He has not acknowledged any guilt, taken any responsibility, or even made a response, despite havign a query on his log-in page. Absolutely that should be held against him.
I'm not sure of that. In a real court you do have the right to remain silent, and it won't be held against you if you do. I would say that anyone accused has an opportunity to respond, and can try to clear his name that way. Not saying anything is not an admission of guilt, though.