Article VII

School of Law Honor Code

ARTICLE VII:  MISCELLANEOUS

A. Advisory Opinions.  The Hearing Panel may render an advisory opinion regarding the interpretation of the Honor Code upon written request from any member of the law school community.

B.  Amendment.  The Honor Code may be amended as follows: 

  1. Proposal by Hearing Panel.  Amendments may be proposed by a majority of the Hearing Panel, and become effective if ratified by both a majority vote of those members of the student body casting ballots in a called election and a majority vote at an announced faculty meeting.
  2. Proposal by Student Initiative.  Amendments may be proposed by initiative petition signed by 100 students enrolled in the School of Law, and become effective if ratified by both a majority vote of those members of the student body casting ballots in a called election and a majority vote at an announced faculty meeting.
  3. Proposal by Faculty.  Amendments may be proposed by way of a majority vote at an announced faculty meeting, and become effective if ratified by a majority of the student body casting ballots in a called election.

C.  Disqualification, Resignation, and Removal

1.  Disqualification.  Any member of the Hearing Panel or of any Investigative Team or Case Presentation Team who knows of facts or circumstances that would compromise or reasonably appear to compromise the member’s impartiality in a particular case shall disqualify himself or herself from participating in the proceedings.  A party who believes that such facts or circumstances exist with respect to a member of any panel or team designated to act in the party’s case shall also have the right to seek the member’s disqualification for cause by presenting a written request, first, to the member whose disqualification is sought, and if that fails, then to the remaining panel or team members.  The ruling by the remaining panel or team members shall be final.

Any vacancy created as a result of disqualification may, if necessary, be filled by a temporary member or alternate selected by the Dean of Students in consultation with the SBA President and Hearing Panel Chair.  Any temporary student member so selected shall be from the same class as the disqualified student.

2.   Resignation.  If any member of the Hearing Panel or of any Investigative Team or Case Presentation Team resigns in mid-term, time permitting, a replacement shall be selected by procedures similar to those set forth in Article II.  Where time does not permit and replacement is necessary, a temporary member shall be named by the Dean of Students in consultation with the SBA President and Hearing Panel Chair.  Any temporary student member so selected shall be from the same class as the resigned student.

 3.   Removal.  Any member of the law school community may request the removal for cause of any member of the Student Investigators Committee or any student member of the Hearing Panel by delivering such request to the SBA President and a copy to the student whose removal is sought.  The request shall be in writing and shall state the reasons for the requested removal.  Upon receiving such a request, the SBA President shall convene an ad hoc committee composed of all disinterested members of the SBA Executive Board and shall schedule a hearing before said committee to consider the request.  The hearing shall be conducted in accordance with the procedures set forth in Article IV of the Code.  At the conclusion of the hearing, the ad hoc committee shall privately confer and decide, by a majority vote, whether to grant the removal request.  The committee’s decision shall not be subject to appeal.

When a member of the Student Investigators Committee or Hearing Panel has been removed for cause, time permitting, a replacement shall be selected by procedures similar to those set forth in Article II.  Where time does not permit and replacement is necessary, a temporary member shall be named by the Dean of Students in consultation with the SBA President and Hearing Panel Chair.  Any temporary student member so selected shall be from the same class as the removed student.

D.   Independent Library Rules.  Nothing in this Honor Code shall prohibit the Associate Dean for Information Resources from prescribing and enforcing separate rules regarding the use of library materials and facilities.  When it is unclear whether misconduct involving the use of library facilities violates the Honor Code, the Associate Dean for Information Resources shall consult with the Dean of Students to determine whether to bring an Honor Code complaint or address the misconduct under the independent library rules.

E.  Notice Requirements.  To comply with a requirement to provide a copy of a written notice, notification, report, or other document within the meaning of the Honor Code, the person responsible for providing the document may send it electronically and/or provide a hard copy.

F.  Public Posting of Honor Code-Related Information and Notices.

1.   Honor Code Web Site.  The Dean of Students shall oversee the maintenance of a web site for the posting of the Honor Code and related matters, including, although not limited to, the Faculty Plagiarism Guidelines, copies of all notices and decisions required by the Code to be publicly posted, announcements regarding Honor Code-related matters, and the names of all members and alternates of the Student Investigators Committee, Investigative Team, and Hearing Panel.

2.   Public Posting.  To comply with the requirement to “publicly post” a notice, decision, or other document within the meaning of the Honor Code, the person responsible for the posting is responsible for ensuring that the item in question is properly posted on the Honor Code web site and shall email a copy to all law school students, faculty, and staff, place a copy on the Honor Code bulletin board, and take any other measures deemed appropriate under the circumstances to ensure the adequacy of the notice to the intended audience.

 3.   Redaction Procedures.  To comply with the requirement to “redact” a notice, decision, or other document within the meaning of the Honor Code, the person responsible for the redaction shall see to that the item contains sufficient detail to inform the parties and the law school community about the nature of the matter at issue.  In publicly posted copies of these notices, decisions, or other documents, student names and other obviously identifying information shall be deleted or replaced by fictitious names (such as "Student A") to the extent necessary to protect privacy.

G.   Record-Keeping and Disclosure.

1.  Record-Keeping.  Upon conclusion of a proceeding under the Honor Code, except as otherwise provided in the Code, all records, files, and other documents  relating to the proceeding shall be delivered to the Dean of Students.  The Dean of Students shall also see to it that the appropriate notations and/or documents are included on the student’s permanent academic record and/or in the student’s law school file.

2.   Disclosure

a.  Redacted Versions of Documents.  The redacted versions of all notices, reports, and other required writings that are maintained by the Dean of Students shall be available for examination by any member of the law school community and the information contained therein may be freely disclosed.   The redacted versions of all Hearing Panel decisions shall also be available for examination by members of the law school community in the library.  Held on reserve in a binder maintained by the Hearing Panel Chair (see Arts.II.F.2, IV.B.4), these decisions shall be made available in accordance with library rules.

b.  Other Documents.  Rules governing the disclosure of all other documents, especially documents that refer to any individual by name, are as provided elsewhere in the Code.

H.  Time Limitations and Deadlines.

1.   Computation.  In computing any period of time prescribed in the Honor Code, weekends, law school holidays, and the day from which the time period begins to run shall not be included in the calculation.

2.   Effect of Noncompliance.  Strict adherence to the time limitations and deadlines specified throughout the Honor Code is of vital importance to all members of the law school community.  In the event that a deadline is missed, the individual or entity responsible for missing the deadline shall both publicly post (see Section F.2 above) and e-mail to the entire law school community a written notice, redacted so that student names and other obviously identifying information have been removed (see Section F.3 above), informing the community of the fact of and reasons for the missed deadline or decision to postpone and the newly scheduled time by which the action will be taken.  Failure to comply with a prescribed time limitation or deadline shall not constitute a defense to a charge or be grounds for dismissal, unless the Hearing Panel finds, by majority vote, that the failure to comply has resulted or might reasonably be expected to result in actual prejudice to the respondent.

I.   Effective Date.  This Honor Code shall take effect in place of the existing Honor Code on the next August 1 following ratification by a majority vote of those members of the student body casting ballots in a called election and by a majority vote at an announced faculty meeting; and shall remain in effect until revised by amendment or replaced.  Once ratified, elections shall be held as provided herein and other steps taken as needed to ensure that this Code can be fully operational on that date. 

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