INFORMATION FOR WITNESSES

The Witness: Questions and Answers

The Witness: A person who is asked by the Office of Student Conflict Resolution (OSCR) to help with the Complaint Resolution process by providing information that is relevant to an incident being arbitrated under the Statement of Student Rights and Responsibilities (Statement).

What does it mean to be a witness?
What will I have to do?
What if I don't feel comfortable being a witness?
Will I have to “take the stand?”
I can’t make the arbitration but I still want to help. Is there anything I can do?
How much time will my participation take?
What should I do if someone asks me to lie or deceive?
Who can I talk to about the incident or the arbitration?
Will I have to face the people involved in the arbitration?
What can I do to help my friend who’s in this process?
Can OSCR give me the details of the case if the person who asked me to be a witness won’t?
What should I do if I think someone is lying?
What should I wear to the arbitration?
What should I do if I am also a witness in a civil or criminal case regarding the same incident?
I know both participants and do not want to be caught in the middle. What should I do?
Who can find out about my involvement in this case?

Q: What does it mean to be a witness?
A: You are asked to be a witness to an incident that may have involved student misconduct. You are not considered a witness for or against the complaining witness or the accused student.

Q: What will I have to do?
A: You have been asked to provide information about an incident that is being arbitrated. You do not need to prepare a statement. During the arbitration, you will be asked questions by a Resolution Officer and/or members of a Student Panel, the complaining witness and the accused student. The questions can be both general and specific, and they may cover the incident, other information relevant to the charge(s), or your judgment (e.g., Does this frequently happen after midnight?). You should answer the questions truthfully and honestly.

Q: What if I don’t feel comfortable being a witness?
A: 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. OSCR encourages you to take part in this process as fully as you can.

Conflict resolution is designed to be as positive an experience as possible. If you are concerned for your safety or for future problems, talk to the Resolution Coordinator (RC). The RC will work to create an environment where you feel comfortable and safe.

Q: Will I have to “take the stand?”
A: An arbitration is very informal compared to court proceedings. Everyone present sits around a conference table, including you. You will remain outside of the conference room until it is your turn to provide information. First you will be ask ed questions by the Resolution Officer or the Student Panel and then by each party. After you are finished, you may be asked to remain outside the conference room for 10 to 15 minutes to be available for follow-up questions.

Q: I can't make the arbitration but I still want to help. Is there anything I can do?
A: You may write a statement providing relevant information. If you are out of town or cannot leave your place of employment, you may be able to participate by telephone. Please discuss these options with an OSCR staff member.

Q: How much time will my participation take?
A: Typically, an arbitration is held in the evening and often lasts for several hours. Witnesses spend about 15 to 20 minutes in the conference room answering questions, but it is difficult to anticipate how long it will be before you are asked to provide information. The complaining witness and the accused student will be asked questions and will question each other before you enter.

You will be scheduled for an approximate time to participate, but expect that you might not be asked into the arbitration at that time. Consider bringing work or something to read; if possible OSCR will provide you with workspace. If you have time constraints, please tell an OSCR staff member. OSCR apologizes in advance for any inconvenience this may cause.

Q: What should I do if someone asks me to lie or deceive?
A: Don’t. Lying and deceiving during the resolution process is a violation of the Statement.

Lying does not resolve conflict in a way that is consistent with our community’s values. If you feel pressured, talk to someone in OSCR or withdraw as a witness.

Q: Who can I talk to about the incident or the arbitration?
A: If you feel you need emotional support, remember that, although conflict resolution is a confidential process, 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 resolution process.

Be careful not to interfere with the resolution process by your interactions with others involved in the case. Carrying information between the parties or interfering with the Statement process may discredit you.

For procedural information and general advice, talk to any OSCR staff member.

Q: Will I have to face the people involved in the arbitration?
A: Both parties will have the opportunity to ask you questions. Remember that you are not a witness for or against someone, even though the information you provide may be more supportive of one person than another.

If you are uncomfortable it is possible that special arrangements can be made.

Q: What can I do to help my friend who’s in this process?
A: Speak honestly and openly during the arbitration.

If your friend is upset or angry, help them focus on resolving the conflict 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 and scheduled event. If your friend is found responsible for violating the Statement, urge her or him to complete the assigned sanctions on time.

Inform yourself about the Statement and the resolution process, and ask questions. Encourage your friend to become informed as well.

Q: Can OSCR give me the details of the case if the person who asked me to be a witness won’t?
A: The Resolution Officer and/or Student Panelists are interested in information and beliefs that you have. The details you don’t know should not interfere with your role as a witness. If you feel the lack of information is making your participation difficult, OSCR will try to offer assistance.

Q: What should I do if I think someone is lying?
A: Talk with the individual and tell him or her how you feel. Much of the resolution 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 under the Statement (as a student) or under a Regents’ Bylaw (as a University employee) for providing false and/or misleading information and for interrupting the resolution process.

You may also talk to the RC or the Resolution Officer assigned to the case.

Q: What should I wear to the arbitration?
A: OSCR suggests you wear something nice but casual, as if you were going out to dinner with friends or giving a presentation to a class.

Q: What should I do if I am also a witness in a civil or criminal case regarding the same incident?
A: Inform the RC of your situation and he or she will help you determine the most appropriate way to proceed.

Q: I know both participants and do not want to be caught in the middle. What should I do?
A: Often, witnesses find themselves in this situation, which may feel very compromising. However, OSCR encourages your participation. If you are unsure, talk with the RC about the benefit that the information you provide will offer to resolution and the effects your participation or lack of participation may have on your relationships with both individuals. A good friend should not be upset with you for describing the situation as it took place. You may talk over the situation with an OSCR staff member.

If you want to talk your decision over with someone not connected with the incident or the arbitration, consider talking to someone who has legal client confidentiality privilege, such as a counselor at Counseling and Psychological Services (CAPS) or Sexual Assault Prevention and Awareness Center (SAPAC), an attorney, or a doctor.

Q: Who can find out about my involvement in this case?
A: Student conflict resolution is a confidential process; only OSCR staff and individuals participating in the arbitration should know that you have participated.