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Related Procedures

Applicability of the Honor Code
The CES Honor Code is designed to be tailored in accordance with local conditions and circumstances. Following are applications of the CES Honor Code as it applies specifically to BYU–Hawaii.

All students are required to conduct themselves in a manner consistent with the Honor Code. In addition, students may not influence or seek to influence others to engage in behavior inconsistent with the Honor Code.
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    Good Honor Code Standing
    Students must be in good Honor Code standing to be admitted to, continue enrollment at, and graduate from, Brigham Young University–Hawaii. The term "good Honor Code standing" means that a student's conduct is consistent with the Church Educational System Honor Code, the BYU–Hawaii Honor Code and university standards and policies, and the ideals and principles of The Church of Jesus Christ of Latter-day Saints. A student who has a withdrawal of membership, formal membership restrictions, or is disaffiliated from The Church of Jesus Christ of Latter-day Saints automatically loses good Honor Code standing. Further, a student is not in good Honor Code standing if their ecclesiastical endorsement has either lapsed or has been withdrawn or if the student received an Honor Code sanction of probation, suspension, or dismissal.

    All students, upon admission to Brigham Young University–Hawaii, are required to observe the standards of the Honor Code at all times, whether on or off campus. When the Office of Honor receives reports of misconduct prior to a prospective student's admission or readmission, those reports are referred to Admissions for appropriate consideration and action. When the Office of Honor receives reports of student misconduct after admission or readmission, but before registration for classes, the Office of Honor typically notifies the student, indicating that a "hold" will likely be placed on the student's account until the matter is investigated and resolved by the Office of Honor. The Office of Honor may place a "hold" on the record of any student based on reports of student misconduct prior to notifying the student.
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    Honesty

    Honesty in Civil and Family Disputes



    Students are expected to be honest in fulfilling contractual and family obligations. The university generally will not involve itself in private contractual or familial obligations such as paying child support, business disputes, etc.

    Honesty in Usage Of BYU–Hawaii Resources



    Students are expected to understand what constitutes appropriate use of BYU–Hawaii resources, including computing resources. Any use of BYU–Hawaii resources to engage in fraud, deception, unauthorized software duplication, unauthorized use of copyrighted material, commercial activities, or to post, transmit, access, or originate any unlawful, threatening, abusive, fraudulent, hateful, defamatory, obscene, or pornographic communication is contrary to the Honor Code.

    Honesty in Reporting



    Knowingly or recklessly reporting false information regarding student misconduct is a material breach of the Honor Code, subjecting the individual making the false accusations to disciplinary action.
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    Obeying the Law and University Regulations

    Obeying the Law of the Land



    A violation of the law can be a serious breach of the Honor Code and may lead to an action taken by the Office of Honor action independent of any action taken by the judicial system. Additionally, the university may accept a judicial decision as satisfying the university’s investigative process. Examples of breaches of the law include but are not limited to the following:

    · Intentional or reckless endangerment or cause of injury;
    · Damage, defacement, or destruction of the property of another;
    · Theft and burglary of another person’s property;
    · Physical assault of another;
    · Sexual misconduct including rape;
    · Knowingly failing to comply with federal immigration laws;
    · Trespassing and loitering.
    · Hate Crimes including vandalism or intentional injury or damage to an individual’s property “in which the perpetrator intentionally selected a victim, or in the case of a property crime, the property that was the object of a crime, because of hostility toward the actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation of any person” (HRS§846-51).

    Obeying University Policies and Regulations



    University policies and procedures are developed to provide direction and guidance for all members of the university community regarding both administrative activities and compliance with federal, state, and local laws and regulations as well as to help implement compliance with the CES Honor Code. Compliance with the university’s policies and procedures is mandatory for all members of the university community.

    Students should read and be familiar with those university policies that directly affect them. Especially important are the university’s Honor Code, Sexual Misconduct Policy, Drug-Free School Policy, and the various BYU–Hawaii residential housing policies and procedures.

    In order to protect all University personnel, weapons are prohibited on University property (see University Weapons Policy).
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    Honor Code Investigation and Administrative Review Process
    The purpose of the Honor Code investigation and administrative review process is to assist Brigham Young University–Hawaii and its students to preserve and enhance an educational environment conducive to achieving and fulfilling the mission of BYU–Hawaii. It is the intent of BYU–Hawaii that this process be implemented in a collegial, nonadversarial manner, which will serve to educate students as to their moral responsibilities, aid them in developing their character, and assist them in protecting both their integrity and that of the university. Nevertheless, BYU–Hawaii also recognizes that there may be instances in which a student’s behavior may warrant his or her dismissal from the university or other disciplinary proceedings in order to protect the interests of the university and campus community.

    Generally, the university will follow the procedural guidelines as outlined in this document. However, the procedures set forth in this document are merely guidelines and are not intended to create any contractual obligations or expectations. The university reserves the right, at its discretion, to vary from these procedures according to the circumstances of individual matters, so long as the student receives from the university, prior to the actual implementation of any disciplinary action, (i) notice of the nature of the alleged or suspected Honor Code violation(s) and (ii) an opportunity to respond.

    Both the investigation of reported Honor Code violations and the administrative review process are under the direction of the vice president of student development & services. The Office of the General Counsel may advise university personnel involved in the investigation or administrative review anytime during the process as to matters of university policy and procedure relevant to the deliberations.
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    Investigation and Determination of Reported Honor Code Violations
    The university, at its discretion, may choose to investigate reported or suspected Honor Code violations. This investigation is separate from any civil, criminal, or ecclesiastical proceedings. Reports of Honor Code violations are generally investigated according to the guidelines and procedures below although variations may occur depending on circumstances.

    Violation Reports and Privacy



    Anyone may refer a student to the Office of Honor (OOH) for reported violation(s) of the Honor Code, whether the alleged conduct occurred on or off campus. The person submitting a report is asked to identify himself or herself and to provide information regarding the alleged violation that will assist the university in its investigation. Although the OOH generally does not investigate reports given by anyone unwilling to identify himself or herself, the OOH reserves the right, at its discretion, to proceed with an investigation based on an anonymous report.

    While the OOH and the university will reasonably strive to keep the names of witnesses confidential if so requested, they cannot always ensure such confidentiality. Subject to the restrictions of the Family Educational Rights and Privacy Act (FERPA) and other applicable laws, the university may disclose witness names and other information supplied by witnesses (i) when legally compelled to disclose (e.g., as required by applicable law, lawfully issued subpoenas, warrants, court orders, or other investigatory documents issued by a court of competent jurisdiction); (ii) when the university deems disclosure necessary to provide a student with notice of the nature of the violations alleged against him or her; (iii) when the university deems disclosure necessary for health or safety reasons, or (iv) when otherwise determined to be in the best interest of the university. Note: all subpoenas, warrants, and court orders are referred to the university Office of the General Counsel.

    Information provided to or collected by the OOH with respect to an Honor Code violation and placed in the student’s OOH file is considered part of the student’s educational record. Consistent with FERPA and related procedures, students shall be granted the opportunity, upon written request, to access their own educational records to assure the accuracy of the contents. The information in the records, but not necessarily the names of the witnesses, will be disclosed to requesting students within 45 days of their written request.

    Retaliation



    Retaliation against an individual who has made a report or provided information in connection with an investigation is strictly prohibited. Retaliation is any direct or indirect adverse action taken against an individual because he or she participated in any manner in an Honor Code investigation or administrative review process. Retaliation can include intimidation, which is any adverse action or threat of action reasonably likely to prevent or dissuade an individual from making a report or providing information in connection with an Honor Code investigation. Individuals who participate in an Honor Code investigation should be advised that university policy prohibits retaliation against them and should be assured that the university will take steps to prevent retaliation and will address any act of retaliation of which it becomes aware. An individual who feels that he or she has been subjected to retaliation for reporting an Honor Code violation or participating in an Honor Code investigation or administrative review process should report the incident to the OOH which will address the report in accordance with the investigation and administrative review process set forth below.

    The Investigation



    The OOH will normally investigate a reported Honor Code violation if there is sufficient, reasonable, and credible information that an Honor Code violation has occurred. After a violation report is received, the OOH will (i) analyze the violation report and relevant evidence; (ii) conduct an investigation and interview the student and any witnesses or other persons having information about the student and/or the allegations as the OOH deems appropriate;(iii) notify the reported student in writing of the alleged violation(s) of the Honor Code if it appears that an Honor Code violation may have occurred; (iv) encourage the student to respond, preferably in writing, to the allegations and relevant information; (v) assess the credibility of the witnesses and strength of the evidence; and (vi) make decisions and recommend a course of action.

    The student is encouraged to meet with a representative from the OOH to respond honestly and fully to the alleged Honor Code violations and to provide any facts or information relevant to the alleged violation. As noted above, the student is encouraged to provide his or her response to the allegation(s) and relevant evidence in writing. When there are significant discrepancies or contradictions between the supporting information and the student’s response, the OOH will attempt to ascertain the truth and exercise reasonable discretion, including further investigation if practicable. No attempt will be made to apply technical rules of evidence. In general, any information, whether oral or documentary, that is considered relevant will be received and reviewed, subject to the reasonable discretion of the OOH.

    Although the OOH will handle most investigations, on occasion the Dean of Students Office may either assist the OOH in the investigation or assume primary responsibility for conducting the investigation in accordance with the general principles noted above. Such occasions may arise with situations involving extremely sensitive issues, high-profile cases, or matters where the student is likely to be dismissed from the university.

    Contemporaneous Civil, Criminal, or Ecclesiastical Proceedings



    Except in cases involving sexual violence or harassment, the university reserves the right to determine whether it will immediately begin investigating or delay responding to matters that are presently the subject of civil, criminal, or ecclesiastical proceedings. In cases involving sexual violence or harassment, the university will conduct its own investigation regardless of the pendency or timing of other civil, criminal, or ecclesiastical proceedings. In all cases, the university retains the right to conduct its own independent investigation and to reach a determination, which may or may not be consistent with the outcome of civil, criminal, or ecclesiastical proceedings. In cases where a student has been arrested and/or charged with criminal misconduct, the university may take immediate action, including, but not limited to, placing a hold on registration, future re-admission and/or graduation, probation, suspension, dismissal, or banning, or may elect not to take any action at all. The university may discontinue or amend such action or inaction at any time or upon the resolution of the criminal charges against the student and/or the subsequent findings of the university’s investigation. Further, the university may take immediate action even if the student in the university’s investigation refuses to participate in the investigation or chooses not to disclose relevant information to the OOH.

    Interim Action



    The university may take action on an interim basis pending completion of its investigation when at its discretion such action is reasonably justified. For example, in certain circumstances the university may place an immediate hold on the student’s registration and/or graduation pending further investigation and/or resolution. In another example, the university may be reasonably justified in suspending and/or banning the student on an interim basis to protect the safety and well-being of the campus community, to promote the student’s own physical or emotional safety and well-being, or where the student’s behavior presents a threat of disruption or interference with normal campus operations. During such interim action, the student may be denied university privileges for which the student would otherwise be eligible, including, on occasion, access to the residence halls, campus facilities, classes, or other university activities. The university may discontinue or amend such interim action at any time upon resolution of the issues and/or the subsequent findings of the university’s investigation. If the student disagrees with the interim action, he/she may request an expedited review by the dean of students consistent with the principles and procedure outlined in the expedited administrative review below. Interim action the university may take action on an interim basis pending completion of its investigation when at its discretion such action is reasonably justified. For example, in certain circumstances the university may place an immediate hold on the student’s registration and/or graduation pending further investigation and/or resolution. In another example, the university may be reasonably justified in suspending and/or banning the student on an interim basis to protect the safety and well-being of the campus community, to promote the student’s own physical or emotional safety and well-being, or where the student’s behavior presents a threat of disruption or interference with normal campus operations. During such interim action, the student may be denied university privileges for which the student would otherwise be eligible, including, on occasion, access to the residence halls, campus facilities, classes, or other university activities. The university may discontinue or amend such interim action at any time upon resolution of the issues and/or the subsequent findings of the university’s investigation. If the student disagrees with the interim action, he/she may request an expedited review by the dean of students consistent with the principles and procedure outlined in the expedited administrative review below.

    Voluntary Withdrawal



    At any time prior to the OOH’s issuance of a decision and recommended action, a student may voluntarily withdraw from the university. Once a student voluntarily withdraws from the university, for any reason, he or she no longer enjoys student status nor any of the benefits, rights, and privileges associated with student status. If a student voluntarily withdraws from the university, the university may nevertheless determine at its discretion to proceed with an investigation of the allegations to establish appropriate conditions and/or restrictions for returning the student to the university and to make appropriate notations on the student’s official university records regarding his/her status at the university. Alternatively, the university may put a hold on the student’s registration, re-admission, and/or graduation pending an investigation and/or resolution of the allegations.

    The Decision: Determination and Sanctions



    At the conclusion of the investigation, the OOH investigator will determine whether an Honor Code violation has occurred using the preponderance of the evidence standard. If a violation is determined to have occurred and the appropriate sanction is determined to be no action, verbal warning, or written warning, the investigator will issue the sanction. If the appropriate sanction is likely to be probation, suspension, or dismissal, the Honor Code Council will orally review the case information and determine the appropriate sanction. In all Honor Code cases, a final report will be prepared to summarize the investigation and document the sanction.

    The OOH will prepare a decision letter, which will include a brief summary of the provisions of the Honor Code alleged to have been violated, the findings of the investigation and conclusions, the sanction and, if applicable, any related conditions for reinstatement to good honor code standing. It will also include information regarding the student’s opportunity to request an administrative review. This letter will constitute the “Decision.”

    The Decision will be based upon a preponderance of the information (i.e., whether, based on the information before the OOH it is more likely than not that the misconduct occurred and constitutes a violation of the Honor Code); and the sanction may take into consideration the criteria in Appendix A. Through email notification, the OOH (or the Dean of Students) will notify the student and provide a copy of the Decision within a reasonable time period. In most instances the OOH will attempt to review the Decision with the student personally. When the OOH (or the Dean of Students) recommends any action other than dismissal, no action, verbal warning, or written warning, the Decision will contain information regarding the action and any conditions that must be met in order for the student to maintain or return to good Honor Code standing with the university. Students must be in good Honor Code standing to graduate and receive a diploma. In order to be considered for a return to good standing, students are required to satisfactorily complete the specified conditions. When the Decision includes a recommendation for any action other than no action, verbal warning, or written warning, the Decision will also contain information regarding the procedure for seeking an administrative review of the Decision.

    Records will be retained for all decisions and recommended actions, including recommendations of no action. The university does not consider the actions of no action, verbal warning, or written warning to be reportable disciplinary actions when responding to a request for a dean’s certification from another institution or third party. In addition, a student will remain in good Honor Code standing when an action of no action, verbal warning, or written warning is recommended. The actions of probation, suspension, and dismissal are reportable disciplinary actions for which the student will lose his or her good Honor Code standing until resolved.

    All decisions and sanctions are final unless a timely request for administrative review is submitted by the student as set forth in part II below.

    Record



    Consistent with university policy and procedures, the student will be permitted upon written request to review his/her OOH file (which will include the Decision, the final report, investigation files and notes, and other information and educational records pertaining to the student). Students may at any time seek correction of their education records in his/her OOH file that may be inaccurate, misleading, or maintained in violation of his/her privacy or other rights. The OOH file, including the Decision and the student’s response, shall constitute the record (Record) which will be the basis for any subsequent review of the Decision and disciplinary action should the student request an administrative review.
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    Administrative Review

    General Information



    Grounds for Requesting a Review



    The student may request an administrative review (Review) of any Decision resulting in disciplinary action of probation, suspension, or dismissal. In a request for review, the reviewing administrator will presume that the outcome of the investigation was reasonable and appropriate, and the party filing the Review bears the burden of establishing that the outcome was reached in clear error. In other words, the reviewing administrator must be presented with information that the findings in the investigatory report were unquestionably erroneous.

    The student has the burden to show: (i) the Decision is not reasonably supported by the facts in the record, (ii) the OOH failed to follow applicable procedures and that as a result of such failure the student was not given adequate notice of the nature of the alleged or suspected Honor Code violations or did not have a meaningful opportunity to respond, (iii) the disciplinary action imposed is inappropriate for the violation of the Honor Code, or (iv) the investigation or Decision exhibited prejudice or bias that affected the outcome.

    The reviewing administrator can affirm the decision reached in the investigatory report, overturn the decision, or remand the matter back to the Office of Honor for further investigation. Generally, the reviewing administrator will issue its decision within five days of receiving the request. The decision of the reviewing administrator is final and is not subject to further review.

    Administrative Review



    The Honor Code provides for an administrative review by the dean of students or assignee for all disciplinary actions resulting in probation, suspension, or dismissal. The investigation and administrative review process is illustrated in the flowchart attached as Appendix B (a.k.a"Timeline").

    Student Status Pending Review



    The student applying for a review will generally not be restricted or excluded from class attendance or from participation in university functions and activities during the review process except for activities and functions in which the student acts as an official representative of BYU–Hawaii if the university, acting through the Dean of Students, determines that such attendance and/or participation is likely to be disruptive or pose a substantial threat to the functioning, integrity, or reputation of the university or to the well-being or personal safety of the student or others. In all such cases, the Dean of
    Students has full discretionary powers and will advise the student of any restrictions and/or exclusions, pending the final outcome of the Review.

    Expedited Administrative Review



    If a student disagrees with an interim action taken by the university or has been restricted by the Dean of Students from participating in public performances or events wherein he or she officially represents the university, an expedited review may be requested under the following guidelines: (i) when notified of the interim action or the Decision, the student promptly responds with a request for an expedited process to the Dean of Students; (ii) the review application form is completed and delivered without delay to the Dean of Students; (iii) there is no new or additional information to be introduced; and (iv) the student agrees to participate in the Review when scheduled.

    If the conditions for an expedited Review are met, the Dean of Students will attempt in good faith to schedule the Review within three to five business days of receipt of the review application.

    By requesting an expedited review the student should be aware that the review process is accelerated. His or her preparation time will be much more limited and the scheduling of the Review will be accomplished as soon as is practicable. The student cannot publicly perform or play during the expedited review process. The expedited review process is not generally recommended but is available to a student as an option in unusual circumstances where the student believes it to be in his/her best interests to complete the review process as soon as is practicable.

    Review Procedures



    Initiating the Review



    Once a Decision resulting in a disciplinary action of probation, suspension, or dismissal has been made, the student may initiate a review by completing the Review application and delivering it to the Dean of Students within five business days from the date on the decision letter. The request may be emailed or submitted in person to the OOH as outlined in the decision letter.

    Generally, written communications pursuant to these guidelines will be sent to the student by email or, in certain instances, by certified mail, return receipt requested, by regular U.S. mail postage prepaid, to the most current address the student has provided to the university.

    Scheduling the Review



    After the review application has been received, the Dean of Students will contact the student, the OOH, and the dean of students to schedule a time and place for a review meeting. If unable to contact the student in person or via telephone communication, the Dean of Students will send a letter by mail or e-mail to the student at a local or electronic address provided by the student notifying him or her of the time and place of the review.

    Conducting the Review



    The review will be conducted by the dean of students or assignee. An assistant may be present to take minutes of the proceeding, and a recording may be made at the option of the Dean of Students. The minutes and/or recording shall be the property of the university.

    Who May Attend the Review?



    Both the student and the OOH representative may have one or two individuals physically present in the review to support and confer with him or her. Such individuals will not, however, be allowed to address the dean nor advocate in the review unless specifically invited to do so by the dean. Because the review process is intended to be educational and not adversarial, attorneys are not allowed to attend or represent either the university or the affected student. A university attorney may be present at the review for the limited purpose of giving counsel to the dean regarding questions about process or procedure.

    An attorney who is directly related to the affected student as a parent, legal guardian or spouse may attend the review as a support individual, but should not address the dean or otherwise advocate on behalf of the student. The student’s attendance at the review is not required; as a practical matter, however, his or her attendance will usually be important to the dean in his or her review of the information and consideration of the review. Thus, the student is encouraged to make every reasonable effort to attend the review.

    A reasonable effort will be made to maintain an appropriate level of confidentiality with respect to the review, consistent with the legal requirements of privacy and student access.

    Purpose and Agenda of the Review



    The purpose of the review is to make an evaluation as to (i) whether the Decision was reasonably supported by the facts in the record, (ii) whether applicable procedures were followed throughout the investigation and review processes (or if the university varied from those procedures, whether the process nevertheless afforded the student adequate notice and a meaningful opportunity to respond), (iii) whether the sanction is appropriate for the violation of the Honor Code, and (iv) whether the investigation or Decision exhibited prejudice or bias that affected the outcome. The student is encouraged during the Review to discuss his or her feelings, perspective, and/or information about items (i) through (iv). The student has the burden to show that the university erred with respect to items (i) through (iv). At the conclusion of the review, the student, the OOH representative, support persons, and anyone else in attendance, will be excused. The dean may recall the student and the OOH representative to respond to or clarify questions.

    Introduction of New Information



    Only the materials and information contained in the record will be considered in the review. On rare occasions, additional relevant information may come to light after the conclusion of the university’s investigation. If that information is material to the case under review, and may result in a change to the Decision, the case may be remanded back to the OOH. The new information will be added to the Record and investigated and the Decision reconsidered. The new information may result in the sanction being lessened, increased, or have no impact on the sanction. If the Decision is changed, the student will be notified and advised with respect to his or her opportunity to request a review of the new decision.

    If the new information does not relate to the current case, it will be sent to the OOH and a new, additional investigation may be initiated.

    The Decision of the Dean



    The dean or assignee will review the record, the review application, and any other relevant information arising in the context of the review. He or she may also make independent inquiries of the OOH, the student, and/or witnesses to clarify statements in the record. After reviewing this information, the dean shall render a decision. The dean will affirm the Decision if he or she determines that the Decision was reasonably supported by the information in the record, prejudice or bias did not unduly affect the outcome of investigation and Decision, and applicable university procedures were observed (or if there were any variances from those procedures, the process nevertheless afforded the student notice and an opportunity to respond). In addition, the dean may, at his or her sole discretion, modify the sanction applied to the student based upon the review. Further, the dean may refer the matter back to the OOH for further evaluation with accompanying instructions if he or she determines that prescribed procedures were not followed or relevant information or other mitigating circumstances were not appropriately considered. After conducting the review, the dean will deliver a written decision to the student and the OOH. Unless this decision calls for the matter to be remanded back to the OOH for further investigation, the dean’s written decision is final with no provision for further review.
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    Sanction Selection Criteria
    Based on the information gathered during the investigation, the following should be considered in selecting the appropriate sanctions.

    Prior Honor Code violations



    Seriousness of behavior



    a. Egregiousness
    b. Intent
    c. Duration and frequency
    d. Predatory in nature
    e. Intimidation or retaliation

    Impact on other students, the university, and the community



    a. Harm and potential harm
    b. Educational impact
    c. Extent to which misconduct is publicly or widely known

    Honesty and attitude



    a. Honesty, cooperation, and trustworthiness
    b. Acceptance of responsibility for behavior, including making restitution and motivation for change
    c. Timely and voluntary self-report
    d. Relative maturity and emotional stability
    e. First time offense vs. repeated offenses
    f. Emotional development of student (class standing, returned missionary, temple-endowed, etc.)

    Support



    a. Ecclesiastical leaders
    b. Counselors
    c. Parents
    d. Roommates and friends
    e. Nature and availability of support
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    Investigation and Administrative Review Timeline
    Questions about the process steps and timeline for Brigham Young University–Hawaii Office of Honor investigations and administrative reviews?: Timeline Flyer