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School of Law Code of Professional Conduct
Professional Responsibility and Integrity
Honesty, integrity, and a sense of mutual trust are essential to the legal profession. Students preparing to enter the profession should be aware of the importance of these qualities and should conduct themselves honestly in all their professional activities, including the School of Law. Cheating, plagiarizing, or otherwise falsifying results of academic work or study are prohibited. Students who collaborate on course assignments or papers should seek prior approval from the instructor to determine what degree of collaboration is acceptable. Students should also seek prior approval before submitting a paper or other work for which they have already received academic credit in another course; such “double dipping” generally is not allowed. In addition, providing false or misleading information to the University concerning an admission or scholarship application, a job resume or job application, or any other activity is forbidden.
Violation of these rules constitutes grounds for discipline by the law school. Discipline may include, but is not limited to, suspension from certain student activities, suspension from the school, and expulsion. Additionally, an instructor may impose academic sanctions for a violation that casts doubt on the integrity of a student’s academic work. Academic sanctions may include, but are not limited to, a course grade of F. Law students are also subject to the University Conduct Code (see Chapter 18). The law student honor code follows.
Rule I: General standard of conduct and scope of responsibilities
A law student shall act with honesty and candor and fulfill obligations of good faith and fair dealing in relations with peers, University faculty and staff, and the professional legal community at large. A student shall not violate any of the rules and regulations established by the law school.
Rule II: Candor and honesty
A law student shall not knowingly
1. Plagiarize or fabricate in any work, including but not limited to
a. Turning in assignment which is not the student’s own work
b. Turning in examination which is not entirely the student’s own work
2. Furnish false information, including but not limited to
a. Providing false records or resumes to the law school and/or to a potential employer
b. Falsely signing law school attendance records
3. Cheat in any exercise, including but not limited to
a. Discussing any examination during the exam with anyone
b. Giving, receiving, or soliciting aid during any exam, unless specifically permitted
c. Using any materials in any exam except those that are specifically permitted by the written exam instructions
d. Exchanging materials with another student during any exam unless specifically permitted
e. Continuing to write any exam answer when the exam time has expired
4. Forging or misrepresenting any law school document or record, or using any such document or record in an unauthorized manner
5. Stealing, vandalizing, defacing, or otherwise misusing law school property
Rule III: Fairness to other students
A law student shall not knowingly
1. Obstruct another student’s access to legal knowledge by removing, altering, destroying, or concealing any library or other relevant law school material, or by counseling or assisting another person to do so
2. Seek to invade privacy by gaining access to another student’s social security number, campus ID number, blind grading ID number, resume, records, or grades
3. Refuse to appear as a witness in a hearing conducted pursuant to this code concerning the subject matter of the hearing about which the student has relevant information
Rule IV: Discipline procedures
1. Initial proceedings before the senior assistant dean for student services
Any person may refer allegations of violation of these rules, orally or in writing, to the senior assistant dean for student services, who has the sole authority to initiate proceedings hereunder. If the senior assistant dean decides to initiate proceedings, he or she shall dispose of the matter informally or refer the matter for hearing to (a) a committee of the Panel on Student Conduct or (b) an outside hearing officer appointed for that purpose. These regulations apply in all respects to an outside hearing officer as if he or she were the hearing committee.
In disposing of an allegation informally, other than by its dismissal, the assistant dean shall provide the accused student an opportunity to respond to the allegations. The senior assistant dean may impose any of the sanctions authorized by these rules or make such other disposition as is deemed appropriate. The disposition shall indicate whether or not sanctions other than formal suspension or dismissal shall be noted on the student’s transcript.
If the matter is handled informally and the accused student disagrees with its disposition, a hearing before a hearing committee of the Panel on Student Conduct shall be convened at the student’s written request. This request must be received by the senior assistant dean within 15 days of the disposition.
Before final action on an alleged violation, the senior assistant dean may impose any appropriate sanction on an interim basis when there is reasonable cause to believe that such action is needed to (a) protect the health, safety, or welfare of members of the law school community, or (b) avoid disruption of the academic process. Notice of action hereunder shall be given expeditiously. When interim sanctions are imposed, the disciplinary process shall proceed expeditiously.
2. Panel on student conduct
Each year the dean shall appoint seven persons (faculty and students) to serve as members of the Panel on Student Conduct. The dean shall appoint one member to chair the panel. When a hearing is required, the panel chair shall appoint three members of the panel to serve as a hearing committee, designating one member as committee chair. The three-person committee shall be composed of two faculty members and one student.
3. Hearing
The accused student shall be given written notice, within a reasonable time period prior to the hearing, including a brief statement of the factual basis of the charges, the law school policies or regulations allegedly violated, and the time and place of the hearing. The student may be represented by counsel or other representatives of the student’s choice. The law school shall be represented by the senior assistant dean for student services or his/her designate.
The student and the law school shall have the opportunity to present documents and witnesses and to confront and cross-examine witnesses. The law school shall bear the burden of proof by clear and convincing evidence. The law school shall make an adequate record of the hearing by written memorandum, tape recording, or otherwise. The hearing shall be open unless the student, the law school, or a majority of the hearing committee requests that it be closed. The hearing committee shall have the discretion to prescribe its procedures for matters not addressed herein. For example, the hearing committee may require that
a. Oral evidence shall be taken only on oath or affirmation.
b. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.
The hearing committee may impose any of the sanctions authorized by these rules or make such other disposition as is deemed appropriate. The hearing committee’s disposition shall indicate whether or not the sanctions other than formal suspension or dismissal shall be noted on the student’s transcript. If the student does not appeal the hearing committee’s disposition as described below, such disposition will be final.
4. Appeal to the dean
A disciplined student may appeal the decision of the hearing committee to the dean of the law school in writing. Appeal must be made within 30 days of the date of the decision.
On appeal, the dean shall review the written decision of the hearing committee. The dean may reverse the hearing committee’s findings, or reduce the sanctions it imposed, only if he/she strongly disagrees with the committee’s decision. The dean may not assess a greater sanction than that imposed by the committee.
The dean shall issue a written decision affirming or overruling the findings and/or modifying the sanction of the hearing committee. A copy shall be sent to the student and the committee members. If the dean overrules or modifies in any respect the decision of the committee, the written decision shall include the reasons for this action. The dean’s decision is final.
5. Report of disciplinary procedures
The senior assistant dean for student services shall issue a brief report to the faculty and student body describing the disposition of matters arising hereunder, not including the names of the parties. The report shall be available for general inspection at the office of the assistant dean.
Rule V: Discipline/sanctions
Any one or a combination of the following sanctions may be imposed for a violation of these rules:
1. Warning: written notice to the student that a future violation of this code will be cause for disciplinary action as herein provided
2. Censure: written reprimand for a violation of this code
3. Exclusion from activities: exclusion from participation in designated classes or activities for a specified period
4. Formal suspension: termination of student status, and possible exclusion from designated areas of the campus, for a specified period
5. Dismissal: permanent termination of student status
6. Interim suspension: exclusion from classes, other designated activities, or designated areas of the campus before final action on an alleged violation when there is reasonable cause to believe that such action is in the best interest of the law school
7. Restitution: reimbursement to a person or organization, including the law school, injured due to the violation of this code
8. Grade reduction: denial of course credit or grade reduction to an administrative F when the relevant misconduct consists of cheating on an exam, plagiarism in a paper, or other academic dishonesty
Formal suspension, dismissal, and any other sanctions ordered to be so noted shall be noted on the student’s law school record. The school will report any such sanctions to any state bar to which the student has been previously certified for admission. All disciplinary sanctions, whether or not noted on the student’s record, will be reported to any licensing authority making inquiry.
Remedies provided herein are not exclusive of the right of a faculty member to make his or her own determination of grades.
Mediation
At any time before the start of a hearing concerning a violation of this code, the senior assistant dean for student services or the individual(s) involved may request mediation. Both the senior assistant dean and the individual(s) must agree to the mediation. The mediation shall be informal and confidential. A mediator may be chosen jointly by the parties from a list of (a) law school faculty who have volunteered to be part of the mediation process or (b) qualified members of the University community. The mediator may also be any other person agreed upon by the parties. If the matter is not resolved to the satisfaction of the parties within a reasonable time, the alleged violation will be processed pursuant to the discipline procedures of Rule IV.
Definitions
- Cheating: intentionally using or attempting to use unauthorized materials, information, or study aids in any academic exercise; exceeding any limits set for an exam
- Exam, examination: all examinations, including take-home and make-up exams
- Fabrication: intentional and unauthorized falsification or invention of any information or citation
- Fraud, fraudulent: conduct having a purpose to deceive, not merely negligent misrepresentation or a failure to apprise another of relevant information
- Knowingly, known, knows: actual knowledge of the fact in question, which may be inferred from circumstances
- Plagiarism: intentionally or knowingly representing the words or ideas of another as one’s own
- Reasonable, reasonably: when used in relation to conduct by a student, the conduct of a reasonably prudent and competent student
- Reasonably should know: when used in reference to a student, a student of reasonable prudence and competence would be able to ascertain the matter in question
- Substantial: when used in reference to degree or extent, a material matter of clear and weighty importance
