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FAQ for Witnesses
What does it mean to be a witness?
You are asked to be a witness to an incident that may have involved student misconduct. While it may feel as such, you are not considered a witness for or against the complainant or the accused student. Being a witness means that you may have information that is important to resolving a judicial matter.
What will I have to do?
As a witness, you have been asked to provide information about an incident. You do not need to prepare a statement but should be prepared to recount an incident-who was there, what did you see, etc. During the review, you will be asked questions by a Judicial Officer and/or members of a Judicial Board, the complainant's witness and the accused student. The questions can be both general and specific, and they may cover the incident, other information relevant to the complaint(s), or your judgment. You should answer the questions truthfully and honestly.
What if I don't feel comfortable being a witness?
Being a witness is not an easy thing to do. You have been asked to be a witness because you can provide information that may not be available from any other source or because you can supplement information from a written report. Your participation is valuable to the people involved. The university encourages you to take part in this process as fully as you can.
Can I be charged if it is revealed during the review that I also violated a conduct code?
As a general rule, the university is concerned with the more serious charge in a case. Although it is possible, the university does not routinely charge witnesses who admit to minor violations. If you are concerned, talk with a Judicial Officer prior to the hearing.
I can't make the review but I still want to help. Is there anything I can do?
If you cannot attend the review for legitimate reasons, the Judicial Officer may try to reschedule the review or may ask you to write a statement providing relevant information.
How much time for participation should I allow?
There is no guide to tell how long a review will last. Witnesses may spend about 15 to 20 minutes answering questions, but it is difficult to anticipate how long it will be before you are asked to provide information once a review begins. The student involved in the case will be asked questions before any witnesses enter.
You will be scheduled for an approximate time to participate, but expect that you might not be asked into the review at that time. Consider bringing work or something to read. If you have time constraints, please tell the Judicial Officer prior to the review.
What should I do if someone asks me to lie or deceive?
Judicial matters can be very difficult for all students involved. Because the outcome of a case can have serious consequences for an accused student, pressure may be put on witnesses to help the student get out of the situation. If you are presented with a plea to be untruthful or withhold information during a review, you will need to consider the personal consequences. Providing inaccurate information, withholding information, or attempting to otherwise deceive the Judicial Officer will put you in violation of university policy. More importantly, it does not speak well of your character.
Who can I talk to about the incident or the judicial process?
If you feel you need emotional support, remember that, although the judicial process is confidential, you may discuss your emotions and your feelings with others. Specific details about the case and the individuals involved should not be shared.
As a witness you are requested to respect the privacy and confidentiality of those involved. You should not discuss the incident, the people involved, the resolution process and its results with anyone who isn't directly involved with the case. The accused student has the right to seek legal action if you disclose information about her or his involvement in the judicial process.
For procedural information and general advice, talk to a trusted Student Affairs staff or faculty.
Will I have to face the people involved in the review?
The accused student will have the opportunity to ask you questions through the Judicial Officer or Judicial Board. The student will not be allowed to directly ask questions. Remember that you are not a witness for or against someone, even though the information you provide may be more supportive of one side or the other.
What can I do to help my friend who is the accused student?
Speak honestly and openly during the review. If your friend is upset or angry, help them focus on resolving the matter and getting through the process, not fighting it. Encourage your friend to understand her or his rights, to be truthful, and to attend every meeting. If your friend is found responsible for violating university policy, urge her or him to complete the assigned sanctions on time.
What should I do if I think someone is lying?
If you think someone is lying, talk with the individual and tell him or her how you feel. Much of the judicial process is based on trust and respect, which does not allow for deceit. You may remind the person that he or she could be charged with a violation of university policy for providing false and/or misleading information. You may also talk to the Judicial Officer in charge of the case.
What should I wear to the review?
Students should wear something nice but casual, as if you were going out to dinner with family or giving a presentation to a class.
Who can find out about my involvement in this case?
The judicial process is a confidential process. Only those persons directly involved in the case will know that you have participated.
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