Other Hearing Procedures

1. Other Hearing Procedures
   1. Honor-Judicial Hearings: It is traditional for the Vice-President for Student Affairs to assign cases involving both honor violations and judicial violations to the Honor Council for hearings.
      1. If possible, at least one member of the hearing panel should be a Judicial Council member.
      2. The standard of proof of a judicial violation is clear and convincing, which is a lower standard than the reasonable doubt standard required by an Honor violation.
      3. The vote to determine guilt of the accused of a judicial violation is 4/5, or five of the six hearing panel members.
   2. Readmission Hearings: When a student is assigned contingent dismissal as a sanction, he/she must petition for a readmission hearing in order to return to William & Mary.
      1. A panel of consisting six (6) members should sit for a Readmission Hearing. Of those six members, at least three (3) members of the panel members should be from the student’s original hearing panel.  The chair should appoint one member to serve as hearing secretary.
      2. The chair should record and introduction to the tape recording which includes the date, time, and place of the hearing; the petitioner’s name; what violation the petitioner was found guilty of; the Student Counsel’s name; the Investigating Committee Chair’s name; the members sitting and trial secretary, and the chair of the hearing.
      3. The petitioner and Student Counsel should be brought into the hearing room for introduction to the panel.  The chair should remind the petitioner and each witness that they should testify “fully and truthfully.”  The chair should secure acknowledgement and affirmation from the petitioner and each witness.  To lie before the Council is a violation of the Code and to fail to answer direct questions, except under danger of self-incrimination, could result in judicial charges of Failure to Comply.
      4. The original ICC should provide a brief unbiased account of the violation and decision and sanctions of the original panel.
      5. The petitioner may make an opening statement.
      6. Character witnesses, called by the petitioner, should testify as to the petitioner’s character and potential to contribute to the College community.  There should not be more than three character witnesses.
      7. The petitioner should be permitted to make a closing summary and argument.
      8. The chair should instruct the panel that readmission requires a vote of four of the six panel members.  The chair should then declare the hearing closed and the chair, petitioner, and Student Counsel should retire.
      9. The panel should deliberate in private, with no recording being made.
      10. The panel should inform the chair when a decision is made.  The chair should inform the petitioner and Student Counsel of the recommendation immediately.
      11. The hearing secretary should prepare a case file for transmittal to the Dean of Students including: typed notes of testimony and reasoning for the recommendation; copies of letters sent to the witnesses; the original copies of any documentary evidence; the tape of the proceedings; and a letter of transmittal.  A copy of the case file should be kept for the Honor Council office.