Article II

School of Law Honor Code

ARTICLE II.  DIVISION OF RESPONSIBILITIES

Responsibility for administering the Washington University School of Law Honor Code shall be shared as follows:

A.  Associate Dean of Student Services (“Dean of Students”).  The Dean of Students:  (1) receives written complaints reporting possible violations of the Honor Code (see Art.III.A.2); (2) evaluates the complaints to determine whether they state a colorable claim of a violation of the Code; (3) dismisses any complaints that fail to state a colorable claim and refers those that do state such a claim to an Investigative Team (see Art.III.A.3); (4) implements and/or assists with the implementation of sanctions imposed pursuant to the Code as needed (see Art.V.D); and (5) keeps and maintains on behalf of the School of Law two complete sets of records of all Honor Code-related activities, one redacted so that student names and other obviously identifying information have been removed (see Art.VII.F.3) and the other unredacted, including, but not limited to, copies of all notices, reports, decisions, submissions, and other writings; and (6) makes available for examination the redacted versions of such writings in accordance with the Code (see Art.VII.G).

B.  Student Investigators Committee.  There shall be a group known as the Student Investigators Committee, from which students are named to serve on the Investigative Teams that investigate matters referred by the Dean of Students.

  1. Composition/Selection:  The Student Investigators Committee comprises eight members, four from the third-year class and four from the second-year class.  The members are chosen by their respective classes in elections held in the Spring of each year.  To be eligible to run, a student must be in good standing academically, must not have been found to have violated the Honor Code or University Judicial Code, and must meet any additional eligibility requirements established under rules developed by the SBA.  Each member is elected to serve a term of one year and may be reelected to additional terms.
  2. Members of the Student Investigators Committee serve as the student members of Investigative Teams.  Two members of the Committee, one from the third-year class and one from the second-year class, serve on each Team.

C.  Investigative Teams.  An Investigative Team shall be named to investigate and act on  each complaint referred by the Dean of Students.

  1. Composition/Selection:  Each Investigative Team has three investigators:   two students from the Student Investigators Committee, one from the third-year class and one from the second-year class, and one member of the faculty.  The two students are determined according to a rotation established by the Committee at the start of each Fall semester.  The faculty member is appointed by the Dean at the start of the Fall semester after consultation with the President of the SBA.  The Dean also appoints a faculty alternate to serve as the faculty member of an Investigative Team in place of the regular faculty member in any case in which the latter has a conflict of interest or is unable to serve.  Both the regular faculty member and the alternate serve a term of one year and may be reappointed to additional terms.
  2. Duties:  Investigative Teams investigate and act on complaints referred to them by the Dean of Students.  Each Investigative Team conducts such investigation as it deems necessary to decide whether to:  (1) decline to proceed further with the matter (see Art.III.D.1.a) or (2) draft a formal charge and refer the matter to the Hearing Panel for Adjudication (see Art.III.D.1.b).  In the event of a referral for adjudication, the two student members of the Investigative Team serve as advocates at the hearing and present the case against the respondent (see Section H.1 below).

D.  Chief Investigator.  Each Investigative Team shall have a Chief Investigator.

  1. Selection.  The senior student member of an Investigative Team serves as Chief Investigator for the Team.
  2. Duties.  The Chief Investigator has primary responsibility for:  (a) ensuring that the Investigative Team meets all applicable timetables and deadlines for the performance of its duties under the Honor Code; (b) preparing and issuing on behalf of the Team the various notices, opinions, reports, and other writings required by the Code (see Art.III.D.2, 3); (c) keeping and maintaining two complete sets of records, one redacted so that student names and other obviously identifying information have been removed (see Art.VII.F.3) and the other unredacted, of all notices, reports, and other required writings made or received by the Team in the course of their investigation, and turning over all such records (or copies thereof, when a matter is referred for adjudication) to the Dean of Students at the conclusion of the investigation (see Arts.III.D.3, VII.G.1).

E.  Hearing Panel.  There shall be a body known as the Hearing Panel that serves as a “court” for the trial of alleged violations of the Honor Code and the determination of an appropriate sanction in the event that a violation is found.

  1. Composition/Selection.  The Hearing Panel comprises five members:  four  students, two from the third-year class and two from the second-year class, and one member of the faculty.  One of the third-year members serves as Hearing Panel Chair (see Section F below); the faculty member serves as Presiding Officer (see Section G below).  In the event that an LLM student is charged with a violation, the respondent may elect to have another student from the same LLM program appointed by the Assistant Dean of Graduate and Joint Degree Programs to serve as an additional member of the Panel for that case only.

    The student members except for the Chair are chosen by their respective classes in elections held in the Spring of each year.  To be eligible to run, a student must be in good standing academically, must not have been found to have violated the Honor Code or University Judicial Code, and must meet any additional eligibility requirements established under rules developed by the SBA.  Each member is elected to serve a term of one year and may be reelected to additional terms.  The faculty member is appointed by the Dean at the start of the Fall semester after consultation with the President of the SBA.  The Dean also appoints a faculty alternate to serve on the Hearing Panel in place of the regular faculty member in any case in which the latter has a conflict of interest or is unable to serve.  Both the regular members and the alternate serve a term of one year and may be reappointed to additional terms.

  2. Duties.  The Hearing Panel:  (a) hears and decides cases alleging violations of the Honor Code and, when necessary, either determines or recommends to the Dean the sanction(s) to be imposed (see Arts.IV & V); (b) prepares and issues written notifications, opinions, reports, and other writings as required (see Arts.IV.B.1.a, 4; V.A.3);  (c) renders advisory opinions on matters concerning academic honesty (see Art.VII.A); and (d) proposes amendments to the Honor Code as it sees fit (see Art.VII.B.1)

F. Hearing Panel Chair.  One of the third-year members of the Hearing Panel shall serve as Hearing Panel Chair.

  1. Selection.  Before Hearing Panel elections take place in the Spring, the existing Hearing Panel appoints one of its two second-year members to remain on the Panel and serve as Chair for the following academic year.  If both second-year members are unable or opt not to serve as Chair, then in the Spring election, the second-year (rising third-year) class chooses two students to serve on the Hearing Panel the following year rather than just one.  In all other respects, the election proceeds as described in Section E.1 above.  Of the two students chosen, the one with the greatest number of votes assumes the role of Chair for the following year.  However selected, the Chair serves for the remainder of the academic year until the Spring Hearing Panel elections the following year.
  2. Duties.  The Chair has primary responsibility for:  (a) ensuring that the Hearing Panel meets all applicable timetables and deadlines for the performance of its duties under the Honor Code; (b) overseeing the preparation and issuance on behalf of the Panel of the various notices, opinions, reports, and other writings required under the Code (see Arts.IV.B.1.a, 4; V.A.3); and (c) maintaining two complete sets of records for every case heard during his/her year as Chair, one redacted so that student names and other obviously identifying information have been removed (see Art.VII.F.3) and the other unredacted, making such records available for use on appeal as needed, turning over to the Dean of Students the unredacted and a copy of the redacted records upon the completion of each case (see Art.VII.G.1), and keeping a copy of the redacted records as a permanent part of the Hearing Panel’s files and providing another to the library for placement in an Honor Code Decision binder to be held on reserve (see Arts.IV.B.4a.(3), VII.G.1).  The Chair is also responsible for naming the students who will serve on the Summer Investigative Team and Summer Hearing Panel (see Section J below) immediately after the regular Honor Code elections are held in the Spring, and then holding a joint meeting of all regular and Summer Student Investigators and all regular and Summer student members of the Hearing Panel members to review basic Honor Code procedures and the duties of each group.

G.  Presiding Officer.  A member of the faculty shall serve as Presiding Officer in all proceedings before the Hearing Panel.

  1. Selection.  The faculty member of the Hearing Panel (see Section E above) serves as the Presiding Officer.
  2. Duties.  The Presiding Officer:  (a) serves as a voting member of the Hearing Panel; (b) presides over all proceedings held pursuant to Articles IV and V of the Code; (c) decides, following consultation with the Hearing Panel Chair whenever feasible, all non merits-related procedural questions presented before, during, and after any hearing(s) that are held; (d) rules on evidentiary objections; and (e) assures that all proceedings are conducted in a manner that is orderly, expeditious, fair, and consistent with these rules and the purpose of the proceedings.

H.   Case Presentation Team.  A team of two students shall serve as the Case Presentation Team in proceedings before the Hearing Panel.

  1. Composition/Selection.  The two student members of the Investigative Team that investigates a case (see Section C.2 above) serve as the Case Presentation Team for the case.
  2. Duties.  The Case Presentation Team presents and advocates for the case against the respondent in proceedings before the Hearing Panel and related proceedings, including any appeal.

I.  Dean.  The Dean:  (1) receives from the Hearing Panel any recommendation to suspend or expel a student found by the Panel to have violated the Honor Code and decides whether to impose the recommended sanction (see Art.V.A.2, 3.b; B.9, 10); (2) in cases not involving a recommendation to suspend or expel, receives, considers, rules on, and issues written decisions in connection with, appeals brought by students found to have violated the Honor Code (see Art.VI.B, C); and (3) prepares and issues notices and other writings as required (see Arts.V.A.3.b, VI.C.3).

J.  Summer Honor Code Personnel.  There shall be a Summer Investigative Team and a  Summer Hearing Panel that, in cases in which a complaint is brought between the last day of classes in the Spring and three (3) weeks before the first day of classes in the Fall, are authorized, respectively, to investigate and act on complaints, and to serve as a “court” for the trial of alleged violations and the determination of an appropriate sanction in the event that a violation is found.           

  1. Composition/Selection.  The Summer Investigative Team comprises three investigators:  two students, one from the rising third-year class and one from the rising second-year class, and one member of the faculty.  The Summer Hearing Panel comprises five members: four students, two from the rising third-year class and two from the rising second-year class, and one member of the faculty.  One of the third-year members of the Summer Hearing Panel serves as Summer Chair; the faculty member serves as Summer Presiding Officer.  In the event that an LLM student is charged with a violation, the respondent may elect to have another student from the same LLM program appointed by the Dean of Graduate and Joint Degree Programs to serve as an additional member of the Panel for that case only.  To be eligible to serve as a member of either group, a student must meet all the usual requirements (good standing academically, no Honor Code or University Judicial Code violations, satisfy any additional eligibility requirements imposed by the SBA (see Sections B.1 & E.1 above)) and must plan to reside in the St. Louis area and maintain regular contact with the law school during the summer.

    The students in both summer groups are named immediately after the regular Honor Code elections are held in the Spring of each year.  Any student elected or named to serve in either group for the next academic year and who plans to reside in the St. Louis area and maintain regular contact with the law school during the summer is automatically named to serve in the same role during the Summer.  If vacancies remain, the regular Hearing Panel Chair notifies the student body of the vacancies and eligibility requirements, asks for a written statement of interest from anyone wishing to be considered and, after consulting with the Dean of Students and the President of the SBA, selects students to fill the vacancies including, when necessary, that of Summer Hearing Panel Chair.  The Summer faculty member is appointed by the Dean as needed after consultation with the President of the SBA.

  2. Duties.  The Summer Investigative Team and Summer Hearing Panel perform the same duties as their counterparts that operate during the school year (see Sections C.2 & E.2 above).

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