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HONOR CODE CONSTITUTION
The University of Georgia
Law School
As
Amended September 26, 2001
In keeping with the spirit
of the legal profession, knowing that upon every student at the Law School
rests the duty to maintain a Code of unimpeachable conduct, and that there
is a need for a system which will enable students not to condone other
conduct which detracts from the integrity of our Law School, this Honor
Code Constitution is hereby ordained and established.
ARTICLE I. JURISDICTION
The jurisdiction of the Honor
Court extends to all students of the University of Georgia Law School.
The Honor Court has jurisdiction to determine whether a student defendant
has violated the Honor Code in any instance in which a complaint is filed
by any member of the law school community with the Honor Court Investigators
or their advisor.
ARTICLE II. HONOR COURT
Section 1. Purpose.
There shall be a body known as the Honor Court. The Honor Court shall serve
as a court for the trial of violations and the determination of punishment
in cases of guilt.
Section 2. Membership.
The Honor Court consists of a Hearing Panel and a Hearing Officer, and
shall be assisted by an Investigators Committee.
a. Hearing Panel.
The Hearing Panel consists of five student justices, two of whom shall
be chosen from the second-year law class, and three from the third-year
class. In cases involving students of the first-year class, one member
of the Hearing Panel must be a first-year student from a section other
than that of the accused. The first-year representative shall be selected
from the panel described in Article II, Section 4(a). The justices
shall be nominated by the members of their respective classes, and shall
be elected by a majority of those persons voting in their respective class
elections by secret ballot. All justice shall serve a term of one year,
and may be reelected to a second term.
b. Hearing Officer.
A member of the faculty appointed by the Dean of the Law School shall serve
as the Hearing Officer. The Hearing Officer shall serve a term of two years,
during which time (s)he shall manage investigative and hearing procedures
under Article IV. The Hearing Officer is not a member of the Hearing Panel,
does not vote to determine guilt or innocence and does not participate
in the private deliberations of the Hearing Panel. The Hearing Officer
shall determine all procedural questions presented during Article IV proceedings.
The Hearing Officer, however, cannot rule upon motions regarding probable
cause determinations by the Associate Dean for Academic Affairs or upon
any motions that require rulings on the merits of the case.
c. Investigators Committee.
Five students shall comprise an Investigators Committee, two of whom shall
be chosen from the second-year class, and three from the third-year class.
In cases involving first-year students, one member of the Investigators
Committee must be a first-year student from a section other than that of
the accused. The first-year representative shall be selected from the panel
described in Article II, Section 4(b). The investigators shall be nominated
by the members of their respective classes, and shall be elected by a majority
of those persons voting in their respective class elections by secret ballot.
Each investigator shall serve a term of one year, and may be reelected
to a second term.
(1) Chief Investigator.
One of the third-year investigators shall be Chief Investigator. The nominations
for Chief Investigator shall be the three investigators elected by the
rising third-year class. The Chief Investigator shall be elected by a plurality
of all votes cast by an electorate comprised of the rising second and rising
third-year classes.
(2) Prosecutor. In
the event of a formal adjudication under Article IV, one investigator shall
be selected by the Chief Investigator to serve as Prosecutor.
Section 3. Powers. The
Honor Court shall hear cases alleging violations of the Honor Code; determine
guilt or innocence; determine penalties; promulgate any and all regulations
and procedures necessary for the efficient and fair operation of Honor
Court matters; and publish such of its conclusions and proceedings as it
determines to be advisable and wise, consistent with the student's right
to confidentiality if the student should elect that the trial be secret.
Section 4. Elections and
Nominations of First-Year Representatives.
a. Hearing Panel.
No later than the third week in October, members of the first-year class
will submit nominations for membership on the Hearing Panel. In order to
be considered, a first-year student must provide the signatures of fifty
classmates that support, not necessarily exclusively, the student’s nomination.
Those applying to the Hearing Panel are not prohibited from also applying
to the Investigators Committee, and the collected fifty signatures satisfy
the nomination process for both Committees. The Hearing Panel will interview
those who received the necessary signatures. Criteria that may be used
by the Hearing Panel in choosing are seriousness of candidate, previous
experience, and availability for meetings. The interviews will conclude
within one week of their commencement. The Hearing Panel shall then select
one, properly nominated, first-year student from each section to serve
as a first-year representative to the Hearing Panel. If a section produces
no properly nominated first-year representatives for the Hearing Panel,
the Hearing Panel will have the discretion to select a representative from
such section.
b. Investigators Committee.
No later than the third week in October, members of the first-year class
will submit nominations for membership on the Investigators Committee.
In order to be considered, a first-year student must provide the signatures
of fifty classmates that support, not necessarily exclusively, the student’s
nomination. Those applying to the Investigators Committee are not prohibited
from also applying to the Hearing Panel, and the collected fifty signatures
satisfy the nomination process for both Committees. The Investigators Committee
will interview those who received the necessary signatures. Criteria that
may be used by the Investigators Committee in choosing are seriousness
of candidate, previous experience, and availability for meetings. The interviews
will conclude within one week of their commencement. The Investigators
Committee shall then select one, properly nominated, first-year student
from each section to serve as a first-year representative to the Investigators
Committee. If a section produces no properly nominated first-year representatives
for the Investigators Committee, the Investigators Committee will have
the discretion to select a representative from such section.
ARTICLE III. HONOR CODE
Section 1. Definitions
a. "Academic
matter" means all matters that relate to:
(1). Any law school
course;
(2). Any law school examination;
(3). Any matter for which
law school credit is given or sought;
(4). Any non-electoral competition
for membership in any law journal or other student organization; or
(5). Material submitted
for publication in any law journal.
b. "Person in authority"
means all faculty of the law school (including visiting and adjunct faculty),
all employees of the law school with responsibility in connection with
any academic matter, and all professional library staff members.
c. "Associate Dean"
means the Associate Dean for Academic Affairs for the Law School.
Section 2. A student
violates the Honor Code if he/she:
a. Knowingly
makes a materially false or deceptive statement to a person in authority
in connection with an academic matter; or
b. Engages in conduct
in connection with an academic matter either:
(1) For the purpose
of gaining an unfair advantage over another student, or
(2) Under circumstances
such that a reasonable law student would know that the conduct was likely
to result in an unfair advantage.
Section 3. Examples of Honor
Code Violations
As illustrations of conduct
which violates the provisions in Section 2, the following specific forms
of conduct by students are violations of the Honor Code:
a. Violation
of any procedure adopted by any person in authority for an examination
or any other graded material, including but not limited to:
(1). Use of unauthorized
materials;
(2). Writing beyond the
time limit of the examination;
(3). Communication with
any unauthorized person during the examination or the preparation of the
graded material; or
(4). Communication concerning
the examination or preparation of the graded material with any student
who already has taken or who has yet to take the examination.
b. Purposeful destruction,
mutilation, secretion, or unauthorized removal of any law school property,
including library material.
c. Purposeful invasion,
including by computer, of the security maintained for the preparation or
storage of examinations or other confidential information retained by the
law school.
d. Submission, except
by permission of the relevant person in authority after full disclosure,
of any work prepared, used, or submitted in another course or for a law
journal, clinic, employer, or any other organization.
e. Agreeing, soliciting,
attempting or agreeing to commit, assist, or facilitate a violation of
this Article.
f. Failure to report
a known violation of this Article within a reasonable time.
g. Failure to provide
information or testimony when requested by the Honor Court, except upon
a showing of good cause.
h. Making a false
representation about one's academic record or law school activities to
a prospective employer or to another academic institution;
i. Unauthorized use
of academic materials, such as library books;
j. Unauthorized taking
of another student's books, class notes, outlines, study materials or computer;
k. Violation of the
confidentiality rules created by the Honor Code Constitution.
Nothing in this section shall
be construed to limit in any way the provisions of Section 2 of this Article.
Section 4. This Article
does not apply to plagiarism. Conduct alleged to constitute plagiarism
remains within the authority of the faculty.
Section 5. All incoming
students shall sign the following pledge on matriculation.
I, the undersigned,
have read the School of Law Honor Code Constitution, and understand what
is expected of me as a student, including my obligation to report violations
to which I am a witness or of which I am aware.
_____________________________________
Signature
The pledge remains in
effect until (a) graduation or (b) termination of education prior to graduation.
ARTICLE IV: INVESTIGATIVE
AND HEARING PROCEDURES
Section 1. Referral,
Investigation, and Probable Cause Determination
a. Reporting
Procedure
All students and faculty
(full and part-time) who reasonably believe that a violation of the Honor
Code has occurred have an affirmative duty promptly to report the violation
to the Chief Investigator. A complaint may be made by any other person
with knowledge of a violation, including staff members and administrators
of the law school. The complaint must be in writing, signed by the complainant.
b. Preliminary Investigation
Within three (3) days of
receiving a complaint, the Chief Investigator shall assign an investigator
to the case and the complaint. If the complaint alleges a
violation by an upperclass student, only an upperclass student may serve
as investigator. If the matter involves a first-year student, a first-year
representative, not from the section of the accused, may serve as the investigator.
The Investigator shall then commence an investigation within five (5) days.
The inquiry shall be undertaken in a manner determined by the Investigator
to be appropriate, based upon the nature of the charges, the confidentiality
of the investigation, and the interest of the parties. The Investigator
may interview the accused student and others. Those interviews may be tape
recorded. The Investigator shall maintain the strict confidentiality of
the investigation. Students, faculty, staff, and administrators have a
duty to cooperate with the Investigator. The accused student may decline
to be interviewed. At the beginning of an interview with the accused student,
the Investigator shall advise the student of the allegations and of the
student's right to decline to be interviewed and to have lay representation
by anyone other than a member of the Law School faculty or staff.
c. The Investigators'
Report
(1). Submission
of Report. Not later than fifteen (15) days after the commencement of the
investigation, the Investigators Committee shall submit a written report
to the Associate Dean for Academic Affairs. The report must contain a recommendation
of any further action that the Investigators Committee believes to be warranted.
If the matter involves a first-year student, a first-year representative,
not from the section of the accused, will participate in the deliberation
of the Investigators Committee. The Chief Investigator shall select one
of the eligible first-year representatives as described in Article II,
Section 4(b). When the Investigators Committee is required to vote on an
accusation against a first-year student, the Chief Investigator shall preside,
but not vote. If the Investigators Committee believes in good faith that
a Hearing Panel could not reasonably find that the accused student committed
an Honor Code violation, the Investigators Committee shall recommend dismissal.
(2). Nature of the proceeding
before the Associate Dean. Pre-hearing proceedings before the Associate
Dean are strictly for the purpose of determining whether there is sufficient
evidence (probable cause) to warrant a formal charge. The proceedings need
not be conducted as formal hearings.
(3). Appeal. A decision
by the Associate Dean to dismiss the charge or proceed with the charge
is not appealable within the Law School. If the charge is dismissed, a
later charge may not be brought against the same student based on the same
factual episode.
d. Actions Permitted
(1). Declination.
If the Associate Dean concludes that there is not probable cause to believe
that an Honor Code violation occurred or that the accused student committed
the violation, the Associate Dean shall issue a declination to prosecute.
If a matter is declined,
the Chief Investigator shall notify in writing the complainant (and other
persons interviewed by the Investigator who of necessity learned the identity
of the accused student) of the action taken. The complainant and
those who have learned the accused's identity must be warned of the confidentiality
of the matter and admonished not to disclose to others the student's identity.
If the accused student was
contacted by the Investigator during the inquiry, or if the case Investigator
reasonably believes that the student has become aware of the complaint
or investigation, the Chief Investigator shall notify the student of the
declination.
(2). Referral to Honor
Court for prosecution. If the Associate Dean concludes that there is
probable cause to believe that an Honor Court violation occurred and that
the accused student committed the violation, he/she shall deliver a letter
to the Hearing Officer and to the Chief Investigator, stating his/her probable
cause determination. The letter must contain the name of the accused student
and the specification of the Honor Code provision(s) violated, with a brief
statement summarizing the specific acts or omissions constituting the violation(s).
(3). Undertake further
investigation. When the interests of justice and the parties require,
the Associate Dean may order further investigation by the Investigators
Committee not to exceed fifteen (15 ) days, at which time the Committee
shall submit a report to the Associate Dean. At that point, the Associate
Dean will either decline or refer the matter for prosecution.
(4). The case file.
In a matter closed without prosecution, a memorandum from the Associate
Dean explaining this determination shall be placed in the case file. The
case file containing the original complaint, tape recordings or other investigatory
materials, the case Investigators' report, the memorandum decision, and
copies of the notification letters sent to affected persons must be securely
maintained in the office of the Associate Dean. The student's law school
file may not reflect that an investigation has taken place.
Section 2. Case
Prosecution
a. Notification
of Student
Unless a finding of good
cause has been made by the Associate Dean to extend the period, within
five (5) days of the Associate Dean's probable cause finding, the Chief
Investigator shall hand deliver to the accused student ("respondent") notice
of the probable cause determination, along with a copy of the Honor Code
Constitution. The notice must inform the respondent of:
(1). The nature
of the charges against the student: the specific Honor Code section(s)
alleged to have been breached and summary of the specific acts or omissions
constituting the violation(s);
(2). The rights the accused
shall enjoy during all subsequent Honor Court proceedings in the case,
including:
(A) the right to
counsel, lay or professional. A professional counsel's role is limited
to advising the accused or the accused's lay counsel and is not to participate
in oral advocacy before the Honor Court. No "person in authority" [as defined
in this Constitution] employed by the Law School can serve either as lay
or professional counsel;
(B) the right to confrontation;
(C) the right to call witnesses
on his/her behalf;
(D) the right to present
evidence on his/her behalf;
(E) the right to remain
silent and have no inference of guilt drawn from such silence;
(F) the right to cross-examine
witnesses; and
(G) the right to a public
hearing.
(3). The burden of the prosecution
to establish the charge(s) by clear and convincing evidence;
(4). The sanctions available
to the Honor Court, which include but are not limited to one or more of
the following:
(a). written reprimand
(b). community service
(c). loss of privileges
within the law school
(d). failure of a course
(e). repeat of a failed
course
(f). suspension or probated
suspension
(g). expulsion.
(5). The fact that any sanction
imposed on the student will be noted in the student's permanent record/transcript,
and;
(6). The opportunity during
the ten (10) days following delivery of the letter to contact the case
prosecutor (identified by name) and consent to a stated discipline, subject
to Honor Court approval, thereby avoiding trial.
b. Formal Adjudication
(1). Convening
the court. If the respondent does not respond to the invitation to
consent to discipline or if no agreement is reached within the prescribed
time limits, the case investigator (now "prosecutor") shall promptly notify
the Hearing Officer that the matter can be set for a hearing on the merits.
Upon receipt of such notice, the Hearing Officer shall promptly convene
the Honor Court. If the respondent is a first-year student, the upperclass
members of the Hearing Panel shall select one first-year representative
as described in Article II, Section 4(a) to join the Hearing Panel. The
Hearing Panel may not select a first-year representative from the section
of the accused. In matters involving first-year students, a senior member,
chosen at the discretion of the upperclass members of the Hearing Panel,
will not vote in the adjudication or sanction process.
(2). Notice. The
court shall set a hearing date, time, and place and hand deliver to the
Chief Investigator and the respondent a conforming notice, which shall
contain the names of the members of the court. Except for good cause, the
hearing on the merits must be held within fifteen (15) days of the convening
of the court.
(3). Disqualifications.
Any member of the Honor Court or member of the Investigators Committee
may disqualify himself or herself from investigating or hearing any reported
violation. The respondent shall have the right to challenge for cause members
of the court. The Hearing Officer shall rule on any challenges. A vacancy
created on the Committee may, if necessary, be filled by a temporary member,
selected by the Chief Investigator in consultation with the Hearing Officer.
A vacancy on the Hearing Panel may be filled if necessary, by a temporary
member selected by the Dean, provided that the temporary member be a member
of the same class as the disqualified member. In the event that the Hearing
Officer must disqualify himself/herself from involvement with the case,
the Dean shall select a member of the faculty to serve as a temporary Hearing
Officer.
(4). Continuance.
The Hearing Officer may continue or adjourn the hearing without prejudice
if essential evidence is unavailable, or for other good cause shown.
(5). Discovery. Upon
written demand by either the prosecutor or the respondent, he or she shall
be provided a list of his witnesses and copies of any documentary evidence.
The list may be amended up to but not later than twenty-four hours before
the date and time of the hearing on the merits. Once the list is provided,
no person may testify and no documentary evidence may be received into
evidence unless the name or exhibit appears on the list, or the party seeking
to admit the evidence can show good cause for its exclusion on the list
provided to the opposing party.
The prosecution shall disclose
to the respondent any evidence known to him or her that tends to exonerate
the respondent or mitigate the degree of culpability.
(6). Adjudication by
consent.
(a). Discipline
by consent is an admission to one or more of the charges agreed to by the
prosecutor and the respondent. The agreement must be in writing and approved
by the Associate Dean and at least four (4) members of the Investigators
Committee. The writing must contain the charge specifications, an admission
of the conduct signed by the respondent, the sanction to be imposed, and
any factors in aggravation or mitigation as determined by the prosecutor,
who shall, along with the Chief Investigator, sign the agreement on behalf
of the Investigators Committee.
(b). The agreement must
be submitted to the Hearing Officer, who shall promptly convene a pre-hearing
conference to determine whether the Hearing Panel will accept the agreement
and impose the stated discipline. The respondent (and lay advocate, if
any) and the prosecutor shall attend the prehearing conference. After reviewing
the proposal and the sanction guidelines and after considering arguments
of the prosecutor and the respondent, the Hearing Panel shall deliberate
in private and by majority vote either accept or reject the proposed discipline
by consent. The Hearing Officer will announce the decision of the Hearing
Panel.
(c). If the agreement is
accepted, the Hearing Officer shall sign a conforming order, provide copies
to the parties and to the Dean, and deliver the Honor Court file and the
original order to the Associate Dean to preserve the Honor Court case file
and for prompt assistance, as needed, in implementing the sanction(s).
(d). If the proposal is
rejected, the respondent may admit the violation(s) and request a hearing
on sanction only, or demand to have a hearing on the merits, which shall
be heard on the hearing date previously set. At the hearing on the merits
no evidence may be received or considered by the court regarding the proposed
discipline by consent.
(7). Adjudication by admission.
If the Hearing Officer receives notice from the respondent that he or she
intends to admit the violation(s) and requests a hearing only on the sanction,
the Hearing Officer shall notify the prosecutor that witnesses may be excused
from attendance at the scheduled hearing, except for witnesses that may
be relevant to the sanction. The Hearing Officer shall also notify the
respondent of the hearing date the court will accept the admission and
proceed to the sanction hearing, and that any witnesses relevant to the
sanction need be in attendance.
(8). Adjudication by
a hearing on the merits.
(a). Preservation
of the record. The Associate Dean for Academic Affairs shall arrange
for all adjudicative proceedings to be recorded (either on video or on
audiotape) and for this purpose may employ a person outside the Law School
to prepare such a record under a written agreement of confidentiality.
(b). Nature of the proceedings.
The proceedings of the Honor Court shall not be conducted as a court of
law. The court's goals are to determine the truth and to act justly. Except
for statutory privileges, hearings need not conform to strict rules of
procedure and evidence. Nevertheless, inherent in any judicial body are
notions of fundamental fairness to the parties and due process for the
respondent. The Hearing Officer shall make rulings on the admissibility
of evidence. The Hearing Officer shall assure that all parties have a fair
chance to present their cases and that all witnesses are treated with respect.
If the respondent requests a public hearing, observers may be present.
(c). Presentation of
evidence. The prosecutor may make a brief opening statement setting
forth the alleged violation(s) and the essential facts intended to be established
at the hearing.
The respondent or his or
her attorney or lay advocate may make a brief responsive statement.
The prosecutor shall then
call witnesses and introduce exhibits and documentary evidence. The respondent
or his or her advocate may ask questions of these witnesses and may present
other evidence and witnesses. The Hearing Officer shall administer an oath
to all witnesses.
The respondent may testify
but is not required to testify. The Hearing Panel may not draw inferences
from the silence of the respondent.
Members of the court may
ask questions of witnesses following the examinations by the parties. The
Hearing Officer may disallow questioning that is repetitive, irrelevant,
cumulative, or harassing.
Upon completion of the presentation
of the evidence, the prosecutor and the respondent or his or her lay advocate
may make closing statements.
(d). Deliberation and
verdict. The Hearing Panel shall privately confer and deliberate upon
their verdict, which shall be voted by a secret ballot. Four of the justices
must find evidence of the respondent's violation(s) to have been proven
by clear and convincing evidence before a verdict against respondent can
be rendered.
(e). Sanction hearing.
When the Hearing Officer reconvenes the hearing and announces the Hearing
Panel's findings, the hearing is concluded and the proceedings ended if
the charges were not proven. If the Hearing Panel finds one or more of
the charges true, it shall then receive evidence in aggravation or mitigation
of the presumptive sanctions. The prosecutor has the first opportunity
to offer evidence in aggravation or mitigation. The respondent may then
present his/her mitigation evidence. Both parties may make sanction recommendations
to the court. Regardless of whether the respondent has remained silent
throughout the proceedings, the respondent and his or her lay advocate
may speak to the court regarding the sanction.
(f). Deliberation and
imposition of sanction. In private deliberations the Hearing Panel
shall determine the appropriate sanction(s), mindful of any presumptive
sanctions and of any factors in aggravation or mitigation that warrant
departure from them and which in their sound discretion they may do. The
sanction imposed shall be appropriate in light of the gravity and wilfulness
of the violation. A combination of sanctions may be imposed. Four of the
justices must concur in the sanction(s). When sanction(s) have been agreed
upon, the hearing will reconvene and the sanction(s) will be announced
and the hearing concluded. If the hearing was closed to the public, the
complainant and witnesses may be informed of the decisions.
The court, over the signature
of the Hearing Officer, shall promptly prepare a written report of its
factual findings, its conclusions as to what violations of the Honor Code
occurred, factors in aggravation and mitigation, if any, and the sanction(s)
imposed. The original report shall be delivered to the Associate Dean,
for prompt assistance, when needed, in implementing the sanction(s). A
copy of the report shall be hand delivered to the respondent by the Hearing
Officer.
If the sanction arose from
a consent to discipline, the sanction must be implemented forthwith. In
all other cases no implementing action may be taken if a timely appeal
is filed or until the time for filing an appeal has passed.
ARTICLE V: APPELLATE
PROCEDURES
Section 1. Filing and
the Appellate Panel.
Within fifteen (15) days
of the receipt of the court's report, a respondent may file an appeal with
Dean of the Law School. The respondent's appeal can be based on the inappropriateness
of either: 1) the finding of guilty or 2) the sanction imposed. The prosecutor
can file an appeal based on the inappropriateness of the sanction. The
Dean shall appoint an appellate panel of three faculty members to decide
the appeal. The appeal may include a supporting memorandum and/or a request
for oral argument. Both the respondent and the prosecutor have a right
to appear before the faculty appellate panel. Both the prosecutor and the
respondent may file a responsive memorandum within fifteen (15) days of
the filing of the other party's memorandum. Oral arguments are limited
to twenty (20) minutes each.
Section 2. The Record
on Appeal.
The appellate panel shall
be provided with and shall review as necessary the record on appeal, which
shall contain:
a. the charging
letter from the Associate Dean;
b. all correspondence
between the parties and the Honor Court or hearing court;
c. all motions and
memoranda filed by the parties;
d. the videotape
or audiotape of the hearing on the merits;
e. all exhibits received
into evidence;
f. the written report
of the court; and
g. the appellate
memoranda, except
h. no documents related
to a proposed discipline by consent that was refused by the hearing court
may be part of the appellate record.
Section 3. Appellate Standard.
The appellate panel shall
decide the appeal based upon its review of the pertinent portions of the
record, any appellate memoranda received, the arguments of the parties,
any presumptive sanctions, and the requirements of the Honor Code and its
constitution and procedures and shall affirm the factual findings and conclusions
unless they are clearly erroneous. The appellate panel may not disturb
the recommended sanction(s) unless it is convinced that the recommendation
constitutes a clear abuse of discretion. If the appellate panel reverses
the finding of a violation or the sanctions, it may order a new trial,
dismiss the charge(s), modify the findings, conclusions, and sanction(s)
imposed, or affirm the action of the hearing court. Two-thirds of the members
of the appellate body must agree on the action to be taken, and the written
opinion of the appellate panel shall be delivered to the Dean, Associate
Dean, Hearing Officer, prosecutor and the respondent within ten (10) days
of the panel's decision. The Associate Dean shall promptly facilitate implementation
of the sanction(s) as no further appeal is available within the Law School.
The respondent shall be notified, however, of the opportunity to appeal
to the President of the University.
ARTICLE VI. MISCELLANEOUS
PROVISIONS
Section 1. Records and
Reports.
a. Regardless
of the decision on the merits, the record of the case shall be maintained
in the office of the Associate Dean after termination of the proceedings.
The record may be consulted by the Dean, Associate Dean, the Honor Court,
or the Investigators Committee, or the Prosecutor for any relevant purpose.
b. When a matter
has been formally adjudicated and finally resolved, regardless of the decision
on the merits, the Hearing Officer shall
(1). Prepare a report
of the matter containing the name of the student, the specific sections(s)
of the Honor Code alleged to have been violated, a summary of the relevant
facts, the final decision on the merits and, if a conviction was obtained,
the sanction(s) imposed. This report shall be presented to the Dean for
retention;
(2). Prepare a redacted
version of the report. The redacted version shall be identical to the report,
except that it shall omit the name of the student;
(3). Post the redacted version
of the report in appropriate public places in the law school and file a
copy with the Law Library to be made available to the student body; and
(4). Transmit the redacted
version of the report to the Associate Dean for Academic Affairs for retention.
c. When a matter has
been formally adjudicated and finally resolved and a student is found guilty
of a violation of the Honor Code either after a trial or by a product of
an adjudication by consent:
(1). the report,
with its findings and conclusion, shall be placed in the student's permanent
file; and
(2). the faculty shall be
notified that a student has been adjudged guilty of a violation of the
Honor Code. A copy of the report placed in the student's permanent file
shall be made available in the Dean's Office for inspection by faculty
members. Faculty members, upon inquiries from prospective employers, may
reveal: a) the fact that a student has been found guilty of an Honor Code
violation; b) the extent of the sanction imposed; and c) his or her recommendation
on hiring the student.
Section 2. Record Disclosure.
Neither the content nor the
existence of any disciplinary action may be disclosed, nor may the name
of the accused or convicted student be disclosed, except as noted above
and when required by law or order of a court; when required, consistent
with law by the Dean or Associate Dean, by the Honor Court, or by the Investigators
Committee; or when the student has signed a waiver of confidentiality.
Section 3. Calculation
of Time Periods.
In the calculation of any
time periods referred to in these rules, weekends, law school holidays,
and the day from which the time period begins to run may not be included
in the calculation of the time period.
Section 4. Summer Session.
If a quorum of the Investigators
Committee or Honor Court is unavailable to consider a case during the summer
session, the matter may be postponed until such quorum is available.
Section 5. Finality and
Exclusivity of Sanctions
Any sanctions imposed under
this Honor Code Constitution (either through adjudication by hearing, by
admission or by consent) shall constitute the final action of the Law School.
The Faculty may not later refuse to graduate the respondent solely because
of the sanctions or because of the events from which they arose. However,
if the Faculty has other information relevant to its decision on graduation,
the Faculty may consider the sanctions and the underlying events together
with that other information in deciding whether to recommend the respondent
for graduation.
ARTICLE VII. ENACTMENT
This Constitution shall become
effective upon approval by a majority of those students voting in an election,
with fifty percent of the student body being a quorum, and approval by
a majority of those tenure-track faculty members voting at a called faculty
meeting.
ARTICLE VIII. AMENDMENTS
This Honor Code Constitution
may be amended in the following ways:
a) by a majority
of the Hearing Panel where this proposal is ratified by a majority vote
of those members of the student body casting ballots in a called election
and by a majority of the tenured and tenure-track faculty voting at a called
faculty meeting; or
b) by initiative petition
signed by 100 students enrolled in the Law School and ratified by a majority
vote of those members of the student body casting ballots in a called election
and by a majority of the tenured and tenure-track faculty voting at a called
faculty meeting; or
c) by a majority of those
tenured and tenure-track faculty members voting at a called faculty meeting
and ratification by a majority of the student body casting ballots in a
called election.
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