Rights of the Accused

Rights of the Accused Student in Honor and Ethics Council Hearings

  1. The accused student has the right to assistance from a student advisor. An advisor will be assigned from the Board of Investigators and Advisors by its co-chair. If the student wishes, the student may instead choose any currently enrolled Wake Forest undergraduate student to serve as the student’s advisor. The student may always choose to proceed without the assistance of an advisor. It is recommended that students use their assigned advisors, though the decision to do otherwise will not be considered during the deliberative process.
  2. The student will not be compelled to testify and the failure to testify will not be held against the student. Neither the investigator nor any member of the hearing panel will comment on the student’s failure to testify.
  3. When it is determined that a case will be investigated, the student will be informed that the student will be the subject of an investigation.
  4. The student will be informed of the results of an investigation of which the student is the subject.
  5. No hearing will take place sooner than five (5) business days after the student is notified of the charges. The student may waive this right for purposes of expediency.
  6. The student has the right to choose between an open and a closed hearing.

Note: “Open hearing” is defined as a hearing at which the following are present: all necessary parties for a decision, one (1) or two (2) undergraduate student staff members of the Old Gold and Black newspaper, the chair of the Student Government Judiciary Committee, any member of the Judicial Council, and up to twelve (12) Wake Forest undergraduate students, six (6) of whom may be designated by the accused student and six (6) of whom by the complaining party(ies). The request for an open hearing must be presented in writing to the Judicial Liaison no less than five (5) business days before the scheduled hearing.

  1. The student has the right to be present at all times and at all phases of the hearing except deliberation.
  2. The student has the right to appeal any decision to the Judicial Council.