1. Introduction

This procedure complements the University's honor system; it applies to Students:

1. who may have committed an act which would be an honor offense but for the fact that they were unable at the time of the act to intend or control their actions, or

2. who now substantially lack the capacity to understand charges and defend themselves in an honor trial.

Although these Students might be held guiltless under the honor system, the University still wishes to determine whether their actions make suspension necessary. To the extent that this procedure applies to Students who may be considered handicapped because of a mental disorder, this procedure describes a means to determine whether the handicapped Student's actions should result in his or her suspension from the University or from certain University activities. Such a disqualification is appropriate under this procedure where a Student's actions fall below the standards of conduct embodied in the University's honor system.

All time limitations contained herein are aspirational and not mandatory, and, although good-faith efforts shall be made to proceed consistent with the time frames herein provided, failure to do so shall not be cause for challenge to any substantive decision made pursuant to this procedure.

2. Definitions

As used in this procedure, the following terms shall have the meanings indicated:

(i) "Bylaws" - the applicable Bylaws of the University Honor Committee;

(ii) "Complainant" - the Dean of Students, or a University employee within the organizational chain reporting to the Dean who is designated by the Dean;

(iii) "Contributory Mental Disorder" - a mental disease or disorder which significantly contributed to the commission of an alleged honor offense, causing the accused Student to be unable to intend or to control his or her actions;

(iv) "Days" - non-holiday weekdays

(v) "Dean" - the University's Dean of Students;

(vi) "Hearing" - the psychological evaluation Hearing described in Section 4 below;

(vii) "Honor Committee Observer" - a non-voting Honor Committee Representative selected by the Vice Chair for Trials to observe the Hearing in its entirety;

(viii) "Lack of Capacity" - the Student's substantial inability to understand charges brought against him or her or to assist in his or her defense, due to a mental disease or disorder;

(ix) "Panel" - the Panel of three persons selected to evaluate the Student's psychological condition, as described in Section 3(c) below;

(x) "Representative" - the person identified to the Panel as the Representative under this procedure of the Student or the Complainant, respectively; such identification to be made either in writing by the Student or the Complainant, respectively, or by a personal appearance before the Panel by such Representative. A Representative shall be a Student or employee of the University but may not be an attorney;

(xi) "Significant Risk" - the substantial likelihood that the Student will, because of a mental disease or disorder, commit an act or acts which would be lying, cheating or stealing (see definition of these terms in Attachment A) but for the mental disease or disorder.

(xii) "Student" - the Student who is the subject of the notice described in Section 3(b) below;

(xiii) "Vice Chair for Trials" - The University Honor Committee's Vice Chair for Trials.

(xiv) "Vice President" - the University's Vice President for Student Affairs.

3. Prehearing Procedure

(a) When

(1) an investigated or accused Student, the investigators, or his or her Representative counsel, allege at any time during the investigation or within ten (10) Days after the Investigative Panel that he or she is not guilty of an honor offense because of a Contributory Mental Disorder or

(2) an accused Student at any time before trial alleges, or the Trial Chairman and the accused's Representative agree, at any time before or during the trial, that the accused lacks the Capacity to stand trial, the Student or Trial Chairman must submit a written request for a psychological Hearing to the Vice Chair for Trials. The Vice Chair for Trials shall then:

i) immediately notify the Vice President and the Dean, and

ii) send copies of all records relating to the accusation to the Dean.

Giving of such notice is subject to the provision that an accused Student may not assert Contributory Metal Disorder after the ten day period described above, nor may he or she claim Lack of Capacity after his or her trial under the Honor Committee has begun.

The Dean, or his or her designated Representative, shall meet with the Student, and review the request. The Dean shall use the following criteria in considering the request: 1) the Contributory Mental Disorder was contemporaneous with the alleged honor offense, 2) the disability was exculpatory to the alleged honor offense, 3) the expert opinion regarding the Contributory Mental Disorder has been rendered by a person with relevant credentials. Should the Dean determine that the request is incomplete, the Student shall have five Days, barring extraordinary circumstances, from receipt of notice of that incompleteness to furnish additional information. Failure to do so shall result in referral of the case back to the Honor Committee for further action. If the Dean approves the request for a psychological evaluation, the notice described in Section 3(b) below shall be given within five Days of that determination to the Student and the Vice President, with a copy of this procedure. Such notice, and all other written notices called for in this procedure, shall be "given" upon delivery in person to, or receipt by mail by, the person to whom the notice is addressed, or such person's secretary or Representative.

(b) The notice from the Dean shall be in writing, shall state that it is given under this procedure, shall provide a statement of the allegation made by or believed to apply to the Student, as described in Section 3(a), and shall indicate the name of the Complainant.

(c) Each case under this procedure shall be heard by a Panel of three persons. The Vice President shall provide the names of these people in writing to the Complainant and the Student within five (5) Days after the notice from the Dean under Section 3(a) above is given. Such writing shall also designate one Panel member as chairman of the Panel. One of the Panel members shall be a psychiatrist or clinical psychologist, and the Dean may be a Panel member if the Dean is not the Complainant. The Vice President may maintain a list of persons who have indicated their willingness to serve on a Panel. The Vice President may familiarize such persons with the procedure and may meet with them periodically to discuss it. Selection of Panel members may be made without any restriction on the number of such Panels on which a person has served. The Vice Chair for Trials may also select an observer who may sit in on the panel and observe, but not vote. The chair of each panel shall assure that the Vice Chair for Trials of the Honor Committee is informed of the date of each hearing sufficiently in advance of such hearing to allow for selection of this observer.

(d) Barring extraordinary circumstances, within five (5) Days after the notice to the Complainant and the Student under Section 3(c) is given, the Panel shall give the Complainant and the Student written notice of the date, time and place which the Panel has set for a Hearing on the case, which shall be held at least five (5), but not more than ten (10), Days following the giving of the notice under Section 3(c); provided that the Panel may commence the Hearing sooner at the Student's request. Also, within five (5) Days after notice under Section 3(c), the Complainant shall give the Student in writing a list of the witnesses whom the Complainant expects to present at the Hearing, a summary of their anticipated testimony, and a list of the documents the Complainant will seek to introduce.

4. General Hearing Procedure

(a) The Complainant, the Student, their respective Representatives, and the Student's attorney, if any, shall be entitled to be present during the entire Hearing, excluding deliberations. (Any references herein to "party" refer to the Complainant, or the Student, as the case may be.) Any action under this procedure by a party may be taken by such party, or by his or her Representative. The Student's attorney may, if done without interfering with the Hearing, advise the Student and the Student's Representative during the Hearing, but may not address the Panel or others except as the Panel may allow. The Panel shall determine the propriety of attendance at the Hearing of any other persons. Witnesses other than the Complainant, the Student, and their Representatives may remain in the Hearing room only while giving their testimony, unless the Panel and the parties agree otherwise. The Panel shall be entitled to have present a person who may advise it, privately or otherwise.

(b) Except as may be provided in this procedure, the Panel shall not be bound by the rules of procedure or evidence applicable to judicial proceedings and may adopt such rules of procedure and evidence as it feels appropriate. The Panel may take into account any evidence to the extent it deems appropriate. The Panel shall decide all procedural and evidentiary questions raised during the Hearing.

(c) All decisions by the Panel shall be made by majority vote.

(d) The Panel shall arrange for the Hearing to be accurately recorded and shall arrange for any transcription of the recording which it deems appropriate, or which a party requests, upon payment by the requester of reasonable transcription charges. Such recordation and transcription may be made by such person or persons, including University employees, as the Panel may designate.

(e) Before testifying, each witness, shall swear or affirm to the Panel that his or her testimony shall be the truth, the whole truth, and nothing but the truth.

(f) Any burden of proof referred to in this procedure must be carried by a preponderance of the evidence.

(g) The parties may make opening statements at the beginning of the Hearing, and closing statements at the end of the Hearing. The party with the burden of proof shall have the right to make the first statement and to make a rebuttal opening statement.

(h) The party with the burden of proof shall first present any witnesses, documents, and other evidence to support his or her position. The other party shall then have the opportunity to present any evidence to support his or her position. The party with the burden of proof shall have the right to present rebuttal evidence and the Panel shall allow such additional evidence as it may deem appropriate. In cases of mixed burdens of proof, the Panel shall determine the order of statements and evidence.

(i) The Panel may continue the Hearing from time to time as it may determine, provided that the Hearing shall be completed within ten (10) Days of its commencement, unless the parties agree otherwise or the Panel decides otherwise in writing for a good cause. Once the Hearing has been completed, it may be reopened by the Panel at any time before the Panel renders its written decision.

(j) The parties shall have the right to cross-examine witnesses presented. Panel members may ask witnesses questions at any time.

(k) Documents and other exhibits offered shall be marked and when received in evidence by the Panel, made a part of the Hearing record.

(l) If the Panel determines that no Contributory Mental Disorder exists or that the Student does not lack the capacity to stand trial, the case is returned to the Honor Committee.

5. Hearings On Contributory Mental Disorder

(a) If the Student was referred to the Panel on the allegation that he or she had a Contributory Mental Disorder, then the Student shall have the burden of proving this allegation. If the Panel finds that the Student did not have a Contributory Mental Disorder, it shall refer his or her case to the Honor Committee for further proceedings. If the Panel finds that the Student did have a Contributory Mental Disorder, it shall proceed as described in Section 6(b) below.

(b) Upon determination the Student has proven the allegation of Contributory Mental Disorder, the Complainant shall bear the burden of proving that the Student, as a result of a mental disease or disorder, poses a Significant Risk.

(i) If the Panel determines that the Complainant has proven the Significant Risk, it may suspend the Student from the University or from certain University activities, pending elimination of the risk, with such conditions as it deems appropriate. Any such suspension shall be described in the Student's record as a suspension "pending elimination of risk found by Vice President for Student Affairs' Panel." Any pending accusations under the honor system shall be dropped.

(ii) If the Panel determines that the Complainant has failed to prove the Significant Risk, the Student may continue to participate fully in the University and its activities and any pending accusations under the honor system shall be dropped.

6. Hearings On Lack Of Capacity

(a) If neither the Student nor the Student's Representative appears at the Hearing, the Complainant shall present any available evidence on the issue of whether because of a mental disorder the Student lacks the Capacity to stand trial. If the Student appears without a Representative, the Complainant shall present such evidence if the Panel requests. If the Panel determines probable cause to believe that the Student lacks the Capacity, it shall select a person whom the Panel shall request to act as the Student's Representative and to assist the Student in preparation for the Hearing. The Panel shall continue the Hearing to afford the Student's Representative time to prepare and, upon reconvening, the Panel shall proceed as described in Section 5(b) below. If the Panel does not determine probable cause to believe that the Student lacks the Capacity, and does not have any other reasonable basis for delaying the Hearing, it shall proceed with the Hearing in the Student's and/or the Student's Representative's absence if there is an allegation of Contributory Mental Disorder. If there is no such allegation, the Panel shall refer the case to the Honor Committee for further proceedings.

(b) If the Student's Representative appears at the Hearing, either with or without the Student, and alleges that because of a mental disorder the Student lacks the Capacity, the Panel shall proceed as described in Section 5(c) below. If the Representative alleges only a Contributory Mental Disorder, the Panel shall proceed as described in Section 6 below.

(c) In Hearings on Lack of Capacity, the Student, through his Representative, has the burden of proof regardless of whether the Student alleged Lack of Capacity or whether the Trial Chairman and the Representative agreed there was reasonable basis to believe the Student was incapable of standing trial. If the Panel finds that the Student does not Lack the Capacity, it shall refer his or her case to the Honor Committee for further proceedings. If the Panel finds that the Student does Lack the Capacity, it shall proceed as described in Section 5(d) below.

(d) Upon determination that the Student lacks the Capacity, the Complainant shall bear the burden of proving that the Student, as a result of a mental disease or disorder, poses a Significant Risk.

(i) If the Panel determines that the Complainant has proven the Significant Risk, it may suspend the Student from the University or from certain University activities, pending restoration of the Capacity, with such conditions as it deems appropriate. Any such suspension shall be described in the Student's record as a suspension "pending elimination of risk found by Vice President for Student Affairs' Panel."

(ii) If the Panel determines that the Complainant has failed to prove the Significant Risk, the Student may continue to participate fully in the University and its activities, provided, however, that the Vice President shall from time to time inquire into the Student's psychological condition. If the Vice President deems it advisable, he or she may establish appropriate procedures to determine whether the Student's Capacity has been restored. If the Student's Capacity is found to be restored, the Student shall be subject to trial on all unresolved alleged violations of the honor system.

7. Psychiatric Consultations

In any case where the Complainant has alleged that the Student poses a Significant Risk, and the Panel finds that:

(i) the Complainant has proved that the Student engaged in activity that suggests a Significant Risk, and

(ii) the Complainant has shown that this activity probably resulted from a mental disease or disorder but has not proved it by a preponderance of the evidence, for lack of sufficient psychiatric information, then the Panel shall order a psychiatric consultation. The Panel shall designate one or more psychiatrists not employed at the University's Student Health Services, one of whom the Student may consult, at the University's expense, on the condition that the psychiatrist's diagnosis of the Student shall be presented to the Panel. If the Student fails to consult such psychiatrist within the reasonable time period set by the Panel, the Panel shall proceed as though the Complainant had carried the burden of proving Significant Risk. If the Student does consult such psychiatrist, the psychiatrist shall present his or her diagnosis to the Panel and the Panel shall then determine whether the Complainant has carried the burden of providing Significant Risk. If at any time the student fails to meet the requirements set by the panel, the panel may reconvene to reevaluate Significant Risk.

8. The Panel's Decision

(a) Within ten (10) Days from the conclusion of the Hearing, the Panel shall give the Complainant, the Student and the Vice President copies of its written decision. The decision shall consist of two sections, one containing findings and conclusions as to all matters other than suspension, and the other, conclusions as to any suspension imposed on the Student. Members of the Panel shall be entitled to submit separate written decisions concurring with, or dissenting from, in whole or part, the majority's decision.

(b) If the Panel determines that the University's or the Student's welfare requires it, the Panel may include in its decision a determination that any suspension shall be effective immediately and shall continue in effect until such time as the Vice President may determine otherwise. If the Panel imposes a sanction other than suspension, or does not make a determination that a suspension should be effective immediately, any suspension or other sanction imposed by the Panel shall not be effective until ten (10) Days after the Student's receipt of the Panel's written decision, or, in the event of a timely appeal under Section 8 below, until such time as the Vice President determines.

(c) The Panel shall retain in confidence all records relating to its proceedings, except for:

(i) records of cases in which the Panel finds no Lack of Capacity or Contributory Mental Disorder, and the Student is later found not guilty of the honor violation. These records shall be destroyed, upon the completion of all honor system trials and appeals of the case.

(ii) records to be differently handled as required by law.

9. Appeal To The Vice President For Student Affairs

(a) The Student may appeal the Panel's decision by so notifying the Vice President and the Complainant within ten (10) Days after receipt of the Panel's written decision. Such notification shall be accompanied by a written statement of the specific portions of the Panel's decision with which the Student disagrees the reasons for the disagreement and the proposed alternative to the objected-to portions.

(b) The Vice President shall afford the Student and the Complainant an opportunity to present arguments, as opposed to evidence, in support of their positions. The Vice President may specify whether such arguments shall be by oral proceedings and/or written statements, and may impose such time and length limitations on such arguments as the Vice President may deem reasonable. If any such proceedings are held, the Student, the Complainant, and their Representatives shall be entitled to be present during all such proceedings. The Vice President may also ask the Panel members any questions relating to their decision. The Vice President shall be entitled to obtain and review any or all of the transcripts and exhibits of the Hearing before the Panel.

(c) The Vice President shall take as conclusive the findings and conclusions of the Panel as to all matters other than suspensions or sanctions, unless the Student or the Complainant alleges that such findings or conclusions were based on fraud before the Panel or should otherwise be revised in extraordinary circumstances. If the Vice President deems it appropriate for additional evidence to be received, the Vice President may direct the Panel to reopen its Hearing and receive evidence, or the Vice President may appoint a new panel to consider the case.

(d) The Vice President shall give the Student and the Complainant copies of the Panel's written decision within thirty (30) Days after the Vice President's receipt of the Student's notice of appeal, or such longer period as the Vice President may determine as reasonably required for just cause. The decision shall be final, but may be reopened by the Vice President within thirty (30) Days for good cause shown.

10. Termination of Suspension

In the event of a final decision to suspend the Student on the basis described in Section 5(d) or 6(b) above, the Student may, when he or she feels that the conditions of such suspension have been satisfied, apply to the Dean or the Dean's designate for termination of such suspension. If the Student is not satisfied with the Dean's or the Dean's designate's response, the Student may apply in writing to the Vice President for termination of such suspension. The Vice President may, at that time, establish such procedure as he or she may deem appropriate to determine whether the Student's application should be granted. If a final decision has been made under Section 5(c) above that the Student lacked the Capacity, the Student's Capacity shall upon readmission be considered restored and the Student shall be subject to trial on all unresolved alleged violations of the honor system.

11. Amendments

This procedure may be amended at any time, or from time to time, in writing by mutual agreement of the Honor Committee and the Vice President for Student Affairs. Representatives of the Honor Executive Committee, the Vice President for Student Affairs, and the Office of the General Counsel shall meet to review, and if necessary revise, this procedure prior to the beginning of each academic year. All amendments to this procedure passed and in effect at the time of the request for a psychological Hearing shall apply to the case.

ATTACHMENT A

(1) LYING is the deliberate misrepresentation of one or more facts, with the expectation that

another party will rely upon the representation. Such misrepresentations include false statement and willful, misleading concealment of the truth. It is not lying if the person making a statement is unaware that the statement is false, or if the person making the statement does not anticipate that anyone will rely upon the statement.

(2) STEALING is the taking, keeping, or other appropriation of the property of another, without the permission or approval of the owner.

(3) CHEATING is a violation of the rules governing academic performance affecting content, including copying from a fellow Student, plagiarism, unauthorized acquisition of advance knowledge of the contents of a test or assignment, or any other violation of the rules or conditions to any academic project.