|
|
|
VI. Pretrial Procedures
-
The Honor Court
members shall be divided by the president into two groups (A, B), balanced among
the members of the Court, including the Honor Court Faculty members and
excluding the president and vice president.
-
The President of the
Honor Court will preside over all cases, but will not have a vote. The
vice president will assist the president but will not have a vote.
-
One
of the two groups, (A, B) of Honor Court members will be chosen by the president
to hear a trial.
-
Upon receipt of a
letter of accusation, the president shall meet with the vice-president in order
to decide whether the alleged offense, if sustained would constitute a violation
of the Honor Code. If a unanimous decision cannot be made by the officers, the
president shall call a special meeting of the court to decide this question by a
simple majority vote of the quorum. At no time during such a called meeting are
the names of the accused or accuser to
be divulged. Only the nature of the alleged offense relative to the jurisdiction
of the court is to be discussed.
-
Should
it be determined that the alleged offense would constitute a violation of the
Honor Code if substantiated, the officers shall:
-
Select a time, date, and place for the
trial, which shall be within
two weeks of the original receipt of the letter of accusation by the president,
except in the situation in which delaying the trial is necessary to insure all
information pertinent to the case can be gathered.
-
Notify the accused by letter in advance of the hearing of:
- the alleged offense
- witnesses, accusers
- time, date, and place of trial
- his right to select one person, not on Honor Court, to serve
as an advisor if he so desires. (This
advisor may aid the accused in the preparation of a defense, may be present with
the accused at the time of the hearing, but will not be allowed to speak before
the Court.)
- the accused has an option of a prehearing plea of guilty. (In such a
case, the accused should deliver to the President a signed plea of guilty. The president shall notify the case
investigator (VI.c) of the plea. All parties shall then await the hearing for
further disposition by the Court.)
- Appoint a person, not on the Honor Court, to serve as case investigator. This
investigator does not participate on the hearing panel and is never allowed to
vote during the actual hearing; he/she presents an objective account of the
investigation to the members of the Court. Prior to the trial, the investigator
asks the accused to give an account of the events surrounding the alleged
violation and explain that the accused may refuse to make a statement. The
investigator then interviews other persons who might have been a part of or a
witness to the alleged violation and collects all available evidence.
- Notify by letter, the remaining Honor Court members of the date, time, and place
of the hearing only. (No further information is to be made known to the court
members who may hear the case.)
-
The President shall be available to answer any questions which the accused, or
accuser may have about the workings of the honor system.
-
The President should exercise his access to the MCG Legal Advisor whenever
necessary to help maintain proper procedure and interpretation.
-
The President shall make arrangements for separate waiting areas for the accused
and the accuser(s) during the trial.
|