and the Graduate Honor System adviser. The number of voting faculty shall not exceed the number of voting graduate students present. The graduate students and faculty members shall be selected by the Chief Justice with the approval of the Graduate Honor System adviser. Each graduate student and faculty member shall have full voting privileges, while the Chief Justice (or designee) shall be a non-voting member and shall serve as the moderator of the hearing. In addition, the Graduate Honor System adviser shall be a non-voting member and shall serve in an advisery capacity to the Chief Justice and the Judicial Panel.
2. All Judicial Panel hearings shall adhere to the basic tenets of due process of an academic honor violation as outlined in University Policies for Student Life.
3. All persons involved with the hearing have the right to be treated with respect. Persons displaying disrespect for another person at the hearing or contempt for the proceedings shall be dismissed, and the hearing shall be concluded in their absence.
4. All evidence regarding cases should be submitted to the Investigators during the investigation and interviewing process (prior to the Investigative Board meeting). If additional information is submitted after the case is sent forward by the Investigative Board, the Judicial Panel will decide the relevancy of that information.
5. The accused must be adjudged guilty before any consideration is given to the penalty, unless the accused pleads guilty, in which case the deliberations shall focus solely on the penalty.
6. In evaluating evidence and testimony regarding guilt or innocence, each member of the Judicial Panel shall consider whether or not there exists substantive evidence of guilt. The verdict of guilt or innocence shall be determined solely on the basis of the facts regarding the charge, i.e., based on evidence collected and testimony presented at the Judicial Panel hearing.
7. At the conclusion of the deliberations on guilt or innocence for each charge against the student the Chief Justice shall poll the members of the Panel on the question: "Is the student guilty of the alleged violation?" An affirmative vote represents "guilty," while a negative vote represents "not guilty." A determination of guilt shall require a majority vote. In the absence of such a vote, the Panel shall be deemed to have found the student "not guilty." An abstention shall not be counted as a vote. In the unlikely event that a majority of the Judicial Panel members do not vote, then the current panel shall be dismissed and a new panel shall be convened to re-hear the case.
8. In determining the appropriate sanction, such factors as the accused student's past history of violations, attitude, intent, severity of the violation, and the degree of cooperation may be considered.
9. Recommendations of penalty shall be by majority vote. An abstention shall not be counted as a vote.
10. A taped recording of the proceedings, the confidential recommendations of the Judicial Panel, together with all submitted evidence and votes recorded, shall be held in the Chief Justice's confidential file. The Chief Justice shall inform the Dean of the Graduate School (or designee), in writing, of the findings and recommendations of the Judicial Panel.

Article V: University Action

1. The recommendations (verdict, and penalty if required) of the Judicial Panel shall be submitted in writing by the Chief Justice to the Dean of the Graduate School (or designee) for review and decision.
2. No penalty shall be announced until an official decision shall have been rendered by the Dean of the Graduate School (or designee).
3. The official decision of the Dean of the Graduate School (or designee) shall be transmitted in writing to the accused, the referrer, and the course instructor (or major professor for a research-related violation). The accused shall also be notified of the right to appeal the decision.
4. When the Judicial Panel's recommendation is not accepted by the Dean (or designee), the Panel shall be notified of the final decision of the Dean (or designee).

1. The accused may appeal the official decision to the Dean of the Graduate School on grounds of (1) failure of the Graduate Honor System to follow proper procedures, (2) introduction of new evidence, and/or (3) severity of the penalty. The imposition of the penalty shall be deferred until the termination of the appeals process.
2. The Dean of the Graduate School must be notified of an intention to appeal within seven (7) calendar days after the accused receives written notification of the verdict and penalty.
3. In the event of an appeal, the Dean of the Graduate School (or designee) shall convene an Appeals Board. The Board shall consist of two (2) members [one (1) graduate student and one (1) faculty] from the Commission on Graduate Studies and Policies and one (1) faculty and one (1) graduate student representative selected at large. The members of the Appeals Board shall be appointed by the Dean of the Graduate School. When convened, the Board shall serve in an advisery capacity and the Dean of the Graduate School shall preside.
4. The accused and the University community representative of the accused may present the argument of the defense before the Appeals Board. The case of the Graduate Honor System shall be presented by one (1) graduate student and one (1) faculty member, both selected by the Chief Justice, who were members of the Judicial Panel that considered the case. The Chief Justice and the Graduate Honor System adviser shall normally present the case findings of the Graduate Honor System.
5. The appeals hearing is not a retrial and must be focused soley upon one or more of the following: (1) failure of the Graduate Honor System to follow proper procedures, (2) introduction of new evidence, (3) severity of penalty. The hearing shall be limited to the consideration of the specific information pertaining to one or more of the above. The burden shall be placed on the appealing student to demonstrate why the original finding or sanction should be changed.
6. The decision of the appeals committee is limited to grounds of the appeal. Judgments are made according to the following guidelines:


1. Failure of the Graduate Honor System to Follow Proper Procedures

Determine whether or not the Graduate Honor System followed proper procedures. If proper procedures were followed, then the official decision is enforced. If proper procedures were not followed, then the student is acquitted and the case is closed.

2. Introduction of New Evidence

Determine whether or not the new evidence is relevant to the official decision. In the event that the information is determined to be relevant, the appeals board would request a new judicial panel hearing with no members from a previous panel. If information is determined to be irrelevant, then the official decision is upheld.

3. Severity of Penalty

Determine if the penalty is too severe for the violations of which the student was found guilty. The finding of guilt is not appealable and the case will not be retried. In the event that the penalty is found to be too severe, a lower penalty may be given from those specified under Article VI of this Constitution.

7. The final determination of an appeal shall be the sole responsibility of the Dean (or designee) of the Graduate School. The student shall be notified in writing of the disposition of the appeal.

Article VI: Actions of the Graduate Honor System

Where guilt is determined, the Judicial Panel shall also be responsible for determining an appropriate sanction. There are four major penalty levels (1-4) with increasing severity. These penalties are (1) Graduate Honor System Probation, (2) Suspension in Abeyance, (3) Suspension, and (4) Permanent Dismissal. For each charge of a Graduate Honor Code violation for which a student is found (or pleads) guilty, one of these four penalties must be given.

For those cases where suspension or dismissal is not warranted, the subparts of penalty 1 (Graduate Honor System Probation) provide a further gradation in the penalty action. Whereas penalties 2, 3, and 4 must be given as a whole (i.e., no parts may be given without the others), penalty 1 may be given in part or in full. However, if penalty 1 is selected, parts a and b must always be given. Only parts c-g of penalty 1 shall be optional. The very minimum penalty given shall be penalty 1, parts a and b.

1. Graduate Honor System Probation (parts a and b mandatory, parts c-g optional)
1. The accused shall not be suspended from the University, but shall be placed on Graduate Honor System Probation until graduation or termination of enrollment. The sentence of Probation is a warning and is intended to serve as a deterrent against future misconduct. In the event of any other University or Graduate Honor Code violation, the appropriate parties shall be notified of the previous history of the accused. In the event of resignation and re-enrollment within a period of one (1) year, the accused shall be reinstated on Graduate Honor System Probation (penalty 1, part a only) subsequent to re-enrollment.
2. The accused shall also automatically receive a zero on the assignment on which the violation occurred. In cases other than those involving course work (or other similar work where a zero is applicable), action shall be taken to negate any advantages obtained by the violation.
3. A record of the action shall be kept in the accused's folder (not the official transcript) in the Office of the Registrar until graduation from the University or termination of enrollment.
4. The accused shall be required to attend a meeting or meetings with the Chief Justice and the Dean of the Graduate School for the purpose of achieving a better understanding on the students part of the requirements and purpose of the Graduate Honor System. Failure to participate in this meeting(s) shall constitute grounds for the automatic invocation of part "f" below.
5. The accused may be sanctioned to perform an appropriate number of hours (not to exceed 50) of service to the home academic department or other appropriate entities within the university. Failure to perform this service as specified by the Graduate Honor System shall constitute grounds for the automatic invocation of part "f" below.
6. The notation "placed on Graduate Honor System Probation" shall appear on the student's permanent record (transcript) under the semester in which the violation occurred.
7. If substantial unfair academic advantage was gained, that is to say, if the violation, undetected, would have led to a substantial grade advantage over the other students (or if the accused thought it would), then a grade of "F for violation of the Graduate Honor Code" for the course in which the offense occurred shall also be a penalty action under this part. This grade shall appear on the student's grade report and permanent record (transcript) as an "F*", and it shall be a permanent notation.
2. Suspension in Abeyance (all parts mandatory)
1. The accused shall be allowed to remain in the University to complete the semester in which the offense occurred or in which the hearing is held.
2. The penalty shall automatically include a grade of "F for violation of the Graduate Honor Code" for the course (or equivalent) in which the offense occurred. This grade shall appear on the student's grade report and permanent record (transcript) as an "F*", and it shall be a permanent notation.
3. After the completion of the semester as specified in item (a) above, the accused shall be suspended for a period not to exceed two (2) successive semesters or one (1) full academic year as specified by the official notification of the University action (as specified under Article V, Section 1, item 3 of this Constitution).
4. The notation "suspended for violation of the Graduate Honor Code" shall appear on the student's permanent record (transcript) under the semester in which the violation occurred.
   
5. Upon the accused's re-enrollment at Virginia Tech at the end of the period of suspension, the student shall be placed on Graduate Honor System Probation (penalty 1, part a only) until graduation or termination of enrollment.
3. Suspension (all parts mandatory)
1. Suspension is immediate and the student shall not be allowed to complete the current semester. In addition, the accused shall be suspended for a period not to exceed two (2) successive academic semesters or one (1) full academic year following the current semester (as specified under Article V, Section 1, item 3 of this Constitution).
2. All credits shall be lost for work done during the semester in which the student is currently enrolled. The penalty shall automatically include a grade of "F for violation of the Graduate Honor Code" for the course (or equivalent) in which the offense occurred. This grade shall appear on the student's grade report and permanent record (transcript) as an "F*", and it shall be a permanent notation.
3. The notation "suspended for violation of the Graduate Honor Code" shall appear on the student's permanent record (transcript) under the semester in which the violation occurred.
4. Upon the accused's re-enrollment at Virginia Tech at the end of the period of suspension, the student shall be placed on Graduate Honor System Probation (penalty 1, part a only) until graduation or termination of enrollment.
4. Permanent Dismissal (all parts mandatory)
1. The accused shall be permanently dismissed from the University without being allowed to complete the current semester.
2. All credits shall be lost for work done during the semester in which the student is currently enrolled. In addition, if the offense did not occur during the semester in which the hearing is held, then a grade of "F for violation of the Graduate Honor Code" shall also be assigned for the course in which the offense was committed. This grade shall appear on the student's grade report and permanent record (transcript) as an "F*", and it shall be a permanent notation.
3. The accused may never re-enroll in the University.
4. The notation "permanently dismissed for violation of the Graduate Honor Code" shall appear on the student's permanent record (transcript) under the semester in which the violation occurred.

In the event of acquittal by the Graduate Honor System, all records of any description in conjunction with the trial shall be completely destroyed, except the "charges" and the "Findings of the System," which shall be filed in the Chief Justice's confidential file.

1. In cases where students are found (or plead) guilty, the penalty and specifications may be published without names when the case is resolved in such media as the Collegiate Times, the Preston Journal, the Spectrum, and the Apex.
2. Exonerations may also be published (without names) if the accused so desires. A written release must be obtained from the accused prior to publication.

Article VII: Rights and Obligations of the Accused

A student accused of violating the Graduate Honor Code shall have certain procedural guarantees to ensure fair judicial hearing of evidence. These rights under the Graduate Honor Code shall be as follows:

1. Students shall be considered innocent until judged guilty.
2. Students shall have the right to refrain from speaking for or against themselves.
3. Students shall have the right to speak in their own behalf.
4. Students may choose a member of the university community, such as a fellow student, faculty member, or staff member who is willing to assist them in preparing their defense. The student's representative shall only be allowed to address the Judicial Panel; they may not question witnesses. Lawyers retained by accused students shall not be permitted in Judicial Panel hearings.
5. Students may at any time privately seek counsel with their university community representative. Statements made at this time shall be confidential.
6. Students may have any Graduate Honor System function that they are entitled to attend stopped at any time for a point of clarification.
7. Students may leave any Graduate Honor System function at any time; however, it is in their best interest to remain until they are made aware of all the details.
8. Students shall have the right to receive written notice of the charges, the "Order of Events for Judicial Panel Hearings," and any other pertinent information sufficiently in advance of the Judicial Panel hearing and in reasonable enough detail to allow them to prepare a case in their behalf. Likewise, students shall have the right to examine all evidence collected during the investigation prior to the Judicial Panel hearing. The students and their representatives shall have a copy of the evidence during the Judicial Panel hearing.
9. Students shall have the right to be aware of all testimony.
10. Students shall have the right to face the referrer, when such opportunity exists, at the Judicial Panel hearing and to present a defense against the charges, including presenting witnesses on their behalf. Consequently, students shall be consulted in the scheduling of the Judicial Panel hearing. However, students shall only be allowed to reschedule the Judicial Panel hearing once. Except under extenuating circumstances, Judicial Panel hearings shall not be rescheduled unless the Chief Justice or the Graduate Honor System adviser is notified of the requested change prior to three (3) days preceding the scheduled hearing date.
11. Failure of students to be present at Judicial Panel hearings, assuming reasonable effort has been made to ensure their presence, shall indicate that they are waiving their rights to face the referrer and to appear before the Judicial Panel.
12. Students may ask that a panel member be excused from the Judicial Panel hearing if they can give reasonable cause why that panel member may be biased or have some other conflict of interest. The Chief Justice and the Graduate Honor System adviser shall make a final ruling on any such request.
13. Students shall have the right to an appeal as specified under Article V, Section 2.

Students accused of Graduate Honor Code violations shall have the responsibility of cooperating with Graduate Honor System personnel. Furthermore, when a case involves other students, these students' rights to privacy should be observed.

Article VIII: Rights and Obligations of the Referrer

A person referring charges of a Graduate Honor Code violation against a graduate student shall be accorded the following rights:

1. Discussion of the charges between the referrer and accused prior to the Judicial Panel hearing shall be allowed, although the referrer shall have the right to decline to discuss the charge with the accused. The referrer shall have the right, with the permission of the accused, to have witnesses present when talking with the accused about the alleged violation.
2. The referrer shall have the right to receive a copy of the evidence collected during the investigation, the "Order of Events for Judicial Panel Hearings," and any other pertinent information, if the Investigative Board sends the case to the Judicial Panel.
3. The referrer shall have the right to choose one person (any member of the university community, such as a graduate student, a faculty or staff member, or department head) to assist them in preparation of the case. This person is not allowed to be present at the Judicial Panel hearing.
4. The referrer shall have the right to receive written notification of the final disposition of the case.
5. The referrer shall have the right to be secure in person and property.
6. Professors referring charges of violations may opt to grade or refrain from grading any assignment under investigation by the Graduate Honor System. It is recommended that instructors, if they are able to do so, grade the assignment with the assumption that the student is innocent of the charge. However, an incomplete grade may be assigned to the accused student pending the decision of the Graduate Honor System. The incomplete grade will be removed when the case is resolved.

A person bringing charges of a Graduate Honor Code violation against another shall accept the following obligations:

1. The referrer shall cooperate with the Chief Justice, the Graduate Honor System adviser, the Investigator, and any other personnel of the Graduate Honor System.
2. The referrer shall be expected to appear at the Judicial Panel hearing.
3. The referrer shall have the responsibility of maintaining confidentiality in all matters pertaining to the case. However, referrers may discuss the case with their counsel (see Article VIII, Section 1, item 3).

Article IX: General

It is the obligation of all members of the academic community to report alleged violations of the Graduate Honor Code. Reporting the observance of a Graduate Honor Code violation shall not be optional; it shall be mandatory. Reports should be submitted in writing to the Chief Justice or the Graduate Honor System adviser on forms provided for that purpose, which are available at http://www.gradhonor.grads.vt. edu. The report form also may be obtained at the Graduate School.

Alleged violations of the Graduate Honor Code should be reported within ten (10) class days after the date of discovery. Only under very special circumstances shall exceptions to this policy be granted, and then only at the discretion of the Chief Justice and the Graduate Honor System adviser. A possible reason for exception could include, but is not limited to, unavoidable delays in obtaining the evidence.

1. Students engaged in graduate studies off-campus shall be subject to all provisions of this Constitution.
2. Designated members of the Investigative Board shall gather evidence. The evidence obtained shall be presented to the Investigative Board and shall be evaluated in a manner prescribed in Article III of this Constitution.
3. Unless otherwise designated by the Chief Justice, with the approval of the Dean of the Graduate School, all hearings shall be conducted in Blacksburg.

Because of the decreased availability of graduate student and faculty board and panel members during the summer, delays in processing and hearing cases may result. Thus, reasonable delays of this sort shall not be considered as violating the student's rights or as grounds for an appeal.

Graduate students shall be subject to stipulations within this Constitution regardless of whether they are enrolled in undergraduate or graduate classes.

The undergraduate honor system, commonly referred to as The Virginia Tech Honor System, shall have jurisdiction over cases involving undergraduate students in graduate classes unless the student is also enrolled in the Graduate School and taking graduate classes for graduate credit under the classification of "Dual Student" or "Honors Dual Student," in which case the Graduate Honor System shall have jurisdiction.

If the degree towards which the student was working at the time of the alleged violation has already been awarded, the case shall be referred to the Dean of the Graduate School who shall convene a committee to review and investigate the charge and make recommendations. The committee composition shall be determined by the Dean of the Graduate School. The Chief Justice of the Graduate Honor System shall be an ex officio member of this committee and shall have the same voting privileges as the other members of this committee.

Recognizing that it is strongest when it fosters and reflects the support of all graduate students and faculty at the University, the Graduate Honor System shall seek to be as broadly representative of the graduate student and faculty bodies at Virginia Tech as possible. To this end, all qualified graduate students and faculty shall be encouraged to participate in the Graduate Honor System. No otherwise qualified graduate student or faculty may be excluded from membership on the basis of race, sex, handicap, age, veteran status, national origin, religion, political affiliation, or sexual orientation.

Graduate students volunteering or appointed to serve on the Graduate Honor System must receive clearance of their personal disciplinary records and their academic records through the Dean of the Graduate School. Such clearances shall be conducted consistent with the University's regulations on the confidentiality of records and shall assure a minimum academic quality credit average of 3.00 and no previous or current disciplinary action for each appointee.

All investigations, hearings, reviews, and other associated activities of the Graduate Honor System shall conform to the University's "Statement on Confidentiality of Student Records."

The Chief Justice or the Graduate Honor System adviser shall be authorized, when circumstances dictate, to appoint substitutes for any Graduate Honor System personnel in any case before the Graduate Honor System. However, faculty may not be substituted for graduate students and vice versa.

Where appropriate, the Graduate Honor System shall abide by all applicable policies, statements, and principles as contained in the University Policies for Student Life.

Article X: Amendments

Proposed amendments to the Constitution of the Graduate Honor System may be initiated through one of the following channels: (1) by a majority vote of the Graduate Student Assembly, (2) by a majority vote of the Commission on Graduate Studies and Policies, or (3) by direct submission to the Chief Justice or the Dean of the Graduate School. Also, at the discretion of the Chief Justice and the Graduate Honor System adviser, amendments may be initiated through the Graduate Honor System. Upon receiving such proposals, the Dean of the Graduate School shall convene the Constitution Revision Committee. With the approval of two-thirds of this committee, proposed amendments shall be forwarded for approval by the Commission on Graduate Studies and Policies and thereafter through the proper channels of the University governance structure (which at the time of this revision, would be the Commission on Student Affairs and University Council). Any substantive changes in proposed amendments as they proceed through subsequent levels of approval shall be resubmitted to the Constitution Revision Committee for its approval.

The Constitution Revision Committee shall consist of the Chief Justice (chair), the Graduate Honor System adviser, a minimum of three (3) members of the Investigative Board (minimum of two (2) graduate students and one (1) faculty), a minimum of three (3) members of the Judicial Panel (minimum of two (2) graduate students and one (1) faculty), and up to two (2) other representatives from the graduate student body to be nominated by the Graduate Student Assembly.

1991 Revision

Following the conclusion of the 1987 University Self-Study, a Constitution Revision Committee was convened to evaluate the Graduate Honor System. Since the Constitution had not received serious scrutiny in a decade or more, and since the Graduate Honor System has now matured to a level where the old Constitution is hardly serviceable, the ultimate goal of this committee from the outset was a revision of the Constitution. Much work has gone into ensuring that this revision will stand the test of time and will be instructive in guiding the operation of the Graduate Honor System in the years ahead.