12.07.2015 Views

Student Handbook - Sweet Briar College

Student Handbook - Sweet Briar College

Student Handbook - Sweet Briar College

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of the evidence and witnesses by the <strong>Student</strong> Investigator. Theadmissibility of evidence is at the discretion of the presidingofficer based on “relevance.”<strong>Student</strong> witnesses are presumed to be guided by the Honorprinciple, and may only give testimony to that which they havedirect knowledge. The presiding officer, the Dean and the jurorsmay ask questions; admissibility is at the discretion of thepresiding officer.The student in question may not be compelled to testify againstherself, and the jury will be instructed not to draw a negativeimplication from her refusal. The <strong>College</strong> Chaplain orprofessional medical staff with whom the student has enteredinto a confidential, privileged relationship cannot be compelledto testify, except with the permission of the student in question.Any prior “bad acts” of the individual are inadmissible.The Dean will make her best efforts to ensure that the privacyrights of all students under Federal and Virginia law will bepreserved and observed; this paramount legal obligationoutweighs the authority of the presiding officer in issues of thepropriety of evidence and questions.The student in question and her Advocate from the <strong>College</strong>community, have the right to be present for the entireevidentiary phase of the Trial. The student in question and thestudent accuser(s), if applicable, have the right to question inturn all witnesses called by the <strong>Student</strong> Investigator, subject tolimits of appropriateness and relevancy determined at thediscretion of the presiding officer.After the conclusion of the <strong>Student</strong> Investigator’s presentation,the student in question has the right to introduce evidence andcall witnesses subject to the same limitations governing evidenceand fundamental fairness imposed on the <strong>Student</strong> Investigator.Should there be new evidence or witnesses, the Chair must havecopies and/or names of persons not less than 24 hours inadvance. If new evidence is presented during a Hearing or Trial,the Chair has the prerogative to recess and reschedule the caseso that the accused has the opportunity to review theinformation. The <strong>Student</strong> Investigator has the right to questionany witnesses or evidence presented by the student in question.b. The Deliberation PhaseAt the conclusion of the student in question’s presentation, theevidentiary phase of the Trial ends. Only the jurors, the________________________________________________________________65

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