PREAMBLE

The Honor Code is intended to cover all student conduct connected with academic activities (i.e., class assignments, exams, writing requirements), competitions (Law Review, Moot Court), or any outside work for which academic credit will be earned. It also covers all student conduct related to the academic use of the Law School premises, including the library and computer lab. This Code outlines the obligations of students, faculty, and the Honor Council in ensuring an honest atmosphere based on personal responsibility and integrity.

An honor offense is defined as an intentional act of lying, cheating, stealing, or destroying/tampering with school property which warrants sanction from the College. Three criteria determine whether or not an offense has occurred and the appropriate sanction:

. Act - Was the act of lying, cheating, stealing, or property destruction/tampering committed?

. Intent - Was the act committed intentionally or willfully?

. Seriousness - Would open toleration of such an act impair the community of trust sufficiently to warrant sanction from the college.

CODE VIOLATIONS

Conduct described below constitutes a violation of the Honor Code. Violations include, but are not limited to:

(a) Knowingly giving or receiving assistance or information that has not been authorized by the professor and/or administrator;

(b) Plagiarizing - knowingly using the words or ideas of another and offering them as one's own;

(c) Utilizing or referring to any material or electronic source of information that has been specifically forbidden by the professor and/or administrator;

(d) Knowingly breading printed instructions or rules so as to give one's self or another an unfair advantage over those who adhere to the instructions or rules. This would include, but is not limited to, (i) knowingly commencing an exam before the designated time or knowingly continuing an exam after the designated time for completing it. (ii) knowingly failing to submit any of the materials required to be submitted at the conclusion of an exam or exam review;

(e) Knowingly compromising the integrity of an anonymous grading system;

(f) Utilizing (whether obtaining or distributing) unauthorized information related to the content of an exam or writing assignment;

(g) Signing another student's name on an attendance sheet;

(h) Altering, removing or otherwise improperly using library materials, which includes deliberately failing to properly return resource materials so as to prevent access to the materials by other persons;

(i) Knowingly making a material misrepresentation, by act or omission, in any document including, but not limited to, financial aid forms, resumes, or in an oral statement, of a student's academic or professional qualifications, conduct, class attendance, class standing, grades, honors, and/or activities;

(j) Knowingly taking any property, which is not one's own, from the Law School premises with the intent to deprive others from the use of the property or knowingly taking the property of another student with the intent to deprive that student of its use as it relates to that student's academic studies;

(k) Conspiring, soliciting, attempting, or agreeing to commit, assist in or facilitate the commission of any violation of this Honor Code.

VIOLATIONS RELATED TO THE OPERATION OF THE HONOR CODE

It shall be a violation for a student:
(a) To fail to report a known violation of the Honor Code;
(b) To file a complaint under the Code with the intention of harassing another person;
(c) To knowingly give false information to an Honor Court Justice appointed to investigate a violation, faculty advisor, and/or Law School administrator;
(d) To testify falsely at a hearing conducted under the guidelines of this Code; or
(e) To make any disclosure of proceedings conducted under the guidelines of this Code.

SANCTIONS

Person(s) found in violation of the Code shall be subject to sanctions as determined to be appropriate through recommendation by the Honor Council and approval by the Law School Dean, or the Dean's designee. Sanctions include, but are not limited to:

(a) Letter in student's file;
(b) Entry of a failing grade;
(c) Suspension;
(d) Removal from elected or appointed Law school offices (i.e., student government, Law Review, Moot Court Board);
(e) Permanent expulsion;
(f) Any other sanction or sanctions which the Honor Council, with the approval of the Law School Dean, or the Dean's designee, finds appropriate under the circumstances;
(g) Being required to repeat an academic course;
(h) Being required to perform public service;
(i) Being required to wait before one's law degree is conferred by the Law School;
(j) Public reprimand.

INVESTIGATION AND HEARING PROCEDURES

Initiation of the Case: Every student is charged with the responsibility of acting in accordance with the standards of integrity established by his peers and ensuring that his fellow students also abide by these standards. If any member of the law school community has knowledge of a possible honor offense, he shall contact an Honor Advisor immediately. If, after discussing the matter with an Honor Advisor, it is determined that an honor offense may have occurred, then an investigation will be commenced. An honor code investigation may also be commenced by the Honor Council on its own initiative upon a two-thirds (2/3) vote in favor by the members of the Honor Council and approval of the Dean's Office.

Investigation: The Chief Justice designates one second or third year member of the Honor Council to be the Prosecutor for a period of one semester. The Prosecutor is trained in the proper methods of investigating a case. The Prosecutor will expeditiously examine alleged offense in a professional and thorough manner. The Prosecutor collects physical evidence and interviews witnesses until there is enough information to productively question the investigated student.

Grand Jury Hearing: Upon completion of the investigation, the Prosecutor will schedule a meeting of the Grand Jury through an Honor Advisor. The Grand Jury is comprised of three members of the Honor Council, one representative from each class. The Chief Justice appoints these persons from among the Associate Justices to serve for one semester.

The Grand Jury will hear evidence presented by the Prosecutor. Unless warranted by the accusation, the identity of the alleged violator will remain confidential during the Grand Jury hearing. The primary objective of the Grand Jury is to determine if the evidence presented warrants the filing of an accusation against the subject of the investigation. The Grand Jury may ask questions as it deems appropriate. At the conclusion of the hearing, the Grand Jury will recess for deliberations.

Focusing on the criteria of the act, intent, and seriousness, the Grand Jury will determine, by a standard of more likely than not, if an accusation is warranted. A majority vote is required. If no majority of the Grand Jury believes that the evidence supports the filing of an accusation, the case is dismissed and the matter is closed.

Accusation: Upon notice from the Honor Advisor, the Chief Justice has two days following an accusation by the Grand Jury to present the student with a written summary of the charges against him. The Chief Justice will set a date for trial, not more than ten days from the time the notice is given.

All necessary steps are taken to protect the rights of the accused. The burden of proof in the trial rests entirely upon the Prosecutor, and the accused student is presumed innocent until proven guilty beyond a reasonable doubt.

The Honor Advisor has a list of available counsel to assist the accused in preparation and presentation of his case. However, the accused may choose his own counsel or represent himself.

Conscientious Retraction: A privilege afforded to every student under this Honor Code is the conscientious retraction. This option allows a student who has violated the Honor Code to admit his act and accept the respective consequences without actual disassociation from the community of trust. This admission, however, must occur before the student gains any knowledge that someone might suspect him of an honor offense. A student with the integrity and courage to come forward with a good faith retraction has thereby reaffirmed his personal commitment to honor and will be allowed to remain in the community of trust.

To make a conscientious retraction, a student should contact an Honor Advisor immediately. After discussing the situation with an Honor Advisor, the student should submit a written statement admitting to the act of dishonesty. In addition, this statement must address whether the act was committed with intent as well as the seriousness of the act. The statement must be signed and dated by all parties affected by the act of dishonesty, and the student must accept the Honor Advisor's determination as to how the matter should be resolved. Upon approval of the Honor Advisor, the matter will be closed. The retraction will only be reexamined if further evidence requires an investigation be initiated. Only when an investigation is begun will the validity of a retraction be examined by the Grand Jury. If, under the standard of more likely than not, the Grand Jury determines the retraction was made in good faith, then the retraction can serve as a complete defense.

Trial: The Honor Court shall be comprised of the Chief Justice and the five Associate Justices who are not the designated Prosecutor or a Grand Juror. Following the presentation of the case, the Honor Court will retire, in private, to consider the evidence and render a verdict. A conviction can be had by a 75% majority vote of the Honor Court.

When a decision is reached, the parties are notified and the verdict is announced. If a not guilty verdict is returned, no further investigation into the matter will be made by the Honor Court.

Petition for Reconsideration: If the Honor Council finds that an accused student is guilty of an Honor Code violation, the student may file a petition for reconsideration of the Honor Council's decision on the basis of substantial new evidence or other good cause. The petition must be submitted to an Honor Advisor within fifteen (15) days of the decision rendered pursuant to the original trial. A new hearing may be granted by a majority vote of the grand jury.

Submission of Finding and Recommendation of Sanction to Dean: Upon the issuance of a finding of innocence, or upon expiration of the time for filing a petition for reconsideration or disposition of such petition, whichever is later, the Honor Council shall submit its finding and any recommendation of sanction to the Law School Dean, or his designee. The Dean, or his designee may approve, disapprove, or modify the Honor Council's findings and recommendations.