"The accused student has the right to heareverything that is presented to the committee,"says Kathleen Deignan, assistant dean of students."Being available to expand on what you've written[in a statement] is an important feature."

At the University of Massachusetts at Amherst(U. Mass.), both the accused and the accuser canappear before the judicial hearing board and canrequest witnesses. Both students and the board canquestion all witnesses.

"I think that in order to [be able to defendyourself], you need to be able to hearspecifically what you are being accused of andthen be able to ask questions directly," saysJolene M. Crook, special assistant to the dean ofstudents at U. Mass.

Is there a Lawyer in the House?

Harvard seems to be one of the few top-rankedschools in the country whose disciplinary boarddoes not permit lawyers to attend hearings.

"Lawyers have no role in the Ad Board processand may not attend Board meetings," Lewis wrote inan e-mail message. "The Board is a Facultysubcommittee, set up to administer its rules, andis not a court or an approximation of a court."

Criminal law experts say with cases of suchserious import as rape or sexual assault, there isno excuse for expecting a college student toformulate a defense and to have the legal savvy toanswer each question.

"The idea that an Ad Board can find someoneguilty of rape without counsel...that's wrong,"says Steven B. Duke, a professor specializing incriminal procedure at Yale Law School. "Theyshould have the right to [have] counsel presentand participating."

Fisher says that legally, anything the accusedsays in an Ad Board proceeding could later be usedagainst him or her in court. He says a lawyershould be present to prevent the accused frommaking incriminating statements.

"I think there are real reasons to be concernedwhen you combine an absence of lawyers and aninvitation that the defendant produce astatement," Fisher says.

At Cornell, the defendant's lawyer plays anactive role in the process, questioning andcross-examining witnesses for the other side,according to Falkson.

Before Yale's disciplinary board, "in a casewhere the charge is rape or assault we advise thestudent...that it is their right to bring a lawyerinto the room," Cutler says. "We have to protectthe civil rights of the accused."

At UMTC the accused can chose to have a lawyerpresent the case. The university would then alsoprovide a lawyer for the accuser.

Judged By Peers

Going before the Ad Board means facing a panelof administrators, not of peers. At many otherschools, students sit on the disciplinary board.