University of Virginia Library

Ex—Student Asks
For Open Hearing

By STEVE GRIMWOOD

Photo by Richard Bryant

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Richard Carmona, a former fourth-year
College student expelled from the
University for shoplifting, has requested a
public hearing before the Honor
Committee to determine whether there is
sufficient cause for an appeal of the
conviction.

Pat Whitlow, vice chairman of the
Honor Committee, said this is only the
second time in memory that a dismissed
student has requested that such a hearing
be held in public.

Mr. Carmona was convicted of an
honor offense in a trial held on December
4 of last year. The trial was held after Mr.
Carmona had pleaded guilty in Albemarle
County Civil Court on November 11 to a
charge of shoplifting.

In a letter to the Honor Committee on
December 17, Nicholas Chimicles, chief
attorney for Mr. Carmona, stated that the
"basis of the appeal will be good cause
because of the lack of substantial
evidence to support the Committee's
decision."

Mr. Chimicles stated further that there
are "two aspects of good cause that will
be stressed on appeal. First, it will be
argued that the Honor Committee
violated the procedural features and
principles set forth in the blue sheet by
allowing honor charges to be brought
before the Committee which constitutes
double jeopardy."

"Second, it will be contended that, in
light of all the surrounding circumstances,
the actions of the accused were not
reprehensible enough to be within the
scope of the Honor System, and that the
Honor Committee erred in its
determination that an honor offense had
been committed."

Good Cause

Good cause, as defined by the Honor
Committee, is an infringement of one or
more of the rights of the accused during
an honor trial. These rights include: the
right to be advised of the nature of the
accusation; the right to be informed of
the nature of the evidence against him;
the right to be heard in his own defense
but to avoid self-incrimination; and the
right to be represented by counsel of his
choosing from the student body.

Further rights are: the right to
acquittal except where substantial
evidence supports the accusation; the
right to confront and cross-examine the
witnesses against him; the right to
challenge Honor Committee members
upon the presentation of sufficient cause:
and the right, if found guilty, to access to
a record of the proceedings.

Before 1969, an appeal could be
granted only on the submission of "new
evidence." In that case, the same
Committee members who presided at the
original hearing would also sit for the
appeal. But in 1969, the Honor
Committee added "good cause" as a basis for an appeal.

Procedural error which is harmless
when viewed in the overall context of the
trial shall not be considered good cause.

The hearing will be held Saturday, at 10
p.m. Attendance will be limited due to
room size, and several rules of conduct
for spectators have been set by the Honor
Committee. (See box).