Rights of the Accused

Rights of the Accused Student in Honor and Ethics Council Hearings

  1. The student has the right to counsel. An advisor will be assigned by the judicial co-chairs from the Board of Investigators & Advisors. If the student wishes, he/she may instead choose any currently enrolled Wake Forest undergraduate student to work as an advisor. A student may always choose to represent himself/herself. The Judicial Council strongly recommends that accused students utilize 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 shall not be held against him/her. The investigator shall not 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 he/she will be the subject of an investigation.
  4. The student will be informed of the results of an investigation of which he/she is the subject.
  5. No hearing will take place sooner than five (5) school days after the student is notified of the charges. The student may waive this right for purposes of expediency. If a student wishes to waive his/her right, he/she must submit a written request to either the investigator or the chairperson and sign a waiver statement.
  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 or two undergraduate student staff members of the Old Gold and Black, the chair of the Student Government Judiciary Committee, any member of the Judicial Council, and up to twelve Wake Forest undergraduate students, six of whom may be designated by the accused and six 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 three (3) school days before the scheduled meeting.
  7. The student has the right to be present at all times and at all phases of the hearing except deliberation.
  8. The student has the right to request that the hearing be reopened upon the written presentation of germane new evidence.
  9. The members of the Judicial Conference will determine whether the hearing will be reopened.
  10. The student has the right to request an appeal of any decision to the Judicial Council.