G. PRE-TRIAL CONFERENCE

Purpose: The purpose of the pre-trial conference is to determine the witnesses who will testify at trial, the nature and scope of the evidence and testimony to be presented during the trial, and any other measures to ensure a fair and efficient trial.

1. The Vice Chair for Trials will assign Committee members to serve as the Chair and Observer for trial.

2. The Trial Chair, the Trial Observer, the Pre-Hearing Coordinator, and the counsel will convene a pre-trial conference before the trial. Except as provided in Section IV. G. 6. below, the Trial Chair, the Trial Observer and the Pre-Hearing Coordinator will make all necessary rulings at the pre-trial conference, in each case by a vote of at least two-thirds.

3. The conference will determine the list of witnesses who will testify during the trial. If possible, both sides will mutually agree to a list of witnesses and the order in which they will appear at the trial. Witnesses for the accusation shall testify first, followed by witnesses for the accused. If no agreement can be reached, the Trial Chair, the Trial Observer, and Pre-Hearing Coordinator shall intervene and establish the list and order of witnesses.

4. The conference will also determine the nature and scope of the evidence to be presented at trial. All relevant evidence necessary to a fair and thorough adjudication should be admitted, unless the evidence is either:

a. unnecessarily cumulative or

b. its probative value is far outweighed by its potentially prejudicial effect on the panel.

Relevant evidence is any evidence having the tendency to make the existence of any material fact more or less probable than it would be without the evidence. Even if relevant, the following may not be presented as evidence at honor proceedings: any polygraph, character, Psychological Evidence (as hereinafter defined), or information contained on any Honor Committee post-trial evaluation form or juror notes. Hearsay evidence may be admitted at the discretion of the Chair, Observer, and the Pre-Hearing Coordinator.

For purposes of these Bylaws, "Psychological Evidence" shall mean any evidence relating to the mental state of the accused in relation to the commission of the alleged Honor offense, including any testimony, reports, written analyses or diagnoses on psychological or psychiatric matters, whether offered by the accused, any other fact witness, or any psychologist, psychiatrist, therapist, counselor or other, similar expert, and any evidence relating to medication prescribed for and/or taken by the accused for any alleged psychological condition. Psychological Evidence will be considered only at a Hearing on CMD (as defined in Section IV.D, above), and students wishing to present Psychological Evidence may wish to consider whether to pursue a Hearing on CMD. Notwithstanding the foregoing, the accused may testify about his or her general life circumstances at the time of the alleged Honor offense, so long as such testimony does not incorporate or refer to any Psychological Evidence and so long as such testimony is relevant and admissible at trial.

5. The conference will also determine the content of the Trial Chair's opening statement at trial, what observers will be allowed in closed trials, if the trial should be delayed and whether the accusations against the accused student(s) should be heard in multiple trials.

Generally, in cases where multiple alleged acts of one or more students are linked to the same factually related event(s) or in cases where multiple alleged acts of one student are substantially similar, all charges may be heard in the same trial.

6. Motion to Dismiss : The pre-trial conference will also consider whether a case should proceed to trial when substantial issues of fundamental fairness or timeliness are raised by the accused student. If the Trial Chair and the Trial Observer decide, by a unanimous vote, that proceeding with the trial would, under the circumstances, be fundamentally unfair to the accused student, the case will be dropped.