College of Optometry (CO) 2024–2025 128 • notify the accused student, person submitting the allegation, and any witnesses in writing of the hearing date, time, and location at least five days prior to the hearing. (Note: The accused student may waive this five-day notice if desired. All notifications shall be delivered in person or via first class or certified mail to the student’s address as reported to the university registrar.) Section 3. Hearing Procedures Although Honor Council hearing procedural requirements are not as formal as those existing in criminal or civil courts of law, to ensure fairness, the following procedures will apply: 1. The Honor Council chair will conduct the hearing. 2. A quorum of four Honor Council members (two students and two faculty members) is required to conduct a hearing and vote. 3. T he Honor Council will solicit, hear, and consider all relevant evidence from the instructor of record for the course in which a suspected infraction occurred, the student accused of the violation, and any other source that may bear on the suspected violation (in the judgment of the Honor Council chair). 4. The student suspected of the violation may submit a written statement including evidence refuting the charge(s) and a list of relevant witnesses, if any, requested by the student to attend on the student’s behalf. The student’s witness list must be submitted to the Honor Council three business days prior to the hearing. However, the Honor Court has the discretion to waive this requirement if good cause is shown or to avoid manifest injustice. In addition, the student may ask that questions be put to witnesses called by others and be notified of potential witnesses to be called. 5. The individual bringing forward the suspected infraction may submit a written statement including evidence supporting the charge(s) and a list of relevant witnesses, if any. In addition, the instructor may ask that questions be put to witnesses called by others and be notified of potential witnesses to be called. 6. All written materials should be made available to the Honor Council on the day of the hearing. 7. Attendance at hearings is limited to those directly involved and those requested by the Honor Council to attend. The Honor Council chair may take reasonable measures to assure an orderly hearing, including removal of persons who impede or disrupt proceedings. 8. Since the most accurate and fair review of the facts can best be accomplished when all parties are present, the accused is expected to attend and participate. If an individual does not choose to attend a hearing, the charges will be reviewed as scheduled on the basis of the written information available, and a decision will be made. Although no inference may be drawn against a student for failing to attend a hearing or remaining silent, the hearing will proceed and the conclusion will be based on the evidence presented. No decision shall be based solely on the failure of the accused student to attend the hearing or answer the charges. Likewise, written statements by a witness may be used. 9. The accused student may have the assistant dean for Student Affairs and Admissions from the CO present as an adviser throughout the hearing. The assistant dean for Student Affairs and Admissions
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