D. PSYCHOLOGICAL HEARINGS ON HONOR OFFENSES

Purpose: The Honor Committee recognizes that a student (or a former student) may be afflicted by a mental disease or disorder or mental condition which (a) significantly contributed to the commission of an alleged Honor offense, and/or (b) renders such student substantially unable to understand the relevant Honor charges or to assist in his or her own defense. As more fully described below, certain separate procedures and a separate forum exist for the consideration of such claims.

1. Definitions. For purposes hereof, the following terms shall have the meanings indicated:

a. "Contributory Mental Disorder" or "CMD" shall mean a mental disease or disorder or medical condition which significantly contributed to the commission of an alleged Honor offense, causing the student (i) to be unable to intend or control his or her actions giving rise to such alleged Honor offense, or (ii) to have been so impaired at the time of the commission of the alleged Honor offense as to lack the specific intent to commit such alleged offense;

b. "Hearing on CMD" shall mean the psychological evaluation hearing described in the Procedures;

c. "Lack of Capacity" (referred to herein as "LC") shall mean the substantial inability of a student to understand the Honor charges described in the applicable reporting initiation or to assist in his or her defense, due to a mental disease or disorder or medical condition; (Language modified, October 16, 2005)

d. "Panel" shall mean the three-person panel designated by the Vice President of Student Affairs (the "Vice President") to evaluate a student's claim of CMD, and shall be comprised of persons deemed by the Vice President to have the appropriate expertise for such evaluation, such as psychologists, psychiatrists, or both;

e. "Procedures" shall mean the Procedures for Psychological Hearings on Honor Offenses, as the same may be amended from time to time.

2. Claims of CMD.

a. Requesting a Hearing on CMD. Any student who believes that he or she may have a claim of CMD should consult with his or her Honor advisor, request a copy of the Procedures, and carefully review the Procedures in their entirety. Requests for a Hearing on CMD may be made only in conformity with the deadlines and other requirements set forth in the Procedures. A form for requesting a Hearing on CMD is attached to the Procedures and may also be obtained from the Honor Committee. The criteria applied in evaluating any request for a Hearing on CMD are set forth in the Procedures. Where such a request is not timely filed, fails to satisfy the relevant criteria, or otherwise fails to conform to the requirements set forth in the Procedures, such a request will be denied and the Honor Committee will proceed on the underlying Honor Charges. Claims of CMD may not be made in an Honor trial.

b. Effect of Panel's Findings on CMD. If, following a Hearing on CMD, the Panel finds that the student has not established a CMD, the Panel will refer such student's case back to the Honor Committee for further proceedings on the underlying Honor charges. If, following a Hearing on CMD, the Panel finds that the student has established a CMD, (i) the underlying Honor charges will be dismissed, (ii) the Panel will consider whether such student poses a Significant Risk (as defined in the Procedures), and (iii) if the Panel finds that a Significant Risk does exist, the Panel may impose upon such student a suspension and/or other restrictions or conditions, all as more particularly described in the Procedures.

c. Admission of "Act" Element of Honor Offense. Any student who requests a Hearing on CMD will be deemed to have admitted the "act" relating to the underlying Honor charges. This admission will be deemed to have been made upon delivery of the request form to the Vice Chair for Trials, whether or not a Hearing on CMD is approved by the Dean of Students (as described in the Procedures) and actually held, and regardless of the outcome of any Hearing on CMD if one is held. If the Student's case ultimately is referred back to the Honor Committee for trial, the jury panel will be informed of the Student's admission of the underlying act, the Student will be precluded from denying that he or she committed such act, and the jury panel's vote will reflect that the "act" element of the alleged Honor offense has been satisfied.

d. Psychological Evidence Not Admissible at an Honor Trial. Psychological Evidence, as defined in Section IV.G.4.b, below, is inadmissible at an Honor trial. Such evidence may be presented, if at all, only at a Hearing on CMD.

3. Assertion of LC. Any student who wishes to assert LC should consult with his or her Honor advisor, request a copy of the Procedures, and carefully review the Procedures in their entirety. A form for asserting LC is attached to the Procedures and may also be obtained from the Honor Committee. Any student who asserts LC will be deemed to pose a Significant Risk, mandating immediate suspension from the University. Rules governing the return to the University to stand trial are set forth, in detail, in the Procedures.