VII. Trial Procedures

1. Hearings shall be closed and all hearing proceedings shall be confidential. Deliberations of the court on findings or sentence shall be closed to all persons except members of the court. The hearing shall be closed to all persons except:

1. members of the Honor Court

2. the accused with advisor, if asked by the accused

3. witnesses and accusers, while testifying

4. other persons may be admitted by agreement of the accused person and the Honor Court President.

2. All hearing proceedings, except deliberations of the court on findings and sentence, shall be recorded on tape. This tape recording shall serve as the official record of the hearing and shall be filed with the office of the Dean, along with a brief written summary of evidence, findings, and sentence. Should the accused desire to appeal a verdict or sentence, a copy of the tape recording of the hearing will be made available to him. In the event of a finding of "not guilty", the following statement shall be filed with the office of the Dean:

"The Honor Court of the School of Medicine met at (time) on (date) to hear evidence in the case of (person) who was accused of violating the Honor Code. After considering all available evidence, the Court found the accused not guilty."

This statement shall be signed by the president and vice president of the Honor Court.

3. The accused should be present during all proceedings except deliberations of the Court findings and sentence. However, any part or all of the hearing may be conducted in the absence of the accused if:

1. the accused voluntarily fails to appear for or absents himself from the hearing.

2. the accused willfully obstructs the progress of the hearing to such a degree that the Court decides it is necessary to bar him from the hearing.

4. The accused shall be permitted to examine all evidence in the case. No evidence or testimony may be considered by the court unless such evidence or testimony has been presented in the presence of the accused or in accordance with sub paragraph 3a or 3b above.

5. Hearing proceedings shall be conducted by the President of the Honor Court under the guidelines listed below:

1. The court shall be called to order by the President. The Vice-President shall call the roll. A quorum of 2/3 of the appointed court groups (either A or B) shall be required before the hearing can proceed.

2. The president shall read the original letter of accusation to the court.

3. The president shall ask the accused how he pleads. In the case of a "guilty" plea, the court shall proceed with 5f, g and h below.

4. The case investigator shall be asked to present all witnesses and information gathered pertaining to the case. Following this presentation, questions will be allowed from the President, Court members, and accused. All questions relating to procedure shall be decided by the president.

5. The accused shall then be asked to present any evidence and/or witnesses pertinent to the defense. Questioning shall follow a format similar to (d.) above.

6. All persons except the Honor Court members shall be asked to leave the hearing room.

7. The Court shall then deliberate only the facts presented.

1. The court shall first deliberate whether the accused is "guilty" or "not guilty" and shall take a vote on the same.

2. If a verdict of  "guilty" is made, the Court shall deliberate on the penalty, followed by a vote on the same.

3. A 2/3 majority of present members shall be required for a guilty verdict and for the subsequent penalty

8. The accused or any witness may be recalled by the Court before the verdict is reached. At that point, the hearing must be reconvened.

9. Following its vote, the Court shall recall the accused for the purpose of notifying him of the verdict. If a "guilty" verdict has been reached, the accused shall be told the Court's recommendation for penalty and shall be advised the Court's decision may be appealed within five working days of the trial. The actual date of the appeal will be set at the discretion of the Dean of the Medical School. The accused shall be advised that regardless of the final verdict, all Honor Court proceedings are to be kept in the strictest of confidence.

Medical College of Georgia
Please email comments, suggestions or questions to:
Michael P. Wheeler II, MA, mwheeler@mcg.edu.