Procession of Formal Hearing:

A. Quorum -- A quorum of the honor council is two-thirds of the voting members. A quorum is required in order to begin a hearing. In Formal Hearings involving students enrolled in joint degree programs, a quorum requires at least one-third representation from each college involved. Honor council members must be present for the entire hearing in order to vote. An honor council member may disqualify himself or herself from hearing a case if he or she feels that circumstances exist that prevent his or her objectivity. In addition, the honor council, by a simple majority vote, may disqualify a member for other grounds (e.g., relation by blood or marriage to the accused). In order to make quorum, the University Honor Council President may select from other college Honor Councils. However, a simple majority of the Honor Council members must be from the college of the accused.

B. Records -- An official record is kept of all proceedings of honor council hearings. Upon completion of any hearing, all recorded or transcribed records are delivered to the dean's office of that college for confidentiality and safekeeping.

C. President's Responsibilities -- The president presides over the hearing, rules in issues of admissibility of evidence, decides appropriateness of questioning, schedules events, and all other matters necessitating judicial resolve. The Honor Council President convenes the hearing, instructs all participants in their respective roles, and charges all participants with strict confidentiality. The president administers the following pledge to all persons presenting testimony during the Formal Hearing:

    "I, __________ , will tell the truth in relation to the inquiry about which I am to give testimony. I further affirm that all matters relative to this hearing shall be held in strictest confidence."

D. Procedure -- The honor council and the accused will remain present throughout the hearing.

    1. The president will read aloud a statement of the charges against the accused.

    2. Plea -- The accused replies to the charges by pleading guilty or not guilty. If the accused student pleads guilty, the honor council can choose to hear witness testimony prior to proceeding with its deliberations for an appropriate sanction. The accused is given the opportunity to make any statements in mitigation or explanation to the council before deliberations. If the plea is not guilty, the formal hearing on guilt or innocence shall proceed.

    3. Presentation of Evidence -- The two investigating honor council members (who will not vote upon the guilt or innocence of the accused) will present all of the information gathered in their investigation followed by an opening statement by the accused. After opening statements are concluded, the investigators will call witnesses to support their case. After testimony and cross-examination, the defendant will call his/her witnesses to rebut. Witnesses will be called one at a time, sworn in, and leave the room after answering questions. The investigators, the accused or his or her advisor, and the members of the honor council (in that order) may all question witnesses. Following the accused student's presentation of evidence, the voting members of the honor council may ask questions of the investigators, accused, and witnesses to clarify uncertainties.

    4. Closing Statements -- The investigators will make a summary statement of the evidence presented, after which the accused may make a closing statement.

    5. Deliberations -- After closing statements, the honor council will retire to discuss and decide the case. These discussions will not be recorded. The honor council will vote by secret ballot upon the guilt or innocence of the defendant, and the verdict shall be based on a preponderance of the evidence. A three-fourths vote is required for a guilty verdict. If the vote results in a verdict for acquittal, the case will be closed, and the records of the proceedings will be destroyed in the presence of witnesses. If the acquitted party is involved in a related case involving another student, the name of the acquitted party will be deleted from the official record of the related case. If the verdict is guilty, the honor council will, after further discussion, decide upon a sanction befitting the severity and circumstances of the violation. Sanctions will be decided by a simple majority vote.

    6. Reading of the Decision -- The president will reconvene all participants in the hearing (excluding accusers and witnesses) and will read aloud the decision and sanction to the accused. The president will also inform the student found guilty of the option to appeal to the dean of the appropriate college. The president will then adjourn the hearing. The president will notify the accuser in confidence of the verdict and sanctions following the formal hearing.

    7. Recommendations to the Dean -- If a student is found guilty by the honor council, the Honor Council President will forward all records of the investigation and hearing, the decision, and the sanction to the dean of the college for appropriate action.