HONOR CODE

I. INTRODUCTION

I-1. Purpose of Code. This academic Honor Code is predicated on the belief that the study and teaching of law is an integral part of the legal profession. Students and faculty engage in that activity as members of the legal profession, and recognize the need to maintain a high level of professional competence and integrity in their work. The purposes of the Code are (1) to identify as particularly as possible some of the professional obligations relating to class work, and (2) to provide the procedures by which alleged violations are to be handled.

I-2. Duty to Comply with Code and to Report Violations. It is the duty of all students to comply with the provisions of this Code. This Code requires a student to report a probable violation of this Code.

I-3. Availability of the Code. A personal copy of this Code shall be mailed or otherwise given to each student on or before their first registration, and to professors upon their first offering a course for academic credit. A copy of this Code shall be placed permanently on reserve in the library. Additional copies shall be made available upon request from the Dean's office within a reasonable period.

II. AGREEMENT TO ABIDE BY HONOR CODE

II-1. Agreement to Abide by Code as Precondition to Enrollment. Applicants, by their acceptance of admission to the College of Law, agree to be bound by the provisions of the Code and any subsequent amendments. While a student's relationship with the College of Law is, basically, consensual, that consent includes standards of conduct by which we all agree to be governed.

II-2. Signed Statement. All students taking any course within the College of Law for academic credit shall at the beginning of the term in which the student first registers in the College of Law sign a statement which in substance shall state that the student (1) is familiar 'with the Provisions of the Honor Code, (2) agrees to comply with those provisions, and (3) agrees that the submission of any academic work shall constitute a representation that such work has been done in compliance with the Code.

COMMENT: The signed statement is intended to emphasize to the students the existence of the Code and their obligation to follow it.

III. HONOR COUNCIL

III-1. Honor Council Members. The Honor Council shall consist of three members, all of whom at the time of their election or appointment shall be full-time students regularly enrolled in the Law School. One member shall represent each class. The Dean shall act as an advisor to the Honor Council.

III-2. Election of Honor Council Members. The first year class shall elect one person to serve as its permanent Honor Council representative. This elected representative shall serve the class until graduation.

III-3. Election Procedure. Elections shall be held in conformity with the procedures established by Potter Law Club. However, all students enrolled in a course at the College of Law are eligible to vote. If a previously elected representative is unable to fulfill his/her responsibilities on the Honor Council, a special election shall be held to fill the position. As would normally be true, only members of the class to be represented will be permitted to vote.

III-4. Responsibilities of Honor Council. The Honor Council is responsible for advising students on matters of academic honesty and for recommending suitable amendments to this Code.

IV. EXAMINATIONS AND CONDUCT SUBJECT TO THE CODE

IV-1. Definition of an Examination. The definition of an examination for this Honor Code shall include all final tests, take-home examinations, library examinations and all written assignments the grade of which counts towards a student's final grade in a course.

IV-2. Unauthorized Materials. It is a violation for any student to use or attempt to use any unauthorized source of information while taking an examination. An unauthorized source is any material other than that material specifically authorized by the professor giving the examination. If material is authorized by the professor, it may be annotated by: highlighting or underlining; paraphrasing of a statute, rule, or of any of the printed matter in the supplement; cross references to other rules or statutes; tabs on materials referring to specific statutes or sections. However, the following are not authorized annotations for authorized materials: case names, case summaries, case explanations, class notes, comments, and summaries except when taken directly from the printed matter in the authorized material. In those courses in which a home-made index is allowed to be used in an exam, the following restrictions must be observed: (1) an index is not to be a course outline; (2) it is to be designed only for rapid access to a statute or rule; and (3) indexes will be subject to the same annotation restrictions that apply to supplemental material described above. If any student is in doubt as to the acceptability of his supplements or indexes it is recommended that he or she consult with the instructor concerned prior to taking the exam.

IV-3. Unauthorized Communication. During examinations, no student shall ask any substantive question of any other person, nor shall that other person answer any question of this type.

COMMENT: It is presumed that faculty members will not give any student substantive aid regarding an examination although they may answer questions pertaining strictly to the form of the examination.

IV-4. Time Limitations. It shall be a violation of this Code for any student to take more time than has been allotted for the examination.

COMMENT: Each instructor should make clear the time limitation for the examination, since the time allowed is not always in conformation with the number of credits earned in the course.

IV-5. Unauthorized Areas. It shall be a violation of this Code for any student to write or type an examination in any place other than one of the rooms in the Law School building designated for examination taking purposes by the Dean's Office or a place specifically authorized by a faculty member. During an examination, however, a student is free to go wherever s/he pleases for any purposes other than taking the examination.

COMMENT: A student must, however, recognize his/her responsibility to keep his/her actions above suspicion and not to create unnecessary distractions to others taking examinations.

IV-6. Misrepresentation of Written Work. It shall be a violation for any student to misrepresent in any way his/her involvement in a written academic task.

IV-7. Permissive Variation from Standards. Any of the above standards of conduct may be eased by a faculty member (1) for his/her entire class upon due notice to the entire class, or (2) for any individual student under extraordinary circumstances.

V. OTHER CONDUCT REGULATED BY THE CODE

V-1 Taking Another's Academic Materials. It shall be a violation for any student knowingly to take any textbooks, class notes, outlines, briefs, case notes or any other class materials being used or prepared by another person without that person's permission.

V-2. Library Policy. Theft or intentional destruction of any library materials shall constitute a violation of this Code.

COMMENT :Other violations of library rules should be handled administratively by the Law Librarian.

V-3. Misrepresentation of Attendance Record. It shall be a violation of this Code to mark another student present on the attendance record when in fact that person is absent or to mark oneself present when in fact s/he was absent.

V-4 Misrepresentation of Hours Worked. It is a violation to knowingly make any material misrepresentation as to hours spent working in courses when a certain number of hours are required for credit.

V-5 Duty of Confidentiality by Honor Council. Honor Council members shall not unnecessarily disclose names or any other information regarding investigations to anyone other than the Dean.

COMMENT: This section imposes a high duty of confidentiality upon Honor Council members in order to protect the reputation of the accused during the investigations.

V-6. This Code does not regulate any conduct by a student other than those actions specifically enumerated in this Code.

VI. RECOMMENDED SANCTIONS

VI-1 Recommended Sanctions for Violations of this Code. Sanctions shall include, but shall not be limited to, the following

(a) no academic credit for the work to which the violation related

(b) assignment of a grade lower than that which would otherwise have been earned, including a grade of "F" (failure), in the course to which the violation related;

(c) requirement of additional work for academic credit;

(d) when possible, restitution of any stolen materials;

(e) expulsion;

(f) suspension from classes for up to one semester's duration;

(g) letter of reprimand to be kept on a non-confidential basis in the student's file.

VI-2 Recommended Sanction for Violation of Sec. V-5. Upon a finding of guilt for intentional breach of the duty of confidentiality as required in § V-5 by a member of-the Honor Council, immediate and permanent expulsion from the Honor Council should result. A breach of this duty is also a violation of the Honor Code.

VII. PRE-HEARING PROCEDURE

VII-1. A report of a suspected violation may be made to any member of the Honor Council by any student or faculty member. The Honor Council shall make a discrete preliminary investigation. The Council will submit its preliminary findings to the Dean, who shall then determine whether the findings merit further investigation. The Dean will make available to the Honor Council for purposes of the investigation a locked file cabinet for their exclusive use.

COMMENT: In the interests of preserving strictest confidentiality at this earliest stage, if at all possible under the circumstances, the Council should avoid naming any individuals even to the Dean.

VII-2. The Dean shall direct the Honor Council regarding the scope and nature of any further investigation to be conducted as s/he deems appropriate under the circumstances.

VII-3 Once the Dean directs formal investigations under § VII-2 to begin, the Honor Council shall notify the accused of the nature of the investigation and afford him or her the opportunity to present evidence or make any statement in his/her own behalf. No statement will be taken from an accused unless voluntarily made.

VII-4. Upon completion of the formal investigation, the Honor Council shall submit a written report to the Dean. The Honor Council's report shall include a written account of the procedures followed, any difficulties encountered, all relevant evidence considered including specific reference to statements of witnesses, preliminary conclusions, and recommendation of any further action.

VII-5. If after consideration of the report under § VII-4, the Dean believes probable cause exists for charging a violation of the Honor Code, s/he shall prepare a written charge stating the conduct allegedly in violation of the Honor Code. Each charge will be supported by a specific description of the accused's acts. Separate acts of the accused which give rise to separate charges will be described in separate specifications. Such report shall be immediately submitted to the Honor Council and the accused.

VII-6. Upon delivery of the written charge, the accused shall be advised that the specified charges have been referred for a hearing to be conducted as hereinafter provided. In addition, the accused shall be informed of his/her right to be represented by counsel selected from the members of the student body of the College of Law or by a professional attorney. If accused makes admission of guilt, the procedure expressed in § XI-l shall apply.

VIII. HEARING

VIII-l. A reasonable date and time of hearing shall be set in joint a consultation with the accused or his/her designated counsel, the Dean of the College of Law, and a representative of the Honor Council. At this time, the accused shall have the opportunity to elect a jury or non- jury hearing.

VIII-2. A jury hearing, shall be held before a jury selected from the student body of the College of Law, in accordance with Article X. A member of the faculty shall be selected by the Honor Council to serve as judge in both jury and non-jury hearings.

VIII-3. The hearing shall be open to the accused, her/his counsel, members of the Honor Council, the Faculty of the College of Law, and anyone admitted by the accused.

VIII-4. The accused may petition the judge to excuse himself/herself by presenting evidence of bias.

VIII-5. The Honor Council shall prosecute the charges and present all relevant evidence. The accused shall be afforded full opportunity to present evidence in his/her own behalf and to cross-examine any witnesses called by the Honor Council.

VIII-6. The judge shall conduct the hearing in substantial accordance with the customary manner prevailing in trial courts. Formal rules of evidence shall not apply. Any relevant evidence is admissible. Questions of relevance shall be determined by the judge.

VIII-7. The burden of proof in all hearings shall be by clear and convincing evidence and shall be borne by the Honor Council.

VIII-8. In a jury hearing, following the presentation of all relevant evidence, the jury shall determine the guilt or innocence of the accused on each of the specified charges. It shall then provide a written report of its findings and of its recommendations for sanctions, if imposed.

VIII-9. In a non-jury hearing, all findings and recommendations shall be made by the judge.

VIII-10.If a jury is unable to arrive at a unanimous verdict following a reasonable period of deliberations, it shall be within the discretion of the Honor Council and the Dean to decide whether or not to convene another jury. If a second jury is not convened, the charges shall immediately be dropped.

COMMENT: In none but the most exceptional circumstances should the accused be subjected to more than two jury hearings.

VIII-11.No further action shall be taken if the judge or a unanimous jury finds the accused not guilty.

VIII-12.Taking into consideration the recommendation of the jury, the judge shall determine the appropriate sanctions to be imposed under the provisions of this Code.

IX. RECORD

IX-l. In all cases where investigation goes beyond § VII-2 and culminates in a finding of guilt or an admission of guilt, a record of the proceedings shall be maintained by the Dean. This record shall include (except as provided in Article XI) the following:

a. The written report of the investigatory committee, as prescribed by § VII-4.

b. The charges and specifications prepared in accordance with § VII-5.

c. An abstract of the hearing showing the time and date, the presence or absence of the accused, the identity of counsel for the accused, the identity of witnesses and exhibits for both the prosecution and for the defense.

d. The findings of the jury and their recommendations as prescribed in § VIII-8.

e. The findings and recommendations of the judge, as prescribed in § VIII-9.

f. Sanctions imposed by the judge, as prescribed in § VIII-12.

IX-2. In all cases not culminating in the imposition of a sanction under § VI-l, all records shall be destroyed except as provided in § XI-3.

X. JURY

X-1. In any case referred to a jury hearing, a panel of fifteen members of the student body of the College of Law shall be selected by lot as potential jurors by the Honor Council. Any student involved in the investigation, prosecution or defense of the case, or any student who may be called as a witness for either side shall be ineligible to serve on the jury. The full panel of fifteen shall be present at the time and place set for hearing.

X-2. Any juror may request to be excused if s/he feels that s/he cannot, for any reason, be objective in the case. The judge shall rule on this request.

X-3. The jury shall consist of five students. The five students first selected for the panel by lot shall comprise the jury in the absence of any challenge.

X-4. Before the introduction of any evidence, both the prosecution and the defense may challenge any member of the jury for cause. Such challenge shall be decided by the judge. Each side shall also be allowed two peremptory challenges. Any vacancy on the jury shall be filled from the remaining panel by lot.

XI. PROCEDURE IN CASES OF ADMITTED GUILT OR FAILURE TO APPEAR

XI-1. If an accused admits a violation of the Honor Code at any time prior to the commencement of a hearing, s/he shall be requested to sign a written admission of the charges and specifications with which s/he has been served. Upon signing the admission, no further proceedings will be held regarding those charges admitted. The charges and specifications, along with the admission, shall then be submitted to the faculty as a whole for a recommendation to the Dean of disciplinary sanctions. The Dean then shall decide upon and impose the appropriate sanction(s).

XI-2 If an accused fails to appear at a hearing without explanation, after having been served with a copy of the charges and specifications and after having received reasonable notice of the time and place of such hearing, the judge may immediately refer the record to the faculty as a whole for their recommendation to the Dean as provided in § XI-1 regarding the appropriate disciplinary action. Alternatively, the judge may direct that a complete hearing be held in the accused's absence.

XI-3. If a law student withdraws from the College of Law and a report of a violation is or has been filed against him/her, the pre-hearing procedures prescribed in Article VII shall be completed. A record as to the findings of the pre-hearing investigation shall be included in the accused student's file.

The forgoing Honor Code was adopted and ratified in open assembly this 28th day of April 1983, by the students of the College of Law, who agree and consent to be governed thereby.

Attest: Michael R. O'Donnell

Chancellor, Potter Law Club

Approved this 13th day of May 1983 by vote of the faculty of the College of Law.

Attest: Peter C. Maxfield

Dean (Signatures on file in the Dean's Office.)