A-to-Z Index

James Madison University Honor Code

VI. Rights of Accused Students

  1. Each student charged with an Honor Code violation under Section V, Investigations and Charges by Honor Council shall have the right to the following:
    1. A fair and impartial hearing before the appropriate hearing body within a reasonable period of time after being charged with an Honor Code violation.
    2. The benefit of a presumption of innocence until proven responsible.
    3. See typewritten copies of statements of the reporter(s) and witness(es), modified to protect the identities of the reporter(s) and witness(es), before submitting his or her statement regarding the incident.
    4. Notification of the nature of the charges as soon as they can be deduced from the statements of the reporter(s). This will usually require receipt of written statements from the reporter(s).
    5. Notification of the specific charges and evidence as well as the time and place of the hearing at least five class days prior to the hearing.
    6. Representation by any willing student member of the university community, excluding Honor Council members.
    7. Have a lawyer attend the hearing. If a student elects to have a lawyer attend the hearing, the student must notify the Honor Council president no later than 24 hours prior to the hearing.
      1. A lawyer attending a hearing may not actively represent the accused student but may give advice to the student regarding how to present his or her defense.
      2. The Honor Council president may direct a lawyer to cease all assistance if the president determines that the assistance is unduly disrupting the hearing.
    8. Select up to three non-witnesses to attend a closed hearing by providing the investigator with their names at least 24 hours prior to the hearing. These non-witnesses may not participate in the hearing.
    9. Question all witnesses who testify at the hearing.
    10. Present witnesses to testify for the defense.
    11. Be present during the entire hearing (except closed deliberations) and know all evidence used in the proceeding. The accused may elect not to appear at the hearing; failure to appear will not be construed as an admission of responsible.
    12. Remain silent. Such silence will not be construed as an admission of responsibility.
    13. Be notified in writing of the decision of the hearing body within 10 days of the date of the hearing.
    14. Submit an appeal.
    15. Have access to the official record of the hearing for the purpose of preparing an appeal. This record will consist of a copy of a visual recording made at the hearing, at the discretion of the coordinator.
    16. Have the above rights apply to a hearing conducted by a special panel, as described in that section.