C. INVESTIGATIVE PANEL

Purpose: The Investigative Panel, comprised of three rotating Honor Committee members, reviews the findings of the investigation and decides whether formally to accuse the investigated student of committing an honor offense.

1. The Investigative Panel should convene within one week of the completion of the investigation unless the Vice Chair for Investigationsdetermines that circumstances exist which warrant a delay.

2. If the panel members believe that they are unable to make a proper decision because the investigation was incomplete, the panel may instruct the counsel to investigate the matter further.

3. The panel should accuse the student if it seems "more likely than not" that:

a. the investigated student committed the act,

b. the student committed the act with dishonest intent, and

c. the act was serious.

4. The panel should not accuse the investigated student if he or she is able to prove "more likely than not" that he or she submitted a conscientious retraction. If the retraction is written, the panel need only assess its validity. If the retraction is unwritten, the panel must assess both validity and completeness.

5. The procedure for the investigative panel is as follows:

a. The two counsel investigating the case will have fifteen minutes to present their findings.

b. The reporting witness initiator will then be given ten minutes to state the reasons for reporting initiating the case, if he or she so desires. (language modified, October 16, 2005)

c. The investigated student will then be given ten minutes to make a statement to the panel, if he or she so desires.

The panel has the opportunity to question everyone presenting information before it. However, the investigated student can not be compelled to testify.

6. Accusation of an investigated student requires a two-thirds vote by the panel. When the panel issues an accusation against the investigated student, the student's status then changes to that of an "accused student."

7. The Vice Chair for Investigations must ensure that students are informed of an accusation against them in a timely fashion.

8. When a student is formally accused of an Honor offense by an Investigative Panel, he may either (a) proceed with an Honor trial, in which case he must request such a trial, in writing, within ten (10) days following the Investigative Panel, or (b) fail to request an Honor trial, in writing, within such ten (10) day period, in which case he will be deemed to have waived his right to a trial and to have admitted guilt, whether or not such an admission is expressly made (such admission of guilt is referred to as "leaving admitting guilt" or a "LAG"). In each case in which a student is deemed to have admitted guilt, as described above, (i) the student is immediately dismissed and forfeits all of his rights under the Honor system, except for the right to file a grievance, pursuant to Section appeal, if applicable, in accordance with Article IV.J of these by-laws; (ii) the Committee will so notify the Registrar; (iii) the Committee will request that the Registrar remove the student from active class rolls and forever bar his readmission to the University; (iv) the Committee will request that the Registrar place a notation on the transcript of the student reading "Enrollment Discontinued"; and (v) in the case of students who have already graduated from the University, the Committee will initiate degree revocation proceedings with the General Faculty. For students electing to proceed with an Honor trial, the trial process, the post-trial process, and the consequences flowing from a guilty verdict are described, in detail, in Sections IV E, F, G, H, I, and J, below. (Language modified, September 18, 2005)