Articles X -XII: The Rights and Duties of the Accused, the Accuser and the Witness
| Article X: The Rights and Duties of the Accused |
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The accused shall have the following rights: |
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The charge(s) against a student shall be rendered in writing. If the accused feels that the charge(s) is/are vague, a more precise statement may be requested. |
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A written statement of the rights and duties of the accused with respect to the trial and the procedure thereof shall be given at the time of the notice of the charges is/are served. |
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c. |
The accused has the right to be represented an advisor who may come from within the College. |
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The advisor shall: |
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Explain the rights and duties to the accused. |
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The advisor shall have no right to present or to argue the case of the accused before the Honor Council as the accused must present his/her case. The advisor may counsel the accused during a hearing and/or trial. |
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Not disclose to anyone any matter relevant to the case unless expressly requested to do so by the accused. |
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The accused may summon witnesses, but the number of character witnesses, if any, may be reasonably limited by the Honor Council. |
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The accused may confront adverse witnesses and question them. |
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The accused’s husband or wife, mother, father, brother or sister of full blood or half blood or by legal adoption shall not testify against the accused. |
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The accused may request the Honor Council Appeals Committee to review a finding of guilty and the sanction according to the guidelines for the Appeals procedure. The request should be made in writing to the Advisor of the Honor Council. |
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The accused may request to be tried separately if two or more are accused of a joint violation. |
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In the event of acquittal, the name of the accused shall be deleted from all of the minutes within the expiration of two (2) weeks from the time of acquittal. |
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The accused may request that any member of the Honor Council be excused from the trial whenever the accused can justify a plea of bias on the part of the member. |
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The accused has the right to remain silent, and such silence shall not be construed as an admission of guilt. |
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The accused has the right to be assumed innocent until proven guilty. |
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The accused shall have the following duties: |
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Cooperate reasonably with the Honor Council in conducting hearing and bringing it to a close without delay. |
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If the accused chooses to waive their right to remain silent, then all relevant questions should be answered frankly, fully, and honestly. |
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| Article XI: Rights and Duties of the Accuser |
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The accuser shall have the following rights: |
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A right and duty to testify fully and honestly. |
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A right to seek protection from threat, harassment or damage to self or property resulting from participation in the hearing. |
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The accuser shall have the duty to preserve the confidentiality of all matters relating to the alleged violation. |
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| Article XII: Rights and Duties of the Witness |
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A witness has a right to seek protection from threat, harassment or damage to self or property resulting from the participation in a hearing. |
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Duties of a witness: |
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A witness has a duty to cooperate in the investigation and to appear before the Honor Council and answer all questions fully and truthfully, except when the answers to any questions would tend, directly or indirectly, to incriminate the witness and the witness asserts his/her rights under the Fifth Amendment to the U.S. Constitution. Lying during the investigation, hearing or trial is a violation of the Honor Code. |
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b. |
A witness has a duty to maintain the confidentiality of the investigation and the hearing. |
