After a student has been found guilty of an honor violation by the Executive Committee, they have the option to either drop out of the university or appeal the verdict to a Student Body Hearing.
A Student Body Hearing, also called an “Open Hearing,” is the final stage of appeal for a student. There, a jury of students hears evidence and delivers a verdict.
If found not guilty, the accused student may remain enrolled. If found guilty, the student is forcibly removed from the university.
“I like that it’s a jury of your own peers,” said Lily Caldwell, ’27, when asked about the Open Hearing process.
The 12-person jury consists of at least seven students in the same school — undergraduate or law — of the accused student.
Open Hearings either occur at the University Chapel or the Millhiser Moot Court Room at the law school, based on the choice of the accused student. There are a limited number of seats at both venues and students are not allowed in once the room is at capacity.
The President of the Student Bar Association typically acts as chair of an Open Hearing and they appoint a Sergeant-at-Arms and Recorder from the student body.
During an Open Hearing, the accused student is represented by up to three Hearing Advisors. They act in a role similar to the defense in a court trial. Three members of the EC act in a role similar to the prosecution. Each side calls witnesses and makes opening statements and closing arguments.
What Comes Before an Open Hearing?
Washington and Lee University’s White Book details the policies and procedures of the Honor System, the code of conduct that governs students. All students are required to sign the White Book during their first year at the university.
The Honor System enforces a culture of trust throughout the university. In many classes, students can take their tests from home. Many students also feel safe leaving their belongings outside, trusting that no one will take what does not belong to them.
While some feel the Honor System is harsh, others say it should be enforced.
“I think if you make an exception for one person, when does it end?” said Gretchen Cadranell, ’26.
An Honor Violation is defined as any breach of the community’s trust by the White Book. This can involve cheating in a course. The White Book details the steps that a student defendant takes from a suspected honor violation to an Open Hearing.
First, an Honor Violation must be reported to the EC. The White Book states that any member of the community who suspects an Honor Violation has taken place should first consult with the suspected student about it. If the community member does not want to consult with the suspected student, or if the suspected student does not provide a satisfactory explanation, then the community member should bring up the violation with the EC.
From there, the EC votes on whether to investigate the suspected violation. If two-thirds of EC officers vote to investigate, the EC president forms an investigative committee. The committee is comprised of one member of the EC — who is not the EC president, and a member of the same school of the accused party, undergraduate or law.
If a member of the EC is unable to vote or recuses themself from the vote, then the EC chooses a student within their class year to fill the quorum. That student then receives training on the Honor System and their role.
The members of the investigative team are not allowed to contact the accused student unless they have the EC president’s approval. Ideally, the student would not know that they are under investigation. However, if the student is made aware of the investigation, then they are appointed a Hearing Advisor.
After the Open Hearing
After both the Hearing Advisors and the EC give their opening statements, the Chair of the Open Hearing delivers instructions to the jury and they enter deliberations. The jury then decides if the accused student is guilty of the charges. If the jury decides the student is guilty, they then decide if the charges constitute a violation of the community’s trust.
Each member of the jury votes on each of the charges that the student is accused of in a secret ballot. If nine of the 12 jurors vote guilty, then the student is found guilty of the charge.
If a student is found not guilty during an Open Hearing, then they are not expelled. The EC will destroy the records of the Open Hearing and the closed EC hearing after five years.
If the jury finds the accused student guilty, then the Registrar will add “Dismissed” to their transcript. The EC will then send out a message to the community, including the student’s name, the fact that they were found guilty during an Open Hearing and their offense. The EC keeps the records of students found guilty permanently.
