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COLE: Yes, could I have a definition of the assenting in silence doctrine, please <br />CHAIR: --Hold on a second, hold on a second. I think we got the gist of what you're <br />saying, and I'm sure we're going to have more questions for you. <br />COLE: But actually she's brought this up numerous times, and it's very important in this <br />matter that a legal definition be rendered to this court. <br />CHAIR: Okay <br />COLE: - -I believe it's on page 124 of the latest Black's Law Dictionary <br />CHAIR: -- Counselor, can we get a brief overview of this rule, please? <br />SCHOEN: Mr. Chair, I believe that this Board has sufficient information before it based <br />upon the information before it, and it can give a decision today <br />CHAIR: -­I agree with that, but <br />COLE: - -Would you like me to give an explanation of the assenting in silence <br />CHAIR: --A brief one, yes. <br />COLE: Yes. The assenting in silence doctrine states that if accusations and assertions <br />are made that can fairly be interpreted as true or valid, despite the silence of the accused, <br />then such accusations are determined to be accurate and valid, even though it's silence. <br />In other words, if you're asked did you go out last night and carouse, and you come home <br />drunk and everything else and go, oh you don't say anything, that's assenting in silence. <br />CHAIR: You saw me? <br />COLE: I've been around. <br />CHAIR: Okay, I understand <br />COLE: --But it's also the fact that it's been brought up in court and she was fully <br />aware <br />CHAIR: - -Yes, you made that clear <br />COLE: - -that if she did not respond <br />CHAIR: - -You made that clear <br />COLE: - -Yes, and the obligation of an elected official to respond to the public. <br />CHAIR: Okay. <br />17 <br />