Section V: Rights and Duties

V. Rights and Duties[FN22]

A. Rights and Duties of the Respondent

1. Right to Freedom from Harassment and Retaliation. The right to be free from harassment, intimidation, and coercion, including attempts to change testimony. Any violations of this right may be considered a serious violation of the Student Code of Conduct.

2. Right to Notice.

a. The right to preliminary written notice of the nature of the allegations received from the Reporting Party as soon as practical and not less than one week in advance of a hearing.[FN23]
b. The right to subsequent written notice of the formal charges and of the date, time and location of any hearing no fewer than 72 hours in advance of the hearing. The panel may not find the student responsible for charges other than those reasonably embraced within the original charges.
c. If a student, after being properly notified of the date, time, and location of the hearing, does not appear, the Council may proceed with the hearing in the absence of the student.

3. Right to Know the Evidence to be Presented. The Respondent will have the opportunity to inspect, review and request copies of all evidence to be considered by the hearing panel at least 72 hours prior to the hearing. The Respondent may be required to sign an agreement that he/she will not make copies of or disseminate the work product of an instructor or other materials containing information about other students that are protected under the Family Educational Rights and Privacy Act and must return the materials immediately after the hearing. The student will be instructed that failure to abide by the agreement may be considered a serious violation of the Student Code of Conduct.

4. Right to Assistance.

a. The right to have another willing currently-enrolled William & Mary student serve as a student advisor.[FN24]  The Respondent should be informed of this right immediately after the initial discussion with the Reporting Party. The advisor may assist the Respondent at any point in the process, but the scheduling of matters may not be constrained due solely to the inability of the advisor to be present (another advisor may be obtained in the event that the student’s original advisor is unavailable).
b. The right to the presence of a silent supporter (who may be legal counsel) and one immediate family member to attend the hearing. Neither the silent supporter nor the family member may participate in the hearing in any manner.
c. The right to the assistance of a designated Procedural Advisor, a member of the Honor Council who may explain and answer questions about the process but may not offer advice or strategy.

5. Right to Confidentiality. The Respondent has the right to 5. Right to Confidentiality. The Respondent has the right to confidentiality regarding all matters related to the alleged violations.[FN25] Violations of that right may be considered an infraction of the Code of Conduct.

6. Right to Receive Notification. The right to be notified of the outcome of the hearing following post-hearing review by the Office of the Dean of Students and prior to the commencement of the appeal period.

7. Right to Continue Course Attendance and Participation. The Respondent will continue to enjoy the right to attend courses, including the course in which the alleged violation occurred, until a finding of responsibility is found and the appeal process is completed. However, no degree or academic credit will be awarded until the process is completed. Students who have been suspended are not allowed to participate in College activities during the appeal period without the permission of the Vice President for Student Affairs.

8. Rights within the Hearing.

a. The right to the presumption of innocence until the panel has found the student in violation by evidence beyond a reasonable doubt.
b. The right to a separate hearing on each charge if multiple and unrelated charges have been filed.
c. The right to request a separate hearing if two or more students are charged with the same offense.[FN26]
d. The right to present evidence relevant to the charges and, if necessary, possible sanctions and to request the presence of necessary witnesses. The Dean of Students may assist in procuring the presence of student witnesses upon request.[FN27] The number of witnesses may be limited by the Presiding Chair if the Chair finds the proposed testimony will duplicate that of the other witnesses or the proposed testimony is immaterial. The Respondent may submit written statements from witnesses in lieu of personal appearances.
e. The right to ask relevant question of all witnesses.
f. The right to a closed hearing and the right to request an open hearing.

9. Right to be Free from Conflict of Interest.

a. The right to have the Reporting Party or witnesses barred from participating in the matter in any other capacity.[FN28]
b. The right to request that a Council member be removed from his/her case on the grounds of possible bias or conflict of interest. The Respondent must provide reason as to why the Council member in question is unable to hear the case fairly, and the decision whether to grant the request is left to the Council’s Chair, who, where such a request is rejected, will provide a written explanation.

10.Right to Prepare for Appeal. The right to review the documentary evidence and recording in preparation for appeal. The review must occur in the presence of at least one Honor Council member or member of the Dean of Students staff.

11. Right to Waive any Rights. The Respondent has the right to sign a knowing and voluntary waiver of any of the rights accorded in the Honor Code.

12. Duty to Cooperate. The Respondent will reasonably cooperate with the investigation and, if necessary, hearing. This duty includes answering questions fully and honestly and presenting requested information; however, the Respondent has the right not to answer questions if he/she is facing charges in criminal court for the same or similar behavior.[FN29] Lying in the course of an investigation or hearing may be considered a separate violation of the Honor Code. This duty also includes complying promptly with requests for meetings or information.

B. Rights and Duties of the Reporting Party

1. Right to Freedom from Harassment and Retaliation. The right to be free from harassment, intimidation, and coercion, including attempts to change testimony. Any violations of this right may be considered a serious violation of the Student Code of Conduct.

2. Duty to Preserve Confidentiality. The Reporting Party will keep all matters regarding the honor case confidential except from those who have a legitimate educational interest in the information under the Family Educational Rights and Privacy Act.[FN30]

3. Right to Know the Outcome of the Case. Faculty reporters will have the right to know the outcome of the case, both following the hearing, and if applicable, the appeals process. This right does not extend to all case materials. Due to the protections afforded student records, this provision does not extend to those who do not have a legitimate educational interest in receiving the information.

4. Right to Know Grounds for Dismissal of Case. Faculty reporters will have the right to know the basis for dismissal of a particular case, regardless of the stage at which the case is dismissed, if such knowledge serves a legitimate educational purpose.

5. Right to Request Student not Participate in End of Semester Evaluations. A faculty member who reports a student for a potential violation of the Honor Code will have the right to request that the student be excluded from conducting a formal end of semester evaluation.

6. Duty to Cooperate. The Reporting Party will cooperate reasonably with the investigation and, if necessary, hearing. This duty includes answering questions fully and honestly and presenting requested information and complying promptly with requests for meetings or information.

C. Rights and Duties of Witnesses

1. Right to Freedom from Harassment and Retaliation. The right to be free from harassment, intimidation, and coercion, including attempts to change testimony. Any violation of this right may be considered a serious violation of the Student Code of Conduct.

2. Duty to Preserve Confidentiality.
Witnesses will keep all matters regarding the honor case confidential.

3. Duty to Cooperate.
Student witnesses will reasonably cooperate with the investigation and, if necessary, hearing. This duty includes answering questions fully and honestly and presenting requested information; however, the witness has the right not to answer questions if he/she is facing charges in criminal court for the same or similar behavior.31 Lying in the course of an investigation or hearing may be considered a separate violation of the Honor Code. This duty also includes complying promptly with requests for meetings or information.

D. Rights and Duties of the College and the Council

1. The College has the right to have its own counsel present when a student chooses to have legal counsel present.

2. Members of the Council will have the right to be free from harassment and retaliation specified in Sec. V.B.1. above.

3. The College and the Council have the duty to treat all parties fairly and with respect.

4. Pending final disposition of a case, the College has the right to withhold the awarding of academic credit for any courses taken during the term in which the alleged violation occurred and/or to withhold the awarding of an academic degree.

E. Students with Disabilities. The College is committed to providing reasonable accommodations for students with documented disabilities. Such accommodations may include, but are not limited to, administrative assistance, additional time, and/or an alternative to the formal hearing process. Students with disabilities who need reasonable modifications to address a suspected violation of the Honor Code are encouraged to meet with the Director of Disability Services/designee as early in the process as possible to identify and plan specific accommodations. Students will be asked to provide medical documentation. The Director of Disability Services/designee will inform the Council of appropriate accommodation(s).

[FN22] The list of rights and duties is provided as an addition to other enumerated rights outlined in the Honor Code.
[FN23] Written notice includes notice by letter delivered to the student’s residence and/or email delivered to the student’s official William & Mary email account.

[FN24] The student advisor for undergraduate students must be undergraduate students; graduate and professional students may consult an undergraduate student advisor.
[FN25] All parties will keep matters confidential except from those who have a legitimate educational interest in the information under the Family Educational Rights and Privacy Act. Examples include the instructor of the course in question or members of the Dean of Students staff who serve as advisors to the Council.
[FN26] A request for a separate hearing may be denied by the Chair in cases where the student is unable to distinguish his or her case from the others charged or in extraordinary circumstances, such as if a matter involves a large number of charged students and separate hearings would be impractical. If the Chair denies the student’s request, the Chair must provide the student with a written explanation of the basis for the denial.
[FN27] If a witness fails to appear, the Presiding Chair will determine whether the hearing should proceed in the witness’s absence, and the Respondent may appeal the Chair’s decision through the Appeals process.
[FN28] For example, when either the Dean of Students or the Director of Student Conduct is the Reporting Party, he/she would not also conduct the post-hearing review or provide advice to the panel or Presiding Chair.
[FN29] The Respondent should make the Chair aware of any reasonably foreseeable criminal charges during the investigation phase, and the Chair may deem an assertion of this right improper if the party was aware of pending charges and failed to make the Chair aware until the hearing. One cannot assert the right not to answer questions solely in order to protect another.
[FN30] Examples include faculty supervisors and members of the Dean of Students staff.