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Speak Up! - View Question #474 |
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Question: Can I be charged with a crime at school (assault for fighting) without questioning the witnesses against me?
Answer: A serious assault that occurs at school is often treated both as a crime and as a student conduct violation. Crimes like assault are investigated by the police and may result in a juvenile court hearing in front of a judge. In juvenile court, the accused youth may call witnesses and ask questions of any witness who testifies.
Student conduct violations, like a fight at school, are investigated by a school administrator and may lead to a hearing conducted by another school administrator. In the hearing, the accused student can question witnesses who testify, but if some students have a fear that the person accused of fighting might hurt them because they are testifying, then the hearing officer can exclude student witnesses. In the situation where witnesses are excluded, the school is allowed to prove the assault through the statements of the witnesses and other evidence of what happened.
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