The White Book Revised August 2021
PREAMBLE.
The students of Washington and Lee reserve to themselves alone the authority to hold their fellow students accountable for failures of their duty of honor. Any breach of the community's trust is considered an Honor Violation, punishable by a single sanction: removal from the University.
ARTICLE I. THE HONOR SYSTEM.
The historical record indicates that the Honor System dates back as far as 1844 when faculty minutes indicate the presence of an Honor System under faculty supervision at the time. In 1865, Robert E. Lee, the president of Washington College, took deliberate steps to relax faculty supervision of students' actions. In 1905, the Student Body assumed direct control of the Honor System by forming the Executive Committee of the Student Body. This uncommon assignment of trust is the hallmark of Washington and Lee's Honor System, and it calls each generation of students to vigilant custodianship.
Each new generation of students defines the Honor System by its actions and the behavior it deems dishonorable. At Washington and Lee, dishonorable conduct is not codified; rather, the Honor System is based upon the principle that any action deemed a breach of the community's trust will be considered an Honor Violation. Any action rising to the level of a breach of the community's trust weakens the bonds that unite the University community and jeopardizes the privileges the Honor System affords to students at Washington and Lee; no such breach is small enough to be ignored. For this reason, there is a single sanction for those who, in the eyes of the Student Body, commit an Honor Violation. The single sanction requires a student who is found guilty of an Honor Violation in an Executive Committee Hearing to withdraw from the University unless they choose to appeal to a Student Body Hearing. If a student appeals and is found guilty in the Student Body Hearing, the student must leave the University and their transcript will indicate that they were “Dismissed.”
Students at Washington and Lee recognize the great authority they possess and the communal presumption to behave honorably. This profound responsibility is not ordinarily entrusted to students. Students are expected to abide by the Honor System by representing themselves truthfully and seeking no unfair advantage over their peers. This understanding instills a profound sense of trust among all within the University community and enriches every aspect of student life.
While students define and oversee the Honor System, all members of the Washington and Lee community, including faculty, staff, and administration, play an important role. All members of the community are expected to understand and support the Honor System and should refer appropriate cases to the Executive Committee. At the same time, the overarching presence of the Honor System in all aspects of life at Washington and Lee allows the community at large to place trust in students, and each generation of students ensures that this trust is not misplaced.
Membership in the Washington and Lee Student Body signifies an absolute commitment to the Honor System and the values it represents. Ignorance of the System is not an excuse. Students have an affirmative duty to live honorably and, through their knowledge and understanding, preserve the Honor System for future generations.
ARTICLE II. THE PLEDGE.
All work at Washington and Lee is considered pledged under the Honor System. The written Pledge is: "On my honor, I have neither given nor received any unacknowledged aid on this [exam, test, paper, etc.]."
During orientation, every new student must sign the Honor Book. This is a student's first pledge as a member of the Washington and Lee community. It expresses that the student has been through an orientation program on the Honor System, received a copy of the Honor System White Book, and agreed to abide by the Honor System.
ARTICLE III. THE EXECUTIVE COMMITTEE.
The Honor System is exclusively administered by students and is in no way accountable to the faculty or administration. The Executive Committee bears the primary responsibility of adjudicating the Honor System, but may refer violations of University policy, or of any other regulation, to the appropriate committees.
The Executive Committee is composed of:
· a President, Vice President, and Secretary elected by the entire Student Body;
· two students elected to represent each of the senior, junior and sophomore undergraduate classes;
· one student elected to represent the freshman class; and
· one student elected to represent each class at the School of Law.
All Washington and Lee students may seek these offices through student elections, except those students planning to enroll in an off‑campus program of study during any academic term coinciding with the tenure of the position offered for election.
ARTICLE IV. SUMMARY OF PROCEDURES.
The continued vitality of the Honor System depends on each member of the Student Body. Students define the parameters of the Honor System by choosing what to, and what not to, report. Any member of the community with knowledge of a possible Honor Violation should seek clarification from the student suspected of the Violation and ask for an explanation of the incident. If a concerned person seeks clarification, and the resulting explanation convinces the concerned person that no Honor Violation occurred, then the matter should be dropped. If, however, the concerned person still believes that an Honor Violation may have occurred after seeking clarification, then the concerned person should bring the matter to the attention of a member of the Executive Committee.
A concerned person choosing not to seek clarification from a student suspected of an Honor Violation should bring the matter to the attention of a member of the Executive Committee.
Upon receiving allegations that an Honor Violation may have occurred, the President of the Executive Committee (hereinafter “President”) will appoint a team to investigate the allegation and prepare a report of its findings. If, after hearing the investigative team's report and recommendations, the Executive Committee finds sufficient evidence that the accused student may have committed an Honor Violation, the Executive Committee shall hold an Executive Committee Hearing.
During the Executive Committee Hearing, the accused student has the opportunity to appear, or to have another student appear on their behalf. The Executive Committee shall resolve all reasonable doubt in favor of the accused student. If the Executive Committee finds that the accused student did not commit an Honor Violation, the Executive Committee will dismiss the matter. If the Executive Committee finds that the accused student committed an Honor Violation, the accused student may either withdraw from the University or appeal to a Student Body Hearing.
In the Student Body Hearing, a student jury makes the final determination on the guilt of the appealing student. If the jury returns a verdict of “not guilty,” the student shall remain a member of the University. If the jury returns a verdict of “guilty,” the student is dismissed from the University. The decision of the jury at the Student Body Hearing is final and cannot be appealed.
ARTICLE V. BURDEN OF PROOF.
A guilty verdict in either an Executive Committee Hearing or a Student Body Hearing requires a determination beyond a reasonable doubt (1) that the accused student committed each act as alleged, on the basis of all evidence and testimony; and (2) if the alleged act(s) occurred, that the accused student violated the community’s trust.
ARTICLE VI. HONOR MATTERS.
Section 1. Quorum for Honor Matters.
A. For all honor matters, ten (10) voting Executive Committee members shall constitute a quorum. At least two members of the quorum for honor matters shall be members of the Student Body from the same school (undergraduate or law) as the accused student.
B. If the Executive Committee cannot meet the quorum with its elected membership, the President shall fill the necessary positions with members of the Student Body until a quorum is reached.
Section 2. Succession of Officers
A. Should the President be unavailable to serve in an honor matter, the Vice President shall serve as President for the duration of the proceedings.
B. Should the Vice President be unable to serve in an honor matter, the Secretary shall serve as Vice President for the duration of the proceedings.
C. Should the Secretary be unavailable to serve in an honor matter, the Executive Committee President, Vice President, and Secretary (collectively “Officers”) shall designate an experienced Executive Committee representative to serve as Secretary for the duration of the proceedings, and the President shall fill the vacancy pursuant to Article VI, Section 3.
Section 3. Filling Quorum for Honor Matters.
A. Should a representative of the Executive Committee be unavailable to serve in an honor matter, the President shall fill their position with a student from the same class as that Executive Committee representative.
B. Should the President be unable to fill the position with a student from the same class as the unavailable Executive Committee representative, the President may fill the position with another student at their discretion.
C. Prior to any Executive Committee Hearing, the accused student's Hearing Advisors shall be notified of the names of any students not elected to the Executive Committee who will fill quorum for the Executive Committee Hearing.
Section 4. Confidentiality and Harassment.
A. All information about a possible Honor Violation or an Executive Committee Hearing is highly confidential. In addition to reviewing cases involving possible Honor Violations, the Executive Committee shall take disciplinary action against any student—including, but not limited to, the accused student, witnesses, Hearing Advisors, and Executive Committee members—found to have breached confidentiality. The Executive Committee has discretion to determine how breaches of confidentiality are addressed. Breaches of confidentiality may, at the discretion of the Executive Committee, result in consequences including, but not limited to, Conduct Probation, Social Probation, or Suspension, and, depending on the nature of the breach, may also rise to the level of an independent Honor Violation. Additionally, any Hearing Advisor or Executive Committee member who breaches confidentiality may, by a majority vote of the Executive Committee, be suspended for one or more hearings, banned from participation in Executive Committee Hearings, or removed from office.
B. Exceptions to the rule of confidentiality may exist to allow the accused student, members of the Executive Committee, advisors, and student witnesses to discuss information regarding the proceedings with University Counseling, their Peer Counselor(s), family, or with those to whom they must disclose information in order to obtain necessary emotional support. However, individuals providing support to an accused student, an Executive Committee member, advisors, or a student witness must maintain confidentiality. The Executive Committee has discretion in determining how matters of breached confidentiality among individuals providing support are addressed.
C. Harassment of anyone involved in an honor matter will not be tolerated. The Executive Committee may take the full range of disciplinary actions referenced in this section against anyone who harasses or attempts to influence any student involved in an investigation, any witness in a hearing, any advisor, any Executive Committee member, or the accused student.
D. Every witness, after their testimony in an investigation or an Executive Committee Hearing, will be asked to sign a statement acknowledging this Confidentiality and Harassment section.
Section 5. Hearing Advisors.
The Hearing Advisor Program selects and trains students who shall be available to serve as members of investigative teams and as advisors to accused students in both Executive Committee Hearings and Student Body Hearings. Students from both the law and undergraduate schools are encouraged to participate in the Hearing Advisor Program. The Executive Committee shall select a student to serve as Head Hearing Advisor and a student to serve as Assistant Head Hearing Advisor. The Head Hearing Advisor shall administer the Hearing Advisor Program.
Section 6. Academic Adjustments.
The Executive Committee may request that the appropriate University officials allow any student involved in honor matters a reasonable amount of time to make up, without loss of credit, all work that the student missed because of the proceedings.
ARTICLE VII. PROCEDURE FOR AN INVESTIGATION.
A. Anyone with knowledge of a possible Honor Violation should seek clarification from the student suspected of committing the Honor Violation and ask for an explanation of the incident. If this explanation convinces the concerned person that no Honor Violation occurred, then the matter should be dropped. If, however, the concerned person still believes that an Honor Violation may have occurred after seeking clarification, then the concerned person should bring the matter to the attention of a member of the Executive Committee. A person choosing not to seek clarification from a student suspected of an Honor Violation should bring the matter to the attention of a member of the Executive Committee. Any Executive Committee member receiving allegations of a possible Honor Violation shall report the allegation to the President
B. The Officers shall then hold a vote regarding whether the allegation merits an investigation. If at least two out of the three Officers votes in favor of beginning an investigation, the President shall choose three students to investigate the allegations. The President may not serve as a member of an investigative team but shall oversee and ensure the fairness of the investigative process. One member of the investigative team shall be a member of the Executive Committee, another member shall be a Hearing Advisor, and a third member shall be a member of the Student Body from the same school (undergraduate or law) as the student under investigation.
C. The Hearing Advisor shall be appointed with the recommendation of the Head Hearing Advisor.
D. The President may appoint up to two additional members to the investigative team for the purpose of observation. These observers shall be selected from the Executive Committee, Executive Committee‑elect, or the pool of Hearing Advisors.
E. The investigative team shall use its own discretion in gathering information pertaining to a possible Honor Violation. Investigators will not contact the student under investigation except at the President's discretion.
F. If the President believes that the student under investigation has become aware of an ongoing investigation, the President may, at their discretion, provide the student with a Hearing Advisor.
G. After investigating the allegations, all three investigators shall present a report containing a summary of the relevant facts to the Executive Committee with the team's recommendations. The investigative team's report shall not contain the true names of any person or sufficient information from which the identity of the student under investigation could be readily determined. The Executive Committee shall use discretion in questioning the investigative team.
H. After the investigative team presents its report and recommendations, the team, including the investigating Executive Committee member, shall be excused from the deliberations. The investigating Executive Committee member shall not vote on the matter and shall not count toward the necessary quorum.
I. After the investigating Executive Committee member has been excused, the Executive Committee shall deliberate and hold a vote. If a majority believes sufficient evidence exists that the student under investigation may have committed an Honor Violation, the Executive Committee shall hold an Executive Committee Hearing.
J. If a student withdraws from the University while being investigated, while awaiting an Executive Committee Hearing, or during an Executive Committee Hearing, the President shall notify the Vice President for Student Affairs of the student's name. The Vice President for Student Affairs shall make the appropriate notation on the withdrawal form. This notation is only to be used in the event that the student reapplies to the University. The Executive Committee shall retain a copy of the investigative team’s report until the end of the term corresponding to the presentation of the report five academic years lat
K. If the Executive Committee decides not to take the matter to an Executive Committee Hearing, the investigative team’s report will be destroyed at the end of the term corresponding to the presentation of the report the following academic year.
L. If the matter is taken to an Executive Committee Hearing, one full copy of the investigative team’s report will remain with the rest of that proceeding’s material and retained for the length of time the proceeding’s records are retained, depending on whether the accused student is found guilty or not guilty as described in the White Book. The investigative team’s report may not be used during the Executive Committee Hearing.
ARTICLE VIII. PROCEDURE FOR A CHARGING.
A. If the Executive Committee decides to take the matter to an Executive Committee Hearing, the Executive Committee shall then formulate the Charging document. The Charging document may contain more than one charge. The President shall notify the Head Hearing Advisor of the upcoming Executive Committee Hearing. The Head Hearing Advisor shall then assign two Hearing Advisors, and possibly an observer, to be available immediately after the Charging.
B. The President, or any officer chosen at the President's discretion, shall inform the accused student, orally and in writing, of the charge at least 72 hours prior to the scheduled Executive Committee Hearing. The written and oral description of the charge shall include the specific nature of the charge. Under reasonable circumstances, the President may postpone the Executive Committee Hearing beyond 72 hours from the initial charging.
C. The President, or any officer chosen at the President’s discretion, shall then inform the accused student of all the rights of an accused student, as defined below.
D. The President, or any officer chosen at the President’s discretion, shall provide the accused student with copies of the Charging document, the investigative team's report, a list of witnesses the Executive Committee intends to call at the Executive Committee Hearing, and any other evidence the President believes will assist the accused student. The President must provide any evidence that could be deemed exculpatory to the accused student at the Charging.
E. The President, or any officer chosen at the President’s discretion, shall ask the accused student to sign a statement indicating that the accused student understands the charge, the rights of an accused student, and the hearing process. If the accused student refuses to sign this statement, the President shall note the refusal in writing.
F. The accused student shall be provided two Hearing Advisors immediately after the Charging to be available to serve as advisors.
G. If the accused student decides to withdraw from the University while awaiting the Executive Committee Hearing or during an Executive Committee Hearing, the student shall provide written notice of the decision to the Dean of Students and the Executive Committee. After this notice is given, the student has 72 hours to remove themselves and all belongings from the University. The notation "Withdrew" shall be placed on their official University transcript. In addition, in the event the accused student withdraws from the University while awaiting an Executive Committee Hearing or during an Executive Committee Hearing, an announcement shall be posted to the following effect: A member of the Student Body has decided to withdraw while awaiting an Executive Committee Hearing after having been charged with [here will follow a brief description of the charge].
H. If two or more students are accused of a joint Honor Violation, each accused student shall receive separate Charging documents. In such a situation, the Executive Committee has the right to determine whether to hold joint or separate hearings and must inform the accused students of its determination at the Charging. Each accused student has the right to challenge the creation of a joint hearing. If one of the accused students challenges the Executive Committee’s decision to create a joint hearing, the Executive Committee shall notify the other accused student’s Hearing Advisors and hold a hearing at the nearest possible convenience at which each accused student’s Hearing Advisors may present arguments related to a joint hearing. After each accused student’s Hearing Advisors have been given the opportunity to speak, the decision to create a joint hearing shall be submitted to a simple majority vote of the Executive Committee.
ARTICLE IX. PROCEDURE FOR AN EXECUTIVE COMMITTEE HEARING.
Section 1. Rights of the Accused Student.
A. Advisors.
(i) The accused student shall have the right to be represented by two advisors. At the discretion of the President and with the consent of the accused student, up to two members of the Hearing Advisor Program may be additionally assigned for the purposes of observation.
(ii) Advisors must be members of the Student Body and cannot serve as witnesses.
(iii) An advisor may withdraw from representation of the accused student with the approval of the President. Should this occur, the Head Hearing Advisor or a designee will replace the withdrawn advisors.
(iv) If the accused student so chooses, the Hearing Advisors provided at the Charging shall serve as advisors of the accused student at the Executive Committee Hearing. Otherwise, the accused student may choose up to two consenting members of the Student Body to serve as advisors.
(v) Advisors may question witnesses, including the accused student, if the accused student chooses to testify. The advisors may not, however, advise the accused student during their testimony.
(vi) Only advisors of the accused student and members of the Executive Committee shall be permitted to contact witnesses or potential witnesses on matters related to the case. Under no circumstances shall the accused student ask individuals to appear as witnesses or discuss the case with existing witnesses.
B. Self-Representation.
(i) The accused student shall also have the right to forgo advisors and to proceed pro se.
(ii) Notwithstanding any other section in the White Book, if, and only if, an accused student proceeds pro se, the accused student shall also have all of the rights, and be subject to all of the limitations, of an advisor.
(iii) If this section, conferring the right of self-representation, conflicts with any other section of the White Book, this section shall prevail to the extent necessary to ensure that the accused student has all of the rights, powers, and abilities of an advisor. However, if an accused student proceeding pro se wishes to contact witnesses, the accused student must first notify the President, and the President shall have the right to require that a neutral third party be present to observe any interaction between the accused student and any witness.
(iv) The Head Hearing Advisor shall have the right to select the neutral third party, provided that the neutral third party is not a member of the Executive Committee. The neutral third party shall keep confidential any information disclosed by the witness, unless the self-representing accused student attempts to in any way influence, persuade, or harass the witness, in which case the neutral third party shall immediately report any such activity to the President.
(v) Any attempt by a self-representing accused student, in the eyes of the neutral third party, to influence, persuade, or harass a witness will forfeit the accused student's right to contact witnesses. If any such influence, persuasion, or harassment occurs, in the eyes of the neutral third party, the accused student shall have the right to either be represented by two advisors, or to continue to proceed pro se without the ability to contact any witnesses outside the confines of an Executive Committee Hearing or Student Body Hearing.
(vi) Any attempt by the self-representing accused student to influence, persuade or harass a witness will also be subject to the Confidentiality and Harassment section found in Article VI, Section 4 of the White Book.
(vii) Nothing in this Self-Representation section shall confer upon a self-representing accused student any right, power, or ability not available to an advisor.
C. The Right to Question All Witnesses.
(i) The accused student has the right to have their advisors question all witnesses.
(ii) The accused student shall provide the Executive Committee with a list of witnesses they intend to call and copies of all evidence they intend to introduce no later than 24 hours before the scheduled start of the Executive Committee Hearing.
(iii) The accused student may introduce evidence not provided by this deadline with the President's permission.
D. Contact with Executive Committee Witnesses.
(i) In special circumstances, and only with the consent of the President, advisors may have contact with Executive Committee witnesses prior to the Executive Committee Hearing.
(ii) Except through their advisors, the accused student may not contact Executive Committee witnesses prior to the Executive Committee Hearing. Student proceeding pro se may contact Executive Committee witnesses subject to the limitations set out in Article IX, Section 1, subsection B.
E. Right to Testify and Consequences of Refusal to Testify.
The accused student has the right to testify. If the accused student testifies, refusal to answer questions will not create a presumption against the accused student. If the accused student chooses not to testify at all, then the decision not to testify will not create a presumption against the accused student. The Executive Committee will base its finding on the totality of the evidence before it.
F. Right to Appeal.
The accused student shall have the right to appeal a “guilty” verdict to a Student Body Hearing by submitting to the President a written request for an appeal within 72 hours of the announcement of a “guilty” verdict in an Executive Committee Hearing. The President may, at their discretion, extend such time upon the accused student's written request.
G. Other Rights.
(i) The accused student shall have the right to be present at the Executive Committee Hearing, but if the accused student does not attend, the Executive Committee Hearing shall be held in the accused student's absence.
(ii) The accused student shall have the right to make, or to have their advisors make, a statement at the opening and closing of the Executive Committee Hearing. However, an accused student who refuses to testify cannot make an opening and/or closing statement and must instead have their advisors make such statements on their behalf. An accused student who makes an opening and/or closing statement waives their right to refuse to testify without such refusal creating a presumption against them.
(iii) The accused student shall have the right to an extended recess after an Executive Committee Hearing has been in session for four hours.
Section 2. Executive Committee Hearing.
A. The President shall preside over the Executive Committee Hearing to ensure accuracy and fairness. The President shall regulate the order and nature of the questioning.
B. Except for members and members-elect of the Executive Committee, the accused student, the advisors of the accused student, the observing advisors, and the witnesses, no other person shall be present at an Executive Committee Hearing. If an Executive Committee member believes they cannot maintain impartiality, the member may recuse themselves with the approval of the President. If, in the President's opinion, a member of the Executive Committee has a conflict of interest, the President may ask that member to recuse themselves from both the Executive Committee Hearing and any subsequent Student Body Hearing. If the member challenges this decision, the Executive Committee will decide on the validity of the ruling by majority vote. The Vice President may initiate the same procedure against the President.
C. At the President's discretion, the Executive Committee may go into Executive Session at any time. Only current members of the Executive Committee and members of the Executive Committee-elect may be present at the Executive Session. Any discussions during the Executive Session will not be included in the transcript of the Executive Committee Hearing.
D. The member of the Executive Committee who participated in the investigation may not vote during, be present at, or participate in the Executive Sessions. The member shall not count toward the necessary quorum.
E. Except during Executive Sessions, the accused student and advisors of the accused student shall be permitted to remain present during all proceedings of the Executive Committee Hearing.
F. With the exception of an Executive Session to determine whether to terminate the Executive Committee Hearing, the Executive Committee members may not deliberate on a finding of guilt until the Executive Committee hears all testimony and the closing statement, if one is given.
G. The Executive Committee may, by vote of two-thirds of the members present, terminate the hearing at any time for any reason. Should the Executive Committee terminate the Executive Committee Hearing, this decision shall be recorded as a “not guilty” verdict, and the accused student shall remain a student at the University.
H. The Secretary of the Executive Committee shall make every effort to electronically record the audio of all testimony for possible use during the Executive Committee's deliberations. If the Executive Committee finds the accused student guilty and the accused student requests a Student Body Hearing, then the accused student, the advisors of the accused student, the Executive Committee, and the Chair of the Student Body Hearing may have this recording transcribed solely for use at the Student Body Hearing. All transcripts derived from this recording shall be returned to the Executive Committee immediately following the Student Body Hearing.
I. Neither the Executive Committee, nor the advisors of the accused student, shall call any new witnesses after 11:59 PM Eastern Time on the day on which the hearing began. If a hearing has surpassed 16 hours in length, the Executive Committee shall hold a vote to determine whether to continue the hearing or to go into recess. A unanimous vote of the Executive Committee is required to continue the hearing.
J. The advisors of the accused student, or an accused student proceeding pro se, may, at any time, request a private conference with the President to clarify procedures or to discuss the conduct or content of the hearing. The President may, at any time, request a private conference with the advisors of the accused student, or an accused student proceeding pro se, to clarify procedures or to discuss the conduct or content of the hearing.
K. Restatement of the Charge.
(i) At the beginning of the Executive Committee Hearing, the President shall inform the accused student that the Executive Committee has information of a possible Honor Violation and shall describe the nature of this alleged violation.
(ii) The President shall also remind the accused student of the right to question Executive Committee witnesses, the right to call and question all witnesses, the right to testify, and the right to give an opening statement at the beginning of the Executive Committee Hearing and a closing statement at its end.
L. Optional Opening Statement of the Accused Student.
(i) After the restatement of the charge, the accused student has the option of making an opening statement. The accused student may also choose to allow one of their Hearing Advisors to make the opening statement on their behalf.
(ii) The accused student shall not be questioned during this statement.
M. Witnesses and Evidence Introduction.
(i) Following the opening statement, if one is given, the Executive Committee shall call witnesses from the list provided to the accused student at the Charging.
(ii) The Executive Committee may also introduce any evidence, so long as notice of this evidence was given at the Charging. The Executive Committee may use evidence not disclosed to the accused student at the Charging with the permission of the accused student. If the accused student does not give this permission the Executive Committee shall decide whether to proceed without the evidence, or to go into recess and grant the accused student a minimum of 48 hours (excluding University holidays) between notice of the evidence and the resumption of the Executive Committee Hearing.
(iii) At the beginning of the Executive Committee Hearing, the accused student shall provide the Executive Committee with a list of witnesses they intend to call and copies of all evidence they intend to introduce. The accused student may introduce evidence not provided at the beginning of the Executive Committee Hearing with the President's permission.
(iv) The President may deny the admission of any evidence upon a determination, in consultation with the Executive Committee Officers, that the evidence is either not legitimate or not pertinent to the guilt or innocence of the accused student. This decision is subject to reversal by a majority vote of the Executive Committee.
(v) After the Executive Committee has called its witnesses, the accused student, or the advisors of the accused student, may call their witnesses.
(vi) The Executive Committee shall keep the witnesses separate from each other and from the accused student, unless the Executive Committee, for good cause, decides otherwise.
(vii) After a witness enters the Executive Committee Hearing, the President shall inform the witness of the purpose of the proceeding and that all testimony is being recorded.
(viii) The Executive Committee, the accused student, and the advisors of the accused student may present evidence. The Executive Committee and the advisors of the accused student may question all witnesses.
N. Optional Closing Statement of the Accused Student.
(i) At the conclusion of the Executive Committee Hearing, the accused student has the option of issuing a closing statement or of having one of their Hearing Advisors issue a closing statement on their behalf.
(ii) The accused student may have a brief recess before the presentation of the closing statement.
(iii) The accused student shall not be questioned during or after this statement.
O. Concluding the Executive Committee Hearing.
(i) After all evidence is presented, all witnesses have testified, and the accused student has had the opportunity to present a closing statement, the Executive Committee shall go into Executive Session to deliberate and determine the guilt of the accused student.
(ii) The President shall instruct the Executive Committee members to resolve any reasonable doubt in favor of the accused student.
(iii) The President shall then excuse the investigating Executive Committee member from the deliberations.
P. Deliberating and Reaching a Verdict.
(i) Upon entering Executive Session, the Executive Committee shall deliberate on:
(1) whether the accused student committed each act as alleged, on the basis of all evidence and testimony; and
(2) if the alleged act(s) occurred, whether the accused student violated the community’s trust.
(ii) If, after resolving all reasonable doubt in favor of the accused, an Executive Committee member finds (1) that the accused student committed each act as alleged, on the basis of all evidence and testimony; and (2) if the alleged act(s) occurred, that the accused student violated the community’s trust, the Executive Committee member shall enter a vote of “guilty.”
(iii) However, if an Executive Committee member believes that there is reasonable doubt as to (1) whether the accused student committed each act as alleged, on the basis of all evidence and testimony; or (2) whether the accused student violated the community’s trust, the Executive Committee member shall enter a vote of “not guilty.”
(iv) The Executive Committee shall vote by secret ballot on each charge after, and only after, the conclusion of all deliberations. The President and the Vice President shall count the ballots and seal them in an envelope. This envelope shall be kept on file with the other material from the case. If all but three (3) or fewer of the Executive Committee members present vote “guilty” on any single charge, the accused student is found “guilty” of that charge. Otherwise, the accused student is found “not guilty” of that charge.
Q. Announcement of the Verdict.
(i) The President and the voting Executive Committee members involved in the Executive Committee Hearing shall inform the accused student of the verdict. If there is more than one accused student, the verdicts will be read separately.
(ii) If the verdict is “not guilty,” the student shall remain a student at the University.
(iii) If the verdict is “guilty,” the accused student shall decide whether to withdraw from the University or to appeal the verdict to a Student Body Hearing.
(iv) The accused student may attend classes and University functions while deciding whether to appeal and while awaiting the Student Body Hearing.
Section 3. Following the Executive Committee Hearing.
A. Retention of Records.
(i) If the Executive Committee finds the accused student not guilty, the Executive Committee shall destroy all records of the Executive Committee Hearing at the end of the term corresponding to the date of the hearing five academic years later.
(ii) If the Executive Committee finds the accused student guilty, the Secretary of the Executive Committee shall make a permanent, written summary of the case. In addition, if the accused student withdraws at any time after having been found guilty, the Executive Committee shall retain all evidence permanently.
B. Summary of Verdict and Procedural Options.
(i) If the Executive Committee finds the accused student “guilty,” immediately following the hearing, the President shall provide the accused student and their advisors with a summary of the proceedings. This summary shall include the final verdict, the number of “guilty” and “not guilty” ballots for each vote conducted, and information from the White Book regarding appeal and withdrawal. This summary cannot be entered as evidence in any subsequent Student Body Hearing. Disclosure of the summary is subject to the Confidentiality and Harassment section found in Article VI, Section 4 of the White Book.
C. Withdrawal.
(i) If an accused student, found guilty at an Executive Committee Hearing, decides to withdraw from the University, the student shall provide written notice to the Dean of Students. The student has 72 hours from the announcement of the “guilty” verdict to remove themselves and all belongings from the University. The notation “Withdrew” shall be placed on their official University transcript.
(ii) If a student withdraws after requesting a Student Body Hearing, but before the Student Body Hearing begins, the student shall provide written notice of this decision to the Dean of Students and the Executive Committee. The Executive Committee's “guilty” verdict shall be reinstated, and “Withdrew” shall be noted on the student's official University transcript. Withdrawal shall be retroactive to the date of the Executive Committee Hearing.
(iii) If an accused student, found guilty at an Executive Committee Hearing, fails to provide written notice of their decision to withdraw or to appeal to the Student Body Hearing, this failure shall be construed as a decision to withdraw. “Withdrew” shall be noted on the student's official University transcript, and the administration shall be responsible for promptly removing the student from the University.
(iv) If an accused withdraws at any time prior to the start of the Student Body Hearing, an announcement shall be posted to the following effect: A member of the Student Body has decided to withdraw after being found guilty of committing an Honor Violation in an Executive Committee Hearing (here will follow a brief description of the violation and a summary of the relevant facts). This description shall retain the anonymity of all parties involved in the Executive Committee Hearing. The announcement must be approved by two-thirds of the Executive Committee before it can be posted and shall be written by the Secretary in conjunction with the President and the Vice President.
D. Reopening a Completed Executive Committee Hearing.
(i) The President of the Executive Committee retains the power to re-initiate the investigation, and/or reopen the Executive Committee Hearing, subject to a determination that new, legitimate evidence is pertinent to the guilt of the accused student. This decision is subject to reversal by a majority vote of the Executive Committee.
ARTICLE X. PROCEDURE FOR A STUDENT BODY HEARING.
If the student decides to appeal the “guilty” verdict, a Student Body Hearing will be conducted before a jury of 12 students selected at random. The Student Body Hearing is open to all members of the Washington and Lee community
Section 1. Selection of the Chair and Other Officials.
A. In the Executive Committee Hearing, the Executive Committee serves as a neutral fact‑finding body. Conversely, in the Student Body Hearing, the Executive Committee defends the verdict determined in the initial Executive Committee Hearing. Therefore, the Executive Committee and the appealing student shall operate as opposing parties in the Student Body Hearing.
B. The President of the Student Bar Association, or a student agreed to in consultation between the advisors of the appealing student and a majority of the Executive Committee, shall act as Chair of the Student Body Hearing. In the event that the President of the Student Bar Association is unable or unwilling to serve, and the advisors of the appealing student and of the Executive Committee cannot agree on a student to preside over the Student Body Hearing, the Student Bar Association’s Third-Year Class President or Chair of the Student Judicial Council shall preside over the Student Body Hearing.
C. The Student Bar Association President, Student Bar Association Third-Year Class President, and the Chair of the Student Judicial Council shall each receive an introduction to the Chair’s role in a Student Body Hearing from the Executive Committee at the beginning of the Fall term of each academic year.
D. The Chair shall appoint a Recorder from the Student Body. The Recorder may appoint assistants as necessary.
E. The Chair shall appoint a Sergeant-at-Arms from the Student Body. The Sergeant-at-Arms may appoint assistants as necessary.
F. The appealing student may have up to three advisors, who must be members of the Student Body. The appealing student has the right to continue to utilize the advisors from the Executive Committee Hearing, to have the Head Hearing Advisor provide new Hearing Advisors, or to select up to three other consenting members of the Student Body to serve as advisors. These advisors may be present at the Student Body Hearing, call witnesses, and ask questions of any witnesses and of the appealing student, if the appealing student chooses to testify.
G. The Executive Committee shall select no more than three of its members to act as its advocates in the Student Body Hearing. The Executive Committee advocates may ask questions of the witnesses and of the appealing student, if the appealing student chooses to testify.
Section 2. Administrative Matters.
A. Within seven (7) days of the student’s appeal, the Chair shall announce a date for the Student Body Hearing. The date of the Student Body Hearing shall be within seven days of this announcement. The Chair may extend the latter seven-day period within their discretion.
B. The Student Body Hearing shall be open only to members of the Washington and Lee community, except that family members of the appealing student may be present, provided that they do not sit near the jury. The Sergeant-at-Arms shall enforce this restriction.
C. Members of the Washington and Lee community are not permitted to share information about the Student Body Hearing outside the community. Disseminating information about the Student Body Hearing outside the Washington and Lee community may be considered a breach of confidentiality.
D. The Student Body Hearing may be held in University Chapel or the Millhiser Moot Court Room at the School of Law. The appealing student shall decide between these options as to where the Student Body Hearing will occur with the approval of the Chair.
E. The Chair shall make appropriate announcements and orders.
F. At the Chair's discretion, the Executive Committee advocates and the advisors of the appealing student may consult consenting faculty, staff, and administration in preparation for the Student Body Hearing. The Chair must approve any consultation and has the right to question the nature of the consultation in reaching a decision.
G. Exceptions to the rules in this section shall be made at the discretion of the Chair in consultation with the Executive Committee advocates and the advisors of the appealing student.
Section 3. Selection of the Jury.
A. The Registrar or the Registrar's proxy shall choose, at random, 100 students. First-Year Undergraduate and First-Year Law students are not eligible for jury participation until their respective Executive Committee representatives have been elected.
B. The Registrar or the Registrar's proxy shall provide a list containing the name, class, local address, telephone number, and, if applicable, major and Greek affiliation of the students chosen. The names on the list shall appear in the order that they were selected by the Registrar. The Registrar or the Registrar's proxy shall sign and give the list to the Student Body Hearing Recorder.
C. The Sergeant-at-Arms shall make an effort to contact prospective jurors in the order that their names appear on the Registrar's list.
D. The prospective jurors shall be interviewed individually in the order that their names appear on the list. The Chair shall determine the time and manner of the interviews. The Chair, the appealing student, the advisors of the appealing student, and the Executive Committee advocates shall be allowed to ask questions during the selection of the jury. The Chair shall rule on the propriety of the questions. The Chair shall also explain the confidential nature of the jury selection process, read the name of the appealing student, the advisors of the appealing student, the Executive Committee advocates, the Chair, the Recorder, and the Sergeant-at-Arms, and the list of all possible witnesses, and ask the following questions of each potential juror:
(i) “Do you know any of the facts of this case?”
(ii) “Do you know the appealing student personally?”
(iii) “Is your relationship with the appealing student, the Executive Committee advocates, the advisors of the appealing student, any witness, or the Chair such that it may affect your ability to be impartial?”
(iv) “What are your opinions about the Executive Committee? Do you have any opinions about the Executive Committee that would inhibit your ability to render a decision based solely on the facts?”
(v) “Do you have any opinions about the Honor System that would inhibit your ability to render a decision based solely on the facts?”
(vi) “Would you be able to carry out the Single Sanction, regardless of your personal views on the Single Sanction?”
The Chair may ask any other questions they deem relevant.
E. The Chair shall strike for cause any prospective juror whose knowledge of the case or the appealing student may prejudice the juror's decision. The Chair shall strike for cause any prospective juror whose opinions about the Honor System would interfere with a decision based on the facts alone. The Chair shall strike for cause any prospective juror who would not be able to carry out the Single Sanction. The Chair shall have discretion as to strikes for cause.
F. After 15 prospective jurors have been interviewed and not struck for cause, the Chair shall allow both the appealing student and the Executive Committee to exercise two peremptory strikes.
G. Thereafter, the interviewing of prospective jurors shall continue until 16 prospective jurors are selected. At that time, both the appealing student and the Executive Committee shall exercise one peremptory strike.
H. Of the 14 remaining names, no more than four may be from any one class. The Chair, in consultation with the advisors of the appealing student and the Executive Committee advocates, has the authority to make the strikes and additions necessary to maintain this balance.
I. At least seven jurors shall be members of the Student Body from the same school (undergraduate or law) as the appealing student. The Chair, in consultation with the advisors of the appealing student and the Executive Committee advocates, has the authority to make the strikes and additions necessary to maintain this balance.
J. The list of selected students shall be arranged in the order that they appeared on the list provided by the Registrar.
K. The first 12 students on the list shall be jurors. The last two students on the list shall be the alternates. All jurors and alternates shall be present for the entirety of the Student Body Hearing. The Chair shall dismiss the alternates immediately preceding deliberations. The alternates will not be notified of their status as alternates until they are dismissed by the Chair immediately preceding deliberations.
L. In the event that an alternate becomes unable to serve before the day of the Student Body Hearing, or in the event that the Chair selects an alternate to serve as replacement juror, the Chair shall question additional potential jurors from the Registrar's List. The Chair shall then appoint a replacement alternate to ensure that at least two alternates are available at the start of the Student Body Hearing. In the event that a juror becomes unable to serve before the jury enters deliberations, the Chair shall select as a replacement the first available alternate in the order in which they appeared on the list provided by the Registrar.
M. Each juror and each alternate shall receive a copy of the White Book upon selection.
N. The jury shall select a foreperson at the beginning of deliberations. The foreperson shall communicate with the Chair on behalf of the other jurors, facilitate the jury’s deliberations, and collect and deliver the ballots to the Chair at the conclusion of the jury’s deliberations.
Section 4. Student Body Hearing.
A. Questions of Procedure; Private Conferences
(i) The Chair shall decide any questions of procedure. All questioning shall be under the direction of the Chair.
(ii) The advisors of the appealing student, or an appealing student proceeding pro se, the Executive Committee advocates, or the student jury may, at any time, request a private conference with the Chair to clarify procedures or to discuss the conduct or content of the Student Body Hearing. The Chair may, at any time, request a private conference to clarify procedures or to discuss the conduct or content of the Student Body Hearing.
B. Rules of Evidence.
Rules of evidence include the following:
(i) All testimony and evidence admitted in the Executive Committee Hearing are admissible in the Student Body Hearing.
(ii) The parties may call any witnesses and present any evidence subject to the following provisions:
a) At least 48 hours prior to the Student Body Hearing, the parties shall provide to the Chair and the opposing party a list of every witness they intend to call and all evidence they intend to present. If possible, copies of listed documentary evidence shall be provided.
b) The Chair shall allow the introduction of witnesses and evidence not previously listed upon a showing of good cause, and provided that the opposing party is allowed reasonable time to prepare for its introduction.
(iii) The Chair shall have the discretion to exclude any irrelevant evidence.
C. Witnesses.
(i) Any student shall be obligated to appear as a witness upon being summoned by the Executive Committee, the jury, or the appealing student. Non-student witnesses may be summoned by the Executive Committee, the jury, or the appealing student, but cannot be compelled to appear as a witness.
(ii) The Sergeant-at-Arms shall be responsible for summoning witnesses.
(iii) Each witness shall answer all relevant questions asked by any party. The Chair shall determine the relevancy of any question and shall have the power to exclude irrelevant questions.
(iv) When witnesses are not testifying, the Chair shall exclude them from the Student Body Hearing. At the discretion of the Chair, a witness may be allowed to remain at the Student Body Hearing following their testimony.
(v) The jury may recall any student witness to clarify the witness's prior testimony. The jury, the Executive Committee advocates, the appealing student, and the advisors of the appealing student may question any witness recalled by the jury. Non-student witnesses may be subject to recall if they agree to be recalled. With the exception of the witnesses recalled by the jury, the Chair may disallow further testimony from a witness who has remained at the Student Body Hearing.
(vi) Any member of the jury shall be permitted to ask for a recess after a witness's testimony so that the juror may write down notes without interruption of testimony.
(vii) The appealing student does not have to testify in the Student Body Hearing. Failure of the appealing student to testify shall create no presumption against the appealing student, and the jury shall be so instructed by the Chair. Should the appealing student decide to not testify, they cannot make an opening and/or closing statement and must instead have their advisors make such statement on their behalf. Should the appealing student decide to testify, they are subject to questioning by any party and shall answer all relevant questions. The Chair shall resolve any disputes about the relevancy of a question.
D. Self-Representation.
(i) As in the Executive Committee Hearing, the appealing student retains the right to forgo advisors and to proceed pro se.
(ii) Notwithstanding any other section in the White Book, if, and only if, an appealing student proceeds pro se, the appealing student shall also have all of the rights, and be subject to all of the limitations, of an advisor.
(iii) If this section, conferring the right of self-representation, conflicts with any other section of the White Book, this section shall prevail to the extent necessary to ensure that the appealing student has all of the rights, powers, and abilities of an advisor. However, if an appealing student proceeding pro se wishes to contact witnesses, the appealing student must first notify the Chair, and the Chair shall have the right to require that a neutral third party be present to observe any interaction between the accused student and any witness.
(iv) The Chair shall select the neutral third party. The neutral third party shall keep confidential any information disclosed by the witness, unless the self-representing accused student attempts to in any way influence, persuade, or harass the witness, in which case the neutral third party shall immediately report any such activity to the Chair.
(v) Any attempt by a self-representing appealing student, in the eyes of the neutral third party, to influence, persuade, or harass a witness will forfeit the appealing student's right to contact witnesses. If any such influence, persuasion, or harassment occurs, in the eyes of the neutral third party, the appealing student shall have the right to be represented by two advisors, or to continue to proceed pro se without the ability to contact any witnesses outside the confines of the Student Body Hearing.
(vi) Any attempt by the self-representing appealing student to influence, persuade or harass a witness will also be subject to the Confidentiality and Harassment section found in Article VI, Section 4 of the White Book.
(vii) Nothing in this Self-Representation section shall confer upon a self-representing appealing student any right, power, or ability not available to an advisor.
E. Rights of the Appealing Student.
(i) The appealing student retains all rights provided to them in the Executive Committee Hearing under Article IX, Section 1 of the White Book, to the extent that they do not conflict with Article X of the White Book.
F. Convening the Student Body Hearing.
(i) The Chair shall convene the Student Body Hearing by reading the charge against the appealing student. The Chair must also state the jury’s burden of proof before further proceedings may begin. The Chair must instruct the jury that a “guilty” verdict in a Student Body Hearing requires a determination, beyond a reasonable doubt, (1) that the accused student committed each act as alleged, on the basis of all evidence and testimony; and (2) if the alleged act(s) occurred, that the accused student violated the community’s trust.
G. Opening Statements.
(i) An Executive Committee advocate shall present a brief opening statement.
(ii) The appealing student or an advisor of the appealing student may then present a brief opening statement. If the appealing student presents the opening statement, then the appealing student waives their right to refuse to testify.
H. Witnesses and Evidence Introduction.
(i) The Executive Committee advocates may call witnesses and present evidence. The Executive Committee advocates, the advisors of the appealing student, or an appealing student proceeding pro se, and the members of the jury may question those witnesses. Members of the jury may provide written questions for witnesses to the Chair through the Sergeant-at-Arms.
(ii) The advisors of the appealing student may then call witnesses and present evidence. The advisors of the appealing student, or an appealing student proceeding pro se, the Executive Committee advocates, and the members of the jury may question those witnesses.
(iii) Witnesses shall not be called or recalled after 11:59 PM Eastern Time on the day on which the hearing began. The jury will not enter deliberations after 1:00 AM Eastern Time on the day following the conclusion of witness testimony. In the event that either one of these limits is reached, the Chair shall postpone the remainder of the Student Body Hearing to the soonest appropriate time. The Executive Committee advocates, the appealing student, the advisors of the appealing student, and the jury shall be sequestered separately until the Student Body Hearing resumes.
I. Closing Statements.
(i) An Executive Committee advocate shall present a closing statement.
(ii) The appealing student or an advisor of the appealing student may present a closing statement.
J. Jury Instructions.
Before the jury retires for deliberations, the Chair shall instruct the jury, both orally and in writing, the following:
(i) The jury shall resolve any reasonable doubt in favor of the appealing student.
(ii) The jury shall not consider in their deliberations the Executive Committee’s verdict in the preceding Executive Committee Hearing.
(iii) The jury shall deliberate on:
(1) whether the accused student committed each act as alleged, on the basis of all evidence and testimony; and
(2) if the alleged act(s) occurred, whether the accused student violated the community’s trust.
(iv) The jury shall vote by secret ballot only once on each charge at the conclusion of deliberations and shall accept those decisions as final.
(v) If the appealing student chose not to testify, the appealing student’s decision not to testify shall create no presumption against the appealing student.
K. Deliberating and Reaching a Verdict.
(i) The Sergeant-at-Arms shall deliver to the Chair any questions from the jury regarding the instructions or procedure during the deliberation process. The Chair shall answer the questions, and the Sergeant-at-Arms shall convey the answers to the jury.
(ii) During deliberations the jury shall have access to all evidence and testimony admitted during the Student Body Hearing.
(iii) Upon entering deliberations, the jury shall deliberate on:
(1) whether the accused student committed each act as alleged, on the basis of all evidence and testimony; and
(2) if the alleged act(s) occurred, whether the accused student violated the community’s trust.
(iv) Upon the conclusion of deliberations, the foreperson shall call for a vote by secret ballot. If there are multiple charges, each member shall vote on each charge on a separate ballot.
(v) If, after resolving all reasonable doubt in favor of the accused, a juror finds (1) that the accused student committed each act as alleged, on the basis of all evidence and testimony; and (2) that the accused student violated the community’s trust, the juror shall enter a vote of “guilty.”
(vi) However, if a juror believes that there is reasonable doubt as to (1) whether the accused student committed each act as alleged, on the basis of all evidence and testimony; or (2) whether the accused student violated the community’s trust, the juror shall enter a vote of “not guilty.”
(vii) The foreperson shall collect the ballots, seal them in an envelope, and deliver them to the Sergeant‑at‑Arms, who will then unseal the envelope in the presence of the Chair and count the votes with the Chair. If nine (9) or more of the twelve (12) jurors present vote “guilty” on any single charge, the accused student is found “guilty” of that charge. Otherwise, the accused student is found “not guilty” of that charge. The Sergeant-at‑Arms shall communicate the result of each vote to the jury.
L. Announcement of the Verdict.
The Student Body Hearing concludes with the reading of the verdict. The Chair shall announce only the verdict.
Section 5. Following the Student Body Hearing.
A. If the jury finds the appealing student not guilty, the student shall remain a student at the University.
B. If the jury finds the appealing student guilty, the student is dismissed from the University, and the Registrar will lift the hold on their transcript and add the notation “Dismissed.” The verdict of the Student Body Hearing is final and cannot be appealed or overturned. If the appealing student is found guilty in a Student Body Hearing, the Executive Committee shall notify the appropriate University officials that the student shall be dropped from the rolls of the University. An announcement shall be posted indicating that a member of the Student Body has been dismissed from the University after having been found guilty of an Honor Violation (here will follow a brief description of the violation).
C. Immediately following the Student Body Hearing, the appealing student, their advisors, the Executive Committee advocates, and the Chair shall turn over to the Executive Committee all evidence, including transcripts from the Executive Committee Hearing. If the appealing student is found not guilty, all records from both the Executive Committee Hearing and the Student Body Hearing shall be destroyed at the end of the academic term corresponding to the date of the Student Body Hearing five years later. If the appealing student is found guilty, the Secretary shall make a permanent written summary. The Executive Committee shall retain all other records from both the Executive Committee Hearing and the Student Body Hearing permanently.
ARTICLE XI. STUDENT BODY ANNOUNCEMENTS.
On the day of the first Executive Committee Business Meeting of each month when class is in session, the Executive Committee Secretary shall post an announcement listing:
A. The number of investigations;
B. The number of withdrawals while being investigated;
C. The number of withdrawals while awaiting an Executive Committee Hearing;
D. Executive Committee Hearings and their verdicts to date in the current academic year;
E. Student Body Hearings and their verdicts to date in the current academic year; and
F. When necessary, all announcements indicating that a student has withdrawn or been dismissed from the University.
If applicable, any accompanying case summaries shall be posted on the same day.
ARTICLE XII. AMENDING THE WHITE BOOK.
Section 1. Procedure for Amending the White Book.
A. The Executive Committee shall give consideration to any proposal for amendment to the White Book that is submitted on proper motion by any member of the Executive Committee, any student with an accompanying petition signed by at least 50 current students, or the White Book Review Committee. The Executive Committee may adopt such an amendment to the White Book by a two‑thirds vote of the quorum present in two consecutive votes, provided that such votes are at least one week apart.
B. Amendments may also be adopted by a vote of the Student Body as described below. Such amendments must first be presented to the Executive Committee by a petition signed by 100 members of the Student Body.
(i) Any proposed amendment shall be made available to the Student Body for at least one week prior to being voted on, as provided for in the Student Body Constitution.
(ii) The Student Body shall vote on any proposed amendment by secret ballot.
(iii) For adoption, a proposed amendment must receive two-thirds of the ballots cast. At least one‑half of the Student Body must casts ballots for any amendment to go into effect. Balloting on the proposed amendment may extend no longer than three consecutive days.
Section 2. White Book Review Committee.
A. The Executive Committee shall appoint a White Book Review Committee to thoroughly examine all aspects of the Honor System in the 2023–2024 academic year, and every third year thereafter.
B. The Executive Committee shall appoint members of the White Book Review Committee by October 1 of the year in which the White Book Review Committee is to be called.
C. There shall be nine members, one of whom shall be the Chair. No current member of the Executive Committee shall be allowed to sit on the White Book Review Committee.
D. The White Book Review Committee shall ascertain the opinions of those in the Washington and Lee community regarding all aspects of the Honor System. The White Book Review Committee shall report periodically to the Executive Committee.
E. The White Book Review Committee shall submit to the Executive Committee a comprehensive report on the state of the Honor System as well as proposals for any changes to the White Book and all other recommendations that the White Book Review Committee deems appropriate by March 1, or at a date agreed upon by the White Book Review Committee and the Executive Committee.
F. The Secretary of the Executive Committee shall provide an editing copy of the White Book to the White Book Review Committee.
GLOSSARY OF TERMS
Community.
The Washington and Lee community, for the purposes of this White Book, is comprised of current Washington and Lee students, faculty, and staff.
Deliberations.
Deliberations are closed sessions which occur after the investigative team’s report, the Executive Committee Hearing, and/or the Student Body Hearing. During these closed sessions, the adjudicative body will have access to all evidence and testimony. The purpose of these deliberations is to arrive at a decision according to the applicable burden of proof.
Executive Committee Hearing.
At an Executive Committee Hearing, the Executive Committee receives evidence and hears testimony related to a possible Honor Violation. It is also historically referred to as a “closed hearing” among students because only members and members-elect of the Executive Committee, the accused student, the advisors of the accused student, the observing advisors, and the witnesses shall be present. The Executive Committee is the adjudicative body in the Executive Committee Hearing.
Executive Committee Member.
The Executive Committee Members are the elected undergraduate and law student representatives who hold positions on the Executive Committee. Students selected to fill quorum also serve as Executive Committee Members during the honor matter for which they are selected.
Executive Session.
During an Executive Committee Hearing, the President of the Executive Committee can call for an Executive Session in which only members, or members‑elect, of the Executive Committee may be present.
Honor Violation.
An Honor Violation or “HV” is any conduct that violates the trust of the current Washington and Lee community.
Member-Elect.
Members-elect are incoming members of the Executive Committee who have been elected by the Student Body but not yet sworn in by the Executive Committee.
Observation.
For learning purposes, Hearing Advisors may sit in on Executive Committee Hearings to observe.
Single Sanction.
The Single Sanction refers to the fact that the single disciplinary penalty for violating the community’s trust is removal from the University.
Student Body Hearing.
The Student Body Hearing is also known as an “open hearing.” In a Student Body Hearing, a student jury makes the final determination regarding the guilt of the appealing student. The decision of the jury at the Student Body Hearing is final and cannot be appealed.