Thunderbird Code of Honor Thunderbird students do not lie, cheat, or steal nor tolerate those who do. OPENING STATEMENT Part of Thunderbird’s mission is to prepare its students to conduct business ethically in a global environment. Thunderbird Honor Code is an undertaking of the Thunderbird Community (students, faculty and staff), supported by its members, both individually and collectively. Its purpose is to promote an environment of academic integrity and mutual trust, and set patterns for future behavior. Every student, faculty member, and staff member has the duty and responsibility to know, maintain, and uphold the principles of the Code and to cooperate with Honor Council Proceedings. The Code provides a standard of honesty and declares that compliance with the standard is to be expected. It does not contemplate that the standard will be self-enforcing but calls on the entire Thunderbird community to encourage compliance and to take reasonable steps to discourage violations. The Thunderbird Honor Code requires all students, faculty and staff to conduct themselves and their academic work in a manner consistent with the highest ethical standards. The code exists to support high standards of behavior and applies to all members of the Thunderbird academic community. VIOLATIONS The code depends for its effectiveness primarily on the individual and collective desire of all members of the Thunderbird community to prevent and deter violations rather than on proceedings to impose penalties after violations have occurred. Violators of the Honor Code will be subject to penalties up to and including dismissal from Thunderbird. Due to the serious repercussions of violations of the Honor Code, it is the responsibility of each and every member of the Thunderbird community to become knowledgeable of its contents and implications. Violations alleged of faculty and staff members will be referred to the Office of Academic Affairs for investigation and action. The violations as explained in this document are intended to provide guidance to the Thunderbird Community as to what constitutes unacceptable behavior under the Thunderbird Honor Code. Violations of the Honor Code include, but are not limited to: Lying and misrepresentation Misrepresenting the truth or furnishing false information, with the intent of gaining unfair personal advantage, or causing harm to another. Cheating Attempting to give a false appearance of a student’s level of knowledge or skill; presenting or submitting academic work in a manner that attempts to deceive the instructor in assessing any student's academic performance; receiving or giving unauthorized assistance on exams; and using unauthorized materials during an exam. Faculty members shall be responsible for describing specific rules relevant to their classes. Violation of class rules constitutes cheating under the Thunderbird Honor Code. It is the student's responsibility to seek clarification from faculty if needed. Stealing Taking or attempting to take the property of another without permission. Plagiarism Representing or submitting the work or ideas of another as one's own, without giving proper credit. Other Violations Uncivil behavior which interferes with the rights, safety, or health of others; abuse of Honor Code Proceedings through the filing of frivolous or maliciously motivated complaints. Failure to report a violation is also a violation of the Honor Code. THE HONOR COUNCIL The Honor Council shall have the responsibility of promoting the spirit of the Honor Code within the Thunderbird community by: interpreting the Honor Code and providing clarification and guidance as to its content and implications, conducting investigations into alleged violations, conducting Formal Hearings when warranted, and determining appropriate sanctions upon the finding that an Honor Code violation has occurred. The Honor Council shall consist of three faculty members, appointed by the Faculty Senate, who will each serve staggered two-year terms; and at least seven voting student representatives: the two TSG Academic Affairs Co-Chairs while in office, and at least five students, considered to be representative of the student body at large in composition, appointed by the Honor Council to terms of two consecutive semesters. Term extensions may be granted by a majority vote in the Honor Council. In the event that a faculty member is unable to serve a term, the Faculty Senate shall select a replacement at the next scheduled meeting. The Vice President for Student Services and Program Support or their designated representative shall be an advisory, non-voting member of the Council. The Honor Council will be chaired by a student Honor Council member selected each semester by the other council members. The Chair retains voting privilege. FORMAL PROCEEDINGS Initiation of a Charge of Honor Code Violation 1) All members (students, faculty and staff) of the Thunderbird Community have a duty to report, in writing, what they believe is a violation of the Honor Code to the Vice President for Student Services and Program Support or their designated representative. Conferring with each other, these officers will decide which of them shall serve as the Investigating Official. 2) The Investigating Official shall, upon the receipt of an accusation, notify the Chair of the Honor Council that an accusation has been received. 3) The Chair shall then appoint one student serving on the Honor Council who is impartial and has no close association with either of the parties in any way that would affect this student’s judgment. If the accused is a member of the Honor Council, the individual will be relieved of his/her responsibilities until the issue has been resolved. The TSG President will appoint an interim Honor Council member during this period. This student and the Investigating Official will make up the Investigating Committee. The Investigating Student will not vote in any Honor Council Proceedings related to the specific complaint under investigation. The Investigating Committee has the responsibility to promptly inform the student involved of the basis and circumstances of the complaint. 4) The accused student is allowed a 48-hour period from the time of notification of an alleged violation to submit a written statement to the Investigating Committee in response to the accusation. 5) The Investigating Committee shall meet with the accused student and the complainant separately to conduct a preliminary investigation in order to determine if the preliminary evidence warrants an official investigation. If either member of the Investigating Committee believes sufficient evidence exists to proceed, a formal investigation will be launched. If both members of the Investigating Committee determine that the initial findings do not warrant further investigation, the matter will be closed but may be reopened if new evidence is produced. 6) All records of the investigation shall be retained in a confidential manner by the Office of the Vice President for Student Services and Program Support until the accused student graduates. 7) The Investigating Committee will notify the accused student, complainant, Chair of the Honor Council and the Vice President for Student Services and Program Support or their designated representative of the Investigating Committee's decision within five school days of the filing of the complaint. School days are defined as Monday through Friday excluding school holidays, final exam weeks, and other periods when classes are not regularly scheduled. The Investigating Committee shall not discuss the case with any member of the Thunderbird Community outside of its normal investigation. 8) If the accused admits to the charges during the investigation period, the Investigating Committee will submit the issue to the Honor Council for penalty determination. Hearing Notification On written advice of the Investigating Committee that a formal hearing be conducted, the Chair shall set the time and place of the Hearing, to be held within ten school days of the date of the Investigating Committee's recommendation, unless a reasonable extension has been granted by the Chair of the Honor Council. The Chair shall notify the accused, the complainant, the Investigating Committee, and other members of the Honor Council, of the time and place of the Hearing. The Chair shall include in the notice of the Hearing the specific charges which have been alleged. The student shall be informed in writing of his/her rights with the notification of the charges. Student Rights The right to be informed that the student is under investigation and the alleged charges. The right to have a fair and impartial hearing by the Honor Council. The right to seek advice from other members of the Thunderbird Community, except for Honor Council members The right to review evidence gathered by the Investigating Committee prior to the hearing. The right to have an advisor present at the Honor Council hearing. The right to present witnesses and evidence at the Honor Council hearing. The right to question witnesses at the hearing. The right to petition the Chairman to compel the presence of witnesses and/or the accusor if they are reasonably available. The right to appeal a Council decision. Convening of the Honor Council and the Hearing 1) If the student wishes to provide witnesses, he or she must present a list to the Chair of the Honor Council at least two school days before the hearing. A full list of witnesses will be provided to all participants at least 24 hours before the hearing. 2) The accused student may have the services of an advisor at the Hearing. The accused student’s advisor may be present throughout all formal hearing procedures. Thunderbird will offer the services of such an advisor to the accused, although the accused may choose to decline. The advisor’s participation is limited to offering advice. The advisor may not address the Council nor question witnesses. 3) The Honor Council hearing shall be convened if the following individuals are present: at least six of the nine voting members not including the Investigating Student, and including at least one faculty member and the Chair. Throughout the Proceedings, the Honor Council and the accused shall be permitted to ask questions of all parties involved, including witnesses, and shall be permitted to examine any physical evidence that may be presented. Witnesses will be allowed in the Hearing only when actively presenting testimony or answering questions. 4) The Chair of the Honor Council shall read the charge(s) against the student. The Investigating Committee presents the evidence it has gathered and introduces physical or written evidence and/or witnesses to present their statements. The accused may then offer evidence and/or witnesses to refute the charges. 5) After presentation of the evidence and discussion with the accused, all witnesses, the accused student, and the advisory members of the Council shall leave the room, but remain available for further questioning by the Council. The Honor Council shall then deliberate on each charge of the complaint with the goal of reaching consensus on each charge. 6) The Chair shall conduct the deliberations in such a manner as to strive for consensus among the members of the Council. In the case consensus cannot be reached, a majority of the members present must agree on a ruling for each charge under consideration. Notification of the Decision 1) The Honor Council shall notify the student and the originator of the complaint of the ruling and any penalty assessed at the end of the hearing. 2) A complete record of the Proceedings shall be made in the form of a written transcript, an audio tape, or a videotape. The Office of Vice President for Student Services and Program Support will provide the Honor Council Chair with any requested clerical support and equipment at any time during the process. 3) A summary shall be written by the Chair of the Honor Council within five school days after the notification of the decision. Information included in the summary will be made available for general circulation without the names of the persons involved. The summary shall include but not be limited to the following: charges brought, evidence produced, ruling, and penalty (if guilt is determined). The Proceedings of the Honor Council and its findings shall be regarded as official actions of Thunderbird. All records shall be retained in a confidential manner by the Office of the Vice President for Student Services and Program Support. Right to Appeal In cases where the Honor Council finds against the accused, the accused has the right to file a written appeal of the Honor Council’s ruling with the Vice President for Student Services and Program Support. The basis on which an appeal can be filed are: Clearly erroneous conclusions of fact or law by the Honor Council or the Investigating Committee Procedural error in the conduct of the Honor Council Hearing or the investigation Introduction of new evidence not available at the time of the Hearing Undue harshness of any penalties assessed by the Honor Council 1) The appeal must be filed within five school days after the release of the Honor Council’s written decision. 2) The Honor Council Chair shall provide the Vice President for Student Services and Program Support with case materials including, but not limited to, a copy of the charges, evidence presented during the Hearing, the summary and a transcript or videotape of the Hearing. 3) The Honor Council Chair in cooperation with the Vice President for Student Services and Program Support or their designated representative must submit a response to the accused’s appeal request with the Senior Vice President within seven school days. 4) The accuser may also file a response to the appeal with the Vice President during this period. The Vice President may decide to uphold the Honor Council decision and penalty, remand the case back to the Honor Council for reconsideration, or, in extreme instances, resolve the case unilaterally after consultation with the Honor Council. Unilateral authority can be exercised only if the Vice President believes that the Honor Council cannot provide a fair ruling and this action is limited to appeals based on the Honor Council’s egregious behavior and undue harshness in the penalty assessment. The Vice President must provide a written decision to the Honor Council Chair within seven school days of the appeal request. 5) For cases remanded to the Honor Council, the Chair shall reconvene the Honor Council within seven school days of the Vice President’s decision. The Chair of the Honor Council shall immediately set a time and place for a reconvening of the Council. The Honor Council, accused student, complainant and Honor Council Advisors shall be included in the notification of the reconvening. If the Vice President does not remand the case to the Honor Council, the accused may appeal the Vice President’s decision to the President within seven school days. The Vice President will provide the President with the case materials and a response to the accused’s appeal. The President shall issue a decision within seven school days. The President is the final authority on this matter. A final decision on a student’s graduation petition will not be reached until all appeals are exhausted. Tuition and Academic Credit Implications The tuition refund policy shall follow the Thunderbird refund policy as stated in the School Catalog, Academic Affairs department page, and the Thunderbird Handbook. During a suspension period, any credits earned at another university will not be accepted for transfer credit. Penalties The Honor Council shall determine the appropriate penalty as determined by the relative severity of the offense and any extenuating and mitigating circumstances. Possible penalties include but are not limited to: Community service of varying duration Recommendation for a failing grade for an examination, project or course; Suspension from Thunderbird for the remainder of the current semester; Suspension from Thunderbird; Dismissal from Thunderbird. If there is a ruling of guilt, a note shall be placed in the student's official file to be held until graduation. In cases of dismissal, the note shall remain in the student’s file permanently. Policy for Amendment of the Thunderbird Honor Code The Thunderbird Honor Code is policy which may require amendments in nature or content from time to time. When an amendment is deemed necessary by any member of the Thunderbird Community, the person may submit a written request which includes the proposed change, and the justification for such a change, to the Chair of the Honor Council for consideration and voting by the Honor Council. A two-thirds majority vote is required for all amendments to the Honor Code.