Rights of the Accused:

1. The accused student must be informed in writing of any charges within two working days after the Honor Council President receives the formal charges and at least two working days before the case is heard at the Notification Conference and must be provided with a copy of the Honor Code. If the accused student or anyone involved in the investigation has questions about the process he or she should contact only the Honor Council President, Honor Council Faculty Advisor, or dean of the respective college.

2. The accused student has the option of being excused from any tests, assignments, or examinations for a period extending from 48 hours prior to the Notification Conference until 48 hours following notification of the final decision of the honor council.

3. At the discretion of the dean, the accused may be removed from classes and clinical work during the time that a Preliminary and/or Formal Hearing is taking place if there is a clear and present danger to patients, faculty, or other students. The dean may also grant permission to continue classes and clinical work after a final decision has been reached if notified in writing that the case is being appealed. Under no circumstances may a student graduate until the case and all appeals have been resolved.

4. Honor council hearings are not courts of law, and as such no legal counsel will be allowed in the hearing. Each accused student does have the right to be accompanied by an advisor (faculty, family member, or other). The honor council officers must approve any additional advisors. Advisors may actively participate and speak on behalf of the accused student throughout the Formal Hearing.

5. The accused will be given reasonable and adequate time for the preparation of a defense. The accused will have prior access to and notice of evidence to be presented to the honor council at the Formal Hearing and have the right to call witnesses in his or her defense.

6. The accused has the right to an expedient resolution of the charges, and every effort should be made to resolve such matters quickly. However, the time requirements should be considered guidelines only. Due to the nature of MUSC's environment, unavoidable delays may occur. Such delays do not take precedence over the process itself and are not grounds for dismissal of the charges. Only gross and inexcusable delays, which are solely the fault of the honor council, may serve as grounds for dismissal. A request for dismissal should be made (in writing) to the dean.

7. The accused student has the right to confront his or her accusers and to cross-examine any witnesses at the honor council hearing.

8. The accused student has the right to examine any evidence prior to the Formal Hearing, including the transcript of the Notification Conference. These materials cannot leave the dean's office but may be examined under supervision in the dean's office or may be copied, at the student's own expense, by personnel of the dean's office. The accused student must sign a statement that all information taken out of the dean's office is confidential and is only for his/her eyes and that of his/her advisor.

9. The accused may decline to discuss any and all aspects of the charges. The decision to do so will not be construed as an admission of guilt. Failure to enter a plea, failure to participate in the hearing process, or disruption of the hearing process by the accused or his/her advisor will not alter the proceedings. A plea of not guilty is entered for the student, and the process continues with or without the student and his/her advisor present.

10. All records of prior social or academic infractions having no direct bearing on the present charges are excluded from evidence. These records are only used in the deliberations for appropriate penalties or sanctions.

11. The accused has the right, in the event of a not guilty verdict, to request that this finding be made public. The student must make a written request to the president (within five official school days) to include his or her name in the report to the University Honor Council and Student Government Association.

12. In the event an accused student should withdraw from MUSC after a charge has been made against him/her and before the hearing, the hearing will not be held. If the hearing is not held, the charges will be permanently filed with the appropriate college's dean's office and the University Honor Council. The charge must be cleared up by the honor councils before the student is readmitted to MUSC.