Executive Committee of the Student Body

May 1, 2009 (Updated)

Summary of Executive Committee Honor Activity for the 2008-2009 Academic Year:

Investigations: 17

Withdrawal in the face of a Closed Hearing: 1

Closed Hearings: 10

Guilty Verdicts in a Closed Hearing: 3

Not Guilty verdicts in a Closed Hearing: 7

Student Body Hearing: 0

Minutes from the May 5-6, 2009 Executive Committee Meeting
(Clarke excused)

1. President Eric Hoffman called the meeting to order at 7:00pm.
2. The EC unanimously voted to recognize the Washington and Lee Parliamentary Debate Team as an official student organization.
3. Hoffman informed the EC of its upcoming lunch with President Ruscio on Tuesday, May 12th.
4. Hoffman presented the EC with Dean Watkins' invitation for dinner. The EC plans to meet with Dean Watkins on May 11th.
5. Vice President Scott Centorino reminded the EC that budget allocation interviews will start at 3:30 on Wednesday, May 6th.
6. Hoffman reminded the EC that interviews for Fancy Dress, General Activities Board, University Lectures Committee, and the Faculty Executive Committee Physical Education Sub-committee will take place on Tuesday, May 12th.
7. Secretary Bill Larson and Class of 2010 Representative Edward Yeilding presented the EC with a revised draft of a Sexual Assault Statement and potential action items. The EC revised the statement. The EC unanimously voted to pass the statement and action items (see attachment).
8. Hoffman reminded the EC of their upcoming Panel on the Honor System with the DC Alumni Chapter on May 19th in Washington, D.C.
9. Hoffman discussed having the EC look into Traveller and the rationale behind its 5-mile radius service limit. Representatives Tom Bowden '11, Edward Yeilding '10, and Scott McClintock '12 formed a special taskforce to gather information regarding the issue.
10. Centorino and Larson presented the EC with a proposed policy requiring the Secretary to record all official non-honor votes in the meeting minutes (see attached). The EC passed the proposal unanimously.
11. Hoffman reminded the EC that it needs to select the recipients for the Frank J. Gilliam Award and the Dr. William W. Pusey Award. Members of the Student Body may nominate individuals for the Gilliam and the EC will select the recipients on May 12th. Please see Campus Notices for more information.
12. Hoffman adjourned the meeting into closed session at 8:52pm.
13. Hoffman reopened the meeting at 12:00am.
14. The EC voted on Amendments from the White Book Review Committee. A list of Amendments and the votes are attached.
15. Hoffman adjourned the meeting at 12:03am.

Executive Committee Statement on Sexual Violence:

The Executive Committee of the Student Body condemns sexual violence at Washington and Lee and states that sexual violence, including sexual assault and rape, is not just a private matter; sexual violence undermines our community as a whole. Such behavior endangers the trust that each of us owes to one another. Sexual violence is unacceptable in society and is especially discordant with Washington and Lee's culture of honor and civility.
The Executive Committee retains jurisdiction over all activities that the Student Body deems dishonorable. In recognition of the sensitive nature of sexual violence cases and upon the request of the Executive Committee, the Board of Trustees created the Student Faculty Hearing Board (SFHB) in 1992 as a specially trained forum with specifically designed procedures to adjudicate such matters. Consequently, the Executive Committee may choose either to hear cases brought to it involving allegations of sexual violence or to refer those cases to the SFHB. As a punishment for sexual violence cases, the SFHB has the power to impose dismissal from the University; upon a finding of forced sexual intercourse dismissal is the only sanction. The Executive Committee is committed to upholding our community of mutual trust, and every act of sexual violence deserves condemnation. Sexual violence is inconsistent with the ideals of our University and undermines the concept of honor.
Action Items:
• Post Statement on EC Bulletin Boards to remain for the term of the 2009-2010 EC.
• Post the Statement under a separate tab on our website and include a list of resources on campus regarding sexual violence.
• Issue a press release to campus publications announcing the statement.
• Provide a copy of the statement to each first year student during orientation week.

2009-2010 EC Policy:

The Executive Committee Secretary shall record and publicly post the official votes of individual members for non-honor matters, including proposed amendments to the White Book. If the vote is unanimous, the minutes will state the vote was unanimous.

White Book Review Committee: Proposed White Book Amendments and Commentary

Approved amends must be approved on a second vote to take effect.

1. In the second paragraph on page 2, begin with "Students enjoy unparalleled academic and social freedom, and a student's word is accepted and respected both on campus and in the community." . . ."and most university buildings remain open twenty-four hours per day."
Vote: Approved 11-0
2. In the fourth paragraph on page 2, change the second to last sentence to read: "Rather, the System is, [ DELETE in essence], one of mutual trust--trust among students, faculty, administrators, and the townspeople that students will conduct themselves honorably at all times, whether in the community or on campus."
Vote: Approved 11-0
3. In page 3, paragraph 1 of Summary of Enforcement Procedures at the bottom, replace final two sentences with "The Executive Committee may, at its discretion, refer violations of University policy or of any other regulation to the appropriate committees, but the Executive Committee retains jurisdiction over all questions of honor."
Vote: Approved 11-0
4. On page 3, under The Pledge, replace "The recommended form of the pledge is" with "The written pledge is."
Vote: Approved 10-1 (Disapprove: McClintock)
5. On page 4, under Confidentiality and Harassment, paragraph 2, change "any student" to "anyone;" strike "for breaking this confidentiality;" and strike "student" from "any student witness," so that it reads "any witness."
Vote: Approved 11-0
6. Page 7, Section A4, second sentence changed to read "Otherwise, the accused may choose any two consenting members of the student body to serve as representatives."
Vote: Approved 11-0
7. Section A2, page 6, add "and cannot serve as witnesses."
Vote: Approved 11-0
8. Section B2, page 7, strike Executive Committee and leave as "hearing" at the end of the sentence
Vote: Approved 11-0
9. Section C1, page 7, add new words so that it will read "If the accused is among two or more students accused of a joint Honor Violation, the Executive Committee shall have the right, after consultation with the advocates for the accused, to determine whether to hold joint or separate hearings and shall inform the accused students of its decision within twenty-four hours of the Charging."
Vote: Disapproved 3-7-1. (Approve: Clarke, Toner, Wilson; Disapprove: Hoffman, Centorino, Larson, Hopkins, Yeilding, Bowden, McClintock; Abstention; Branstetter)
10. C1, page 7: Strike the "1"
Vote: Approved 11-0
11. C, page 7: Strike the "Separate" in heading
Vote: Approved 11-0
12. Section D, page 7: Add new words at end so that section reads "If the accused testifies, refusal to answer questions may be held against the accused. Refusal to testify may also be held against the accused."
Vote: Approved 11-0
13. Add a new Section A4, to section A page 7 and renumber the rest: "The accused shall be provided two advocates immediately after the Charging to be available to serve as representatives."
Vote: Disapproved 3-8 (Approved: Clarke, Toner, Branstetter; Disapproved: Hoffman, Centorino, Larson, Hopkins, Yeilding, Bowden, Wilson, McClintock)
14. Add a new section E, page 8, renumbering E to F: "The accused shall be provided two advocates immediately after the Charging to be available to serve as representatives."
Vote: Approved 11-0
15. Page 4, quorum for honor matters, add a new third sentence to read "For the remainder of the hearing, appointees shall be considered members of the Executive Committee."
Vote: Approved 11-0
16. Page 9, re-letter Sections so that letter E is new letter B, re-number rest of sections
Vote: Approved 11-0
17. Page 9, re-lettered Section B: "The Executive Committee may go into Executive Session at any time at the President's discretion. 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 hearing."
Vote: Approved 11-0
18. New section D, page 9 (re-letter other sections): "The accused and advocates of the accused shall be permitted to remain present during all proceedings of the Executive Committee Hearing."
Vote: Approved 11-0
19. Switch sections F + G, pages 9 and 10 (would be re-lettered by proposed amendments)
Vote: Approved 11-0
20. In what would be Section D under amendments (current section B), capitalize Executive Session
Vote: Approved 11-0
21. Eliminate "or not" in old section G on pages 9/10.
Vote: Approved 11-0
22. Move current section H to a new section C. (pages 9 and 10)
Vote: Approved 11-0
23. Place a space between sections I and J, page 10
Vote: Approved 11-0
24. Section I, page 10, add: "If the hearing is postponed, the President shall remind all parties of their obligations under the Confidentiality and Harassment Section on page 4."
Vote: Approved 11-0
25. Section M2, page 11: new sentence to read: "If the accused does not consent, the Executive Committee shall decide whether to proceed without the evidence or to grant the accused a minimum of 48 hours (excluding weekends and legal holidays) between notice of the evidence and the hearing.
Vote: Approved 11-0
26. Section M4, page 11: Strike "shall inform the witnesses of the witnesses' status and..."
Vote: Approved 11-0
27. Section M6, page 11: "The Executive Committee and the accused or advocates of the accused may present evidence and question all witnesses." (strike "with information pertinent to the case.")
Vote: Approved 11-0
28. In Section P3, page 12, strike everything following "Student Body Hearing."
Vote: Approved 11-0
29. Place a space between D and E on page 14
Vote: Approved 11-0
30. Section C, page 14: Change current language to read: "The Chair shall appoint the Sergeants-at-Arms from the student body.
Vote: Approved 11-0
31. Switch K and L, page 14
Vote: Approved 11-0
32. Section E, page 16: Strike "also."
Vote: Approved 11-0
33. Page 2, paragraph 5, "lying cheating stealing" language changed to: "Dishonorable conduct cannot be codified. Although lying, cheating and stealing have historically been found to be examples of breaches of the Honor System, any breach of trust is a possible violation."
Vote: Approved 11-0
34. Replace "charges" with "allegations" on page 5, IV.
Rationale: At this point, the prospective charges are only allegations--they only become charges once the EC has voted to go to a closed hearing
Vote: Approved 11-0
Amendments Proposed by the EC:

1. In Section I, page 10, replace "date" with "appropriate time."
Vote: Approved 11-0
2. Section B2, page 12: Add "upon the accused's written request" to the end of the sentence.
Vote Approved 11-0
3. Move Section G before Section C on page 16 and reletter accordingly.
Vote Approved 11-0
4. Add a space between "Student Body Hearing." and "A majority" in current Section G on page 16.
Vote Approved 11-0

A member of the Student Body has withdrawn after the Executive Committee found him/her guilty of an Honor Violation in a Closed Hearing. The Executive Committee determined in the closed hearing that the student violated the community's trust by misrepresenting him/herself to a resident adviser and by writing the name of another student when instructed to write his/her own name for identification after violating University housing policy.

In the student's defense, he/she said that he/she did not intend to lie and was intoxicated. However, the Executive Committee determined through credible evidence and deliberation that the student violated the community's trust by misrepresenting him/herself to a resident adviser.

Minutes from the May 12-13, 2009 Executive Committee Meeting
(Absence Excused: Clarke, Wilson; Tardiness Excused: Hopkins; Tardy: Bowden)

1. President Eric Hoffman called the meeting to order at 7:00pm.
2. Voting Regulations Board Co-chair Mason Tillett spoke to the EC about ideas to improve the VRB. Topics discussed include Candidate Forums, a VRB Website, publication of election vote totals, revisions to VRB regulations, and electronic voting.
3. Hoffman adjourned the meeting into closed session for appointment interviews at 8:03pm.
4. Hoffman reopened the meeting at 9:00pm.
5. The EC formed the Dormstorm Taskforce of Vice President Scott Centorino, Representative Tom Bowden '11, and Representative Austin Branstetter '12 to look into the future of on campus housing.
6. Hoffman informed the EC that the University Board of Appeals will go to a randomization system for selecting students to panels (within their respective schools: undergraduate and law).
7. The EC met with current members of the UBA.
8. Hoffman adjourned the meeting into closed session at 9:15pm.
9. Hoffman reopened the meeting at 10:01pm.
10. Hoffman reminded the EC of their upcoming Panel on the Honor System with the DC Alumni Chapter on May 19th in Washington, D.C. The EC business meeting next week will take place on Monday, May 18th at 7pm due to the Panel on Tuesday.
11. The EC decided to replace the current pledge card system for first year student orientation with a bounded ledger that all first year students will sign. Secretary Bill Larson will take the lead on finding an appropriate ledger.
12. The EC selected the Gilliam Award recipient.
13. The EC selected the Pusey Award recipients.
14. Hoffman adjourned the meeting into closed session at 11:23pm.
15. Hoffman reopened the meeting at 12:24am.
16. The EC voted on Amendments from the White Book Review Committee. A list of Amendments and the votes are attached.
17. The EC voted on Amendments submitted by Anthony Ives and Regina Mills. The amendments did not pass. The votes are attached.
18. Hoffman adjourned the meeting at 12:30am.

White Book Amendments

Passed on a Second Vote
1. In the second paragraph on page 2, begin with "Students enjoy unparalleled academic and social freedom, and a student's word is accepted and respected both on campus and in the community." . . ."and most university buildings remain open twenty-four hours per day."
Vote: Approved 10-0
2. In the fourth paragraph on page 2, change the second to last sentence to read: "Rather, the System is, [ DELETE in essence], one of mutual trust--trust among students, faculty, administrators, and the townspeople that students will conduct themselves honorably at all times, whether in the community or on campus."
Vote: Approved 10-0
3. In page 3, paragraph 1 of Summary of Enforcement Procedures at the bottom, replace final two sentences with "The Executive Committee may, at its discretion, refer violations of University policy or of any other regulation to the appropriate committees, but the Executive Committee retains jurisdiction over all questions of honor."
Vote: Approved 10-0
4. On page 3, under The Pledge, replace "The recommended form of the pledge is" with "The written pledge is."
Vote: Approved 8-2 (Disapprove: Hopkins, McClintock)
5. On page 4, under Confidentiality and Harassment, paragraph 2, change "any student" to "anyone;" strike "for breaking this confidentiality;" and strike "student" from "any student witness," so that it reads "any witness."
Vote: Approved 10-0
6. Page 7, Section A4, second sentence changed to read "Otherwise, the accused may choose any two consenting members of the student body to serve as representatives."
Vote: Approved 10-0
7. Section A2, page 6, add "and cannot serve as witnesses."
Vote: Approved 10-0
8. Section B2, page 7, strike Executive Committee and leave as "hearing" at the end of the sentence
Vote: Approved 10-0
9. C1, page 7: Strike the "1"
Vote: Approved 10-0
10. C, page 7: Strike the "Separate" in heading
Vote: Approved 10-0
11. Section D, page 7: Add new words at end so that section reads "If the accused testifies, refusal to answer questions may be held against the accused. Refusal to testify may also be held against the accused."
Vote: Approved 10-0
12. Add a new section E, page 8, renumbering E to F: "The accused shall be provided two advocates immediately after the Charging to be available to serve as representatives."
Vote: Approved 10-0
13. Page 4, quorum for honor matters, add a new third sentence to read "For the remainder of the hearing, appointees shall be considered members of the Executive Committee."
Vote: Approved 10-0
14. Page 9, re-letter Sections so that letter E is new letter B, re-number rest of sections
Vote: Approved 10-0
15. Page 9, re-lettered Section B: "The Executive Committee may go into Executive Session at any time at the President's discretion. 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 hearing."
Vote: Approved 10-0
16. New section D, page 9 (re-letter other sections): "The accused and advocates of the accused shall be permitted to remain present during all proceedings of the Executive Committee Hearing."
Vote: Approved 10-0
17. Switch sections F + G, pages 9 and 10 (would be re-lettered by proposed amendments)
Vote: Approved 10-0
18. In what would be Section D under amendments (current section B), capitalize Executive Session
Vote: Approved 10-0
19. Eliminate "or not" in old section G on pages 9/10.
Vote: Approved 10-0
20. Move current section H to a new section C. (pages 9 and 10)
Vote: Approved 10-0
21. Place a space between sections I and J, page 10
Vote: Approved 10-0
22. Section I, page 10, add: "If the hearing is postponed, the President shall remind all parties of their obligations under the Confidentiality and Harassment Section on page 4."
Vote: Approved 10-0
23. Section M2, page 11: new sentence to read: "If the accused does not consent, the Executive Committee shall decide whether to proceed without the evidence or to grant the accused a minimum of 48 hours (excluding weekends and legal holidays) between notice of the evidence and the hearing.
Vote: Approved 10-0
24. Section M4, page 11: Strike "shall inform the witnesses of the witnesses' status and..."
Vote: Approved 10-0
25. Section M6, page 11: "The Executive Committee and the accused or advocates of the accused may present evidence and question all witnesses." (strike "with information pertinent to the case.")
Vote: Approved 10-0
26. In Section P3, page 12, strike everything following "Student Body Hearing."
Vote: Approved 10-0
27. Place a space between D and E on page 14
Vote: Approved 10-0
28. Section C, page 14: Change current language to read: "The Chair shall appoint the Sergeants-at-Arms from the student body.
Vote: Approved 10-0
29. Switch K and L, page 14
Vote: Approved 10-0
30. Section E, page 16: Strike "also."
Vote: Approved 10-0
31. Page 2, paragraph 5, "lying cheating stealing" language changed to: "Dishonorable conduct cannot be codified. Although lying, cheating and stealing have historically been found to be examples of breaches of the Honor System, any breach of trust is a possible violation."
Vote: Approved 10-0
32. Replace "charges" with "allegations" on page 5, IV.
Rationale: At this point, the prospective charges are only allegations--they only become charges once the EC has voted to go to a closed hearing
Vote: Approved 10-0

Amendments Proposed by the EC:

1. In Section I, page 10, replace "date" with "appropriate time."
Vote: Approved 10-0
2. Section B2, page 12: Add "upon the accused's written request" to the end of the sentence.
Vote Approved 10-0
3. Move Section G before Section C on page 16 and reletter accordingly.
Vote Approved 10-0
4. Add a space between "Student Body Hearing." and "A majority" in current Section G on page 16.
Vote Approved 10-0

Mills and Ives Amendments

Amendment A -

Strike out the following language in the Philosophy section of the Introduction:
"The Honor System condemns only acts that the current student generation views as breaches of the community's trust, and although dishonorable conduct cannot be codified, lying, cheating and stealing have historically been found to be examples of breaches of the Honor System."

Replace with:
"The Honor System condemns acts that the current student generation views as breaches of the community's trust and cannot be codified. Although the system has historically given examples of dishonorable acts this has given rise to the impression that those examples represented an exhaustive list of dishonorable conduct. This is not the case. In fact, any breach of the community's trust represents an Honor Violation."

Vote: Disapproved 0-10

Amendment B -

Add the following line at the conclusion of the first paragraph of the Confidentiality and Harassment section of Enforcement Procedure:

"Any Executive Committee member who is removed from office shall not be eligible to run for any Executive Committee position in the first election subsequent to his or her removal."

Vote: Disapproved 1-9 (Approved: Larson)

Amendment C -

Replace:
"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 fifty 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."

With:
"The Executive Committee shall vote on 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 one-hundred current students, or the White Book Review Committee. The vote must occur within two (2) weeks of its proposal, excluding weeks in which the school is out of session. 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."

Vote: Disapproved 0-10

Minutes from the May 18, 2009 Executive Committee Meeting

(Absence Excused: Clarke, Wilson, Toner, Hopkins; Tardiness Excused: McClintock, Branstetter; Tardy: Yeilding)

1. President Eric Hoffman called the meeting to order at 7:00pm.
2. The EC discussed plans for the EC in DC event with the DC Alumni Chapter on May 19th.
3. EC discussed current procedure on the University Board of Appeals and will continue gathering information regarding ways the UBA can improve its procedures.
4. The EC discussed sending a letter about the Honor System and an updated White Book to students over the summer.
5. Secretary Larson discussed the plan for obtaining a ledger to be used in place of the current pledge card system for First Year students and hopes to have options for the EC by the end of June.
6. Larson met with the Provost's office to find out which faculty members expressed an interest in serving on the SFHB. The EC will make recommendations to the Provost soon.
7. Vice-President Centorino announced that the Dormstorm Taskforce will commence work in the fall.
8. Hoffman adjourned the meeting into closed session at 7:37pm.
9. Hoffman reopened the meeting at 8:05pm.
10. Hoffman adjourned the meeting at 8:05pm.

A member of the Student Body has withdrawn after the Executive Committee found him/her guilty of an Honor Violation in a closed hearing. The Executive Committee determined in the closed hearing that the student violated the community's trust by plagiarizing his/her English paper. The student used a scholar's words without quotation marks or attribution, paraphrased without giving proper attribution, and the student's argument closely mirrored the uncited work for multiple pages of the paper.

In the student's defense, he/she said that he/she was sick, busy with school work, used many sources and did not intend to plagiarize the paper. However, the Executive Committee determined through credible evidence and deliberation that the student violated the community's trust by plagiarizing his/her paper.