11.18.4. For a Second (or Subsequent) Class I Charge

If the accused has had a previous Class I liability, then he/she is automatically eligible for expulsion if found liable of a second (or subsequent) Class I charge. The procedure was recounted in Sec. 11.16.2.2.1., which should be consulted.

11.18.4.1. If the student is found liable at the “clear and convincing evidence” level of burden of proof, then he/she is automatically expelled. The judicial panel will subsequently vote to establish whether the expulsion carries with it the ability to apply for readmission after one year or not.

11.18.4.2. If the student is not found liable at the “clear and convincing evidence” level but is found liable at the “preponderance of the evidence” level of burden of proof, then the accused is not automatically expelled. Instead, the judicial panel will devise a sanction from among those recommended for first Class I liabilities. However, the council is free to devise a sanction more severe than would ordinarily be given for a similar liability deriving from a first Class I liability. The student is informed that he/she could have been expelled but was not. However, part of that outcome is contingent upon the student satisfactorily completing the Academic and Intellectual Traditions course within a specified period of time. If the student fails to complete the course within the mandated timeframe or if he/she performs unsatisfactorily in the course, then the student will be retroactively expelled. The judicial panel will reconvene to establish whether the expulsion carries with it the ability to apply for readmission after a period of one year or not.