|Resolution No. 09-06|
2008-2009 MUSC SGA
Committee: Academic Affairs
Date Submitted: 02/18/09
Date Approved: 03/18/09
Committee: Tyler Pierce
A Constitutional Amendment
Addition to rights of the accused
Purpose: To amend the current Bylaws to allow for additional sanctions to be considered.
Whereas: Currently the council does not address specific rights regarding witness(es).
Be it enacted by the Medical University of South Carolina College of Honor Council assembled in session the following:
That the Medical University of South Carolina Honor council Bylaws be altered to read as follows.
Rights of accused reads:
4. Honor council hearings are not courts of law, and as such no legal counsel will be allowed in the hearing. Each accused student does have the right to be accompanied by an advisor (faculty, family member, or other). The honor council officers must approve any additional advisors. Advisors may actively participate and speak on behalf of the accused student throughout the Formal Hearing.
5. The accused will be given reasonable and adequate time for the preparation of a defense. The accused will have prior access to and notice of evidence to be presented to the honor council at the Formal Hearing and have the right to call witnesses in his or her defense.
6. The accused has the right to an expedient resolution of the charges, and every effort should be made to resolve such matters quickly. However, the time requirements should be considered guidelines only. Due to the nature of MUSC's environment, unavoidable delays may occur. Such delays do not take precedence over the process itself and are not grounds for dismissal of the charges. Only gross and inexcusable delays, which are solely the fault of the honor council, may serve as grounds for dismissal. A request for dismissal should be made (in writing) to the dean.
Let the section be amended to read:
4. Honor Council hearings are administrative hearings and as such, attorneys are not permitted in the hearing to represent the accused. Each accused student does have the right to be accompanied by an advisor (faculty, family member, or other). The Honor Council officers must approve any additional advisors. Advisors may actively advise the accused but shall have no interaction with other members of the Council.
5. The accused shall be allowed to present witnesses during the hearing. The witnesses’ names, affiliations (friend, brother etc.) and reasons for appearing must be submitted to the Honor Council prior to the scheduled hearing date. The number of character witnesses is requested to be held to four at the most so the hearing can be conducted in a timely and functional manner.
6. The accused will be given reasonable and adequate time for the preparation of a defense. The accused will have prior access to and notice of evidence to be presented to the Honor Council at the Formal Hearing and have the right to call witnesses in his or her defense.
**[Subsequent numbering will be bumped down one place each, so the ramining sections will be 7-13]
Student Government President