Academics

Review Georgia State University Code of Conduct

(Approved, as amended Nov. 17, 1982; Dec. 6, 1988; May 14, 1998; April 15, 2004; May 10, 2018; April 30, 2021; March 24, 2023)

Preamble

Students at the College of Law are joining an academic community and embarking on a professional career. The law school community and the legal profession share many important values. Every member of the College of Law has the right to live and learn in an atmosphere of trust and support. Responsibility for maintaining these values in our community rests with each individual member. Values that promote this atmosphere include:

HONESTY: Be truthful in your academic work and in your relationships.

INTEGRITY: Be trustworthy, fair and ethical.

RESPONSIBILITY: Be accountable for your actions and your learning.

RESPECT: Be civil. Value the dignity of each person. Honor the physical and intellectual property of others.

Section 1. Application and General Rules

Sec. 1.1 Application and Definitions

a. This document is the Honor Code of the Georgia State University College of Law (hereinafter “Code”). It applies to all students who enroll for any academic credit in the College of Law and applies to any aspect of their association with the College. This policy applies to all incidents that violate the Honor Code, including those that occur in the admission process as well as before a student graduates but are not discovered until after the degree is conferred.

b. If any provision of this Code is inconsistent with any provision of the College of Law Bulletin or any other code of conduct applicable at Georgia State University, this Code shall govern.

c. All students who enroll for any academic credit in the College of Law are also subject to the Georgia State University Student Code of Conduct.

d. As used in this Code, reference to the “Dean” or “Associate Dean” shall mean the Dean and Associate Dean for Student Affairs at the College of Law. Whenever specific titles are used in these procedures, they shall include the appropriate designee of the person bearing these titles. Whenever references

to the singular appear in this handbook, the plural is also intended; whenever the plural is used, the singular is also intended.

e. As used in this Code, “Hearing Panel” means the members of the Student Honor Court and Faculty Honor Code Committee designated to hear a given case pursuant to Section 2 and acting under authority provided by this Code.

f. As used in this Code, “days” refer to calendar days. The term “calendar days” does not include when Georgia State University College of Law is closed.

Sec. 1.2 General Rules

a. Each student has a duty to read the Code. Ignorance of any provisions in this Code shall not be a defense to any violation of the Code.

b. Except as otherwise provided in this Code, any notice requirement in this Code may be satisfied by sending an e-mail to the address assigned to the student by the College of Law.

c. This Code, as amended on April 30, 2021, shall apply to any violations which occur on or after 30 days from May 1, 2021, the date this Code has been posted. Violations which occurred prior to June 1, 2021, shall be governed by the Honor Code, as published on the College of Law website at the time of the violation.

d. Amendments to this Code shall not be effective until they have been posted on the College of Law website for at least 30 days.

e. The dates and deadlines provided in this Code should be followed when possible, and if not possible, the accused Student should be notified of any extensions granted. To the extent the time periods are shorter than those contained herein, the shortened time periods must be agreed to by the accused Student. Failure to comply with any deadlines or time requirements in this Code shall not be the basis for dismissal or appeal on behalf of a Student charged with violations of this Code.

f. All students under investigation or who have been charged with an Honor Code violation are entitled to work with an Advisor. The Advisor is permitted to accompany the accused Student to meetings and proceedings during the investigatory and/or resolution process for the express purpose of providing advice and counsel to the Student. An Advisor may, but does not have to be, an attorney. The Advisor is allowed to advise their advisee in any manner

including providing questions, suggestions, and guidance on responses to any questions posed to the advisee. However, an Advisor may not advocate or participate directly during the investigation or hearing process.

Section 2. Duties of Students Under the Honor Code

Sec. 2.1 Reading and Abiding by the Code

All students must read this Code and abide by it.

Sec. 2.2 Reporting Misconduct

A Student shall report any conduct that they know or suspect constitutes a violation of this Code. A Student who has information sufficient to create a reasonable belief that a violation of this Code has occurred shall promptly report that information as provided in Sec. 4(b).

Sec. 2.3 Testifying Truthfully

A Student shall testify fully and truthfully in regard to a Code violation when called to do so.

Sec. 2.4 Maintaining Confidentiality

A Student must keep confidential all information and testimony related to Honor Code investigations and proceedings.

Section 3. Violations of Honor Code

Sec. 3.1 Academic Misconduct, Generally

It shall be a violation of the Code for any student to obtain or seek to obtain an unfair academic advantage for himself or herself or any other student.

Sec 3.2 Academic Misconduct, Assessments

With regard to assessments, any of the following shall be a violation of the Code: unauthorized use of materials, unauthorized use of human or other help, unauthorized use of electronic or technological methods, unauthorized communications, and unauthorized extension of time. It shall also be a violation of the Code to violate instructions about which an instructor has notified students will constitute a Code violation.

Sec. 3.3 Plagiarism and Related Offenses

It shall be a violation of this Section for any student to commit plagiarism or a related offense.

Plagiarism under this Code means presenting someone else's work or ideas as one’s own, with or without their consent, by incorporating it into one’s own work without full acknowledgement or attribution of the source. When one is

using the words of another verbatim, proper attribution of the source requires the use of quotation marks or other conventions to indicate clearly that fact. Plagiarism also includes rewriting or paraphrasing the ideas or passages of another if the source is not properly attributed.

In addition to failing to properly attribute sources of ideas, for purposes of this Section, plagiarism also includes plagiarizing one’s own, or another student’s work. No student shall plagiarize in the submission of any paper, project, or other written work submitted for academic credit or any other academic purpose in the College of Law. By way of illustration only and not by way of limitation, the following are examples of violations of this Section:

(1) Submitting the same or substantially the same written work for academic credit in more than one course without express permission of the instructors in both courses.

(2) Submitting the work of another (current or former) student as one’s own or allowing such submission.

Sec. 3.4. Dishonesty/Misrepresentation

It shall be a violation of the Code to perform any act or make any statement (written or oral) to any member of the College of Law faculty, staff, or administration providing or containing false, incomplete, or misleading information.

Sec. 3.5 Recording and Disseminating

a. It shall be a violation of the Code to take screen shots, or make audio or visual recordings, or otherwise electronically capture any portion of a class or other course activity, or to disseminate materials or recordings from any class or course activity without express permission of the instructor.

b. It shall be a violation of the Code to take screen shots, or make audio or visual recordings, or otherwise electronically capture any portion of a College of Law event, or to disseminate materials or recordings from any event without express permission of the dean or speaker.

Sec. 3.6 Preprofessional Misconduct

It shall be a violation of the Code for any student to engage in any conduct in connection with any activities of the College of Law which raises a substantial question as to that student’s honesty, trustworthiness, or moral fitness to practice law or become a member of the legal profession.

Sec. 3.7 Other Offenses

A student may be charged with a violation of this Code if a student acts in a manner not otherwise directly covered in this Code that shows an intentional disregard for the ethical standards of the legal profession or the fundamental values of Georgia State College of Law community. Examples of this kind of conduct include, but are not limited to:

(1) Failing to indicate clearly to the instructor that one’s written work was submitted after the announced deadline for such submissions;

(2) Fabricating references or citations in any written work submitted for credit;

(3) Engaging in prohibited collaboration in course work;

(4) Using artificial intelligence (“AI”) models and applications, including but not limited to machine learning, deep learning, neural network, natural language processing or any predictive language models or applications, to complete an assignment or assessment unless the use of AI is specifically permitted by the course instructor. Legal research systems, word processing programs and their standard tools (e.g., spelling, grammar, and plagiarism checks) or automatic cite checkers — i.e. machine processes that do not create content but review student-created content for common errors or omissions — are not considered AI or an AI tool unless otherwise expressly stated by the instructor consistent with Section 3.2.

(5) Failing to report an Honor Code violation, as required by Sec. 2.2 and 4(b) provided that the Student had information sufficient to create a reasonable belief that another Student has violated this Code.

Section 4. Procedures for Reporting Possible Code Violations

Any GSU COL student, faculty member, instructor, administrator, or staff member who witnesses a possible Code violation or otherwise has information sufficient to create a reasonable belief that a violation of the Code has occurred should promptly report the possible violation.

a. Reports by Instructor. Any Instructor who reasonably believes that a student may have violated the Code should promptly report in writing the facts giving rise to that belief to the Associate Dean.

b. Violations Reported by Someone Other than Instructor. Any person, other than the Instructor, who believes that a student may have violated the Code should report in writing the facts giving rise to that belief to either: the Instructor in whose course the violation allegedly occurred; a member of the Student Honor Court; a member of the Faculty Honor Code Committee; or the Associate Dean. In the event that a student reports an alleged violation only to the Instructor, the Instructor shall inform the Associate Dean in writing, per Sec. 4(a) above, if the faculty member forms a reasonable belief that a violation has occurred. The Instructor’s report must include the writing received from the reporting person and the identity of the original reporting person

Section 5. Student Honor Court, Faculty Honor Code Committee and Hearing Panel

Sec. 5.1 Student Honor Court

a. The Student Honor Court shall be elected pursuant to the Constitution of the Student Bar Association of the College of Law. The Court shall elect a student to serve as Chief Justice of the Student Honor Court.

b. The Student Honor Court is subject to all the rules and procedures set forth in this Code.

c. When a Hearing Panel must be convened to hear a case under this Code, the Chief Justice of the Student Honor Court shall choose two members of the Court to serve on the Hearing Panel. A Student Honor Court member may request recusal with justification to the Chief Justice. If approved, the Chief Justice of the Student Honor Court shall appoint a replacement from the remaining Court members.

Sec. 5.2 Faculty Honor Code Committee

a. A Faculty Honor Code Committee (hereinafter “Committee”) shall be appointed by the Dean of the College of Law as described in the COL Faculty bylaws with jurisdiction to adjudicate all violations of the Code.

b. The Committee shall consist of five members of the full-time faculty, who shall be appointed to serve terms of three years. The Dean shall appoint the Chair and all members of the Committee. No appointee who has served a full term of three years shall be eligible for reappointment to the Committee until one year after termination of his or her last term. Vacancies which arise shall be filled by appointment of the Dean for the remainder of any unexpired term. The Chair of the Committee shall be a tenured full professor.

c. When a Hearing Panel must be convened to hear a case under this Code, the Chair of the Faculty Honor Code Committee shall choose two [2] members of the Committee to hear the case along with the Chair and two members of the Student Honor Court chosen by the Chief Justice of the Student Honor Court. The Dean may, in his or her discretion, appoint another member of the Committee to perform the duties of the Chair for a specific case. The Chair or any member of the faculty appointed to hear a case may request recusal, in which event the Chair shall appoint a replacement from the Committee members. If the Chair is recused, the Chair shall designate another Committee member as the Hearing Panel Chair. In the event that reasons for disqualification or other matters preclude the selection of a total of three [3] members of the Committee [two members and a faculty trial body chair] to sit on a case, the Dean shall appoint other faculty members to sit by designation for that proceeding only.

Sec. 5.3 Hearing Panel

a. When a Hearing Panel must be convened, two members of the Student Honor Court, two members of the Faculty Honor Code Committee, and the Chair of the Faculty Honor Code Committee [or his or her appointee], shall hear Honor Code violation cases and shall be designated as the “Hearing Panel” for that hearing.

b. When acting as a Hearing Panel, the Faculty Honor Code Committee Members and Chair, and the Student Honor Court Members are subject to all the rules and procedures set forth in this Code.

c. The Hearing Panel Chair may develop and promulgate written rules of procedure for the hearings, preside over hearings, and rule on any procedural or evidentiary matters related to such hearings. The Hearing Panel Chair also shall execute any notice provisions required of the Hearing Panel by this Code.

d. When two or more students are charged with a violation arising from the same set of events or circumstances, when practicable, the same Hearing Panel should preside over all cases arising from those events or circumstances.

Section 6. Procedures for Investigation of a Potential Violation

Sec 6.1 Appointment of Investigator and Notice to Accused

Upon receiving a written report of an alleged violation of the Code, the Associate Dean shall make a preliminary determination about whether the reported violation falls within the parameters of potential Code violations and

thus warrants investigation. If the Associate Dean decides that the matter warrants a formal investigation, the Associate Dean shall appoint one or more faculty members as an Investigator within ten [10] days of receipt of the written report and notify the accused Student of the allegation within those 10 Days.

Sec. 6.2 How Notice Happens

If the Associate Dean decides that the matter warrants a formal investigation, the Associate Deal shall notify the accused Student within ten [10] Days of receipt of the written report of the alleged violation[s]. The notice will occur via the Student’s university assigned GSU COL email address.

The notice must inform the accused Student of the following:

a. An investigation is being conducted into a possible Code violation;

b. The general nature of the alleged violation;

c. The name of the Investigator[s];

d. That at the conclusion of that investigation, the matter, and any other matters discovered during the course of the investigation, will either be closed or prosecuted in accordance with these Procedures;

e. If the Student either does not respond or is found to have committed the offense described, the Student may receive one or more of the sanctions described in Section 9;

f. That the Student is entitled to work with an Advisor as set forth in Sec. 1.2(f);

g. That the Student may access the Code and its procedures via a link which is set forth in the communication;

h. That the Student must acknowledge receipt of the notice within five [5] days of the date it was emailed; and

i. That all written communications related to this matter (including charges, procedure, investigations, appointments, hearing scheduling and the like) will occur via the Student’s GSU COL assigned email address.

Sec. 6.3 Conduct of Investigation

The Investigator may interview witnesses, including the accused Student, and review any documents, electronic communications, or other information that may assist in determining facts relevant to the alleged violation. An accused Student who refuses to answer inquiries regarding the matter shall not be subject to additional discipline for doing so, however, their lack of response will be noted in the investigation report.

Sec. 6.4 Submission of Investigation Report

The Investigator shall submit a written report to the Associate Dean within 21 days after appointment, unless the Associate Dean has granted a reasonable extension of time and has notified the accused Student of that extension. The investigation report must summarize the factual findings of the investigation and determine whether probable cause exists to support any honor code violation allegation.

In this Code, probable cause exists when the Investigator determines that there is a reasonable basis for believing an Honor Code violation has occurred. If the Investigator finds that probable cause exists, the Investigator’s report must identify the Section[s] of this Code that have been potentially violated and the evidence that he or she believes supports a probable cause finding for each violation.

All materials used by the investigator in determining probable cause will be provided to the accused Student following the completion of the investigative report. Any Student’s identifiable information may be redacted to comply with federal law or University privacy requirements.

Sec. 6.5 Action by Associate Dean Upon Receipt of Investigation Report

a. If the Associate Dean determines that the allegations in the investigation report, and the supporting evidence, even if proven to be true, would not constitute a Code violation, the Associate Dean may close the matter. The Associate Dean shall promptly notify the accused Student, in writing, and the Instructor in the affected Academic Program, that the matter has been closed with a finding that no violation of the Code occurred.

In the event the Associate Dean determines the initial report does not warrant further investigation or that the Investigator does not find probable cause to pursue a hearing, the Associate Dean shall close the matter and the Instructor shall not reduce the Student’s grade due to the alleged violation. The Instructor remains, however, free to adjust grades as deemed appropriate for violations of the instructor’s class rules and procedures.

b. If the Associate Dean determines that the allegations and the supporting evidence in the investigation report, if proven to be true, would constitute a Code violation, the Associate Dean shall, within five [5] days of receiving the report, notify the Student Honor Court Chair and Faculty Chair that they must convene a Hearing Panel and notify the accused Student that the matter will be referred to a Hearing Panel for hearing and disposition as provided in Section 7.

c. A Hearing Panel will be appointed within five [5] days of notice by the Associate Dean that such panel must be convened. Upon receipt of the names of those constituting the Hearing Panel, the Associate Dean will relay the names of Hearing Panel members to the accused Student.

No Hearing Panel member shall consider a matter in which that person is unable to serve with impartiality. If an accused Student believes that a member of the Hearing Panel should be recused for partiality, the accused Student shall notify the Associate Dean in writing within three [3] days of notification of the members of the Hearing Panel, showing cause why a member should be removed from consideration of the matter. If a member is removed or unable to serve, a substitute shall be appointed as set forth in the Hearing Panel definition. Once the three-day window has expired, the Hearing Panel is formally constituted.

d. If the Associate Dean determines that additional investigation of the original allegations or of additional allegations is needed, the Associate Dean may request further investigation of the matter prior to disposition under either paragraph (a) or (b) above.

Section 7. Procedures for Adjudication

Sec. 7.1 Appointment of Presenting Party

Upon a decision by the Associate Dean to refer a matter for hearing, the Investigator shall serve as the Presenting Party.

Within seven [7] days of the appointment of a formally constituted Hearing Panel per Sec. 6.5(c) above, the Presenting Party shall prepare and provide to the Chair of the Hearing Panel:

a. A Statement of Allegations;

b. A list of witnesses likely to be called to testify at the hearing; and

c. Copies of any documents or other materials likely to be produced at the hearing [hereinafter Presenting Party materials].

The Hearing Panel Chair shall forward the Presenting Party’s materials to the accused Student promptly upon receipt of those materials, and in no case later than five [5] days after the receipt of those materials.

Sec. 7.2 Hearing Date

Within five [5] days of receipt of the Presenting Party’s materials, the Hearing Panel Chair shall set a date for a hearing. Absent extenuating circumstances, the hearing shall be held not less than twelve [12] days nor more than twenty-one [21] days after receipt of the Presenting Party’s materials [see Sec. 7.1 above]. Additionally, to the extent the Chair, accused Student, and the Presenting Party agree, the timeline provisions of this Section may be waived or modified.

Sec. 7.3 Hearing Format

The Chair and Hearing Panel may decide to conduct the hearing in person or virtually. If a hearing is conducted in person, all attendees and witnesses will be required to attend in person, if possible. Express permission of the Chair is required to virtually attend an in-person hearing. If a hearing is conducted virtually, all attendees and witnesses will be required to attend virtually and participate with both audio and video turned on at all times.

Sec. 7.4 Notice to the Accused Student and Others

Upon setting the Hearing Date, the Chair shall deliver to the accused Student, via email, the following information:

a. Notice of the time and place of the hearing – including whether the hearing will be held virtually or in person.

b. If a Student chooses to have an Advisor at the hearing [per Sec. 1.2(f)] the Student must notify the Chair, providing the identity of the Advisor no less than five [5] days before the scheduled date of the hearing.

c. Notice that the Student must provide a list of witnesses and documents to the Chair and the Presenting Party if witnesses and documents other than those in the Presenting Party materials [see Sec. 7.1] might be used. The Student must provide this information no less than five [5] days before the scheduled date of the hearing.

d. Specific notice that the hearing is the Student's opportunity to defend against the allegations brought and that one or more sanctions specified in Section 3 may result from a finding that any violation occurred.

e. Notice that the hearing and sanction hearing will generally be held on the same day and students must be prepared to present any evidence in defense of allegations as well as any mitigation evidence if there is a finding of a violation.

f. The Chair shall also send notice of the hearing date to the Associate Dean, the Presenting Party, and the Instructor[s] in the affected Academic Program.

Sec. 7.5 Exclusion of Witnesses/Evidence

The Chair may delay the hearing or exclude from the hearing any witnesses or documents not identified prior to the hearing, as required by Sec. 7.1 and 7.4, if the lack of prior notice would unfairly prejudice either party. The Chair, at his or her discretion, may delay the hearing if the required notice of that person's intended presence is not provided as required in Sec. 7.4.

Sec. 7.6 Notifying Witnesses

The Chair is responsible for informing the witnesses appearing for the violations portion of the hearing that they will be required to appear at such hearing. For clarifying or confirming facts of the accused violation, either party may talk to the witnesses prior to the hearing.

Witnesses who will be solely called for the sanctions portion of the hearing, [see Section 7.9(b) below] if there is one, will be contacted by the Presenting Party or the accused Student.

Sec. 7.7 Attendance at Hearing

All hearings must remain confidential and closed to persons other than the Hearing Panel, the Presenting Party, the Instructor in the affected class or academic program, the witnesses during the time of their testimony, the accused Student, and the Advisor. The accused Student and his/her Advisor, as well as the Presenting Party may attend the entire hearing. All others will attend only for their testimony and be sequestered until their testimony.

Sec. 7.8 Student Non-Attendance

In the event that the accused Student does not appear at the appointed time and place for the hearing, and the absence is without excuse, the Hearing Panel may elect to hear the matter in absentia.

Sec. 7.9 Conduct of the Hearing

The hearing shall be conducted in two parts, set forth in paragraphs (a) and (b) of this Subsection. Hearing Panel members must be present for the entire hearing. All hearings conducted virtually shall require both audio and video attendance by the Hearing Panel, the Presenting Party, the Accused, the Advisor and any witnesses. Absent approval from the Hearing Panel Chair, if a hearing is conducted in person, all witnesses and members of the hearing panel must be present in person.

a. Violation Hearing. At the outset of the violation hearing, the Chair shall provide each member of the Hearing Panel with a copy of the Statement of Allegations or shall read aloud the Statement of Allegations in its entirety. The Student and the Presenting Party shall be given the opportunity to make a brief opening statement should they desire to do so. The Presenting Party appointed pursuant to Sec. 7.1 shall proceed by presenting evidence supporting the allegations set forth in the Statement of Allegations. The Presenting Party may present and question witnesses and offer other relevant evidence in support of the allegations. The accused Student shall have the right to question the witnesses.

At the conclusion of the Presenting Party's case, the accused Student may present and question witnesses and offer any other relevant evidence for the purpose of defending against or mitigating the allegations set forth in the Statement of Allegations. The Presenting Party may question witnesses offered by the accused Student.

Formal Rules of Evidence do not apply and any relevant evidence is admissible, including hearsay, unless excluded by the Chair for good cause.

Members of the Hearing Panel also have the right to question any witness presented by the Presenting Party or the accused Student.

After all evidence has been presented, the Presenting Party may make a closing statement to the Hearing Panel followed by a closing statement by the accused Student. The Presenting Party may then offer a brief rebuttal statement.

The Hearing Panel will then deliberate in private until a decision is reached on each allegation.

In order to find a violation, the Hearing Panel must determine by a vote of four out of five panel members that facts sufficient to constitute a violation have been proven by clear and convincing evidence.

If the Hearing Panel determines that a violation has not been adequately proven, the Hearing Panel Chair or his/her designee shall prepare written findings of fact and conclusions dismissing the allegation. The Chair shall send a copy of the findings and conclusions to the accused Student and to the Presenting Party. Written notice of the findings and conclusions shall also be sent to the Dean and the Instructor in the affected Academic Program.

If the Hearing Panel does not find a violation of the Honor Code, the Instructor shall not reduce the Student’s grade due to the alleged violation. The Instructor remains, however, free to adjust a Student’s grade as deemed appropriate for violations of the instructor’s class rules and procedures.

If the Hearing Panel determines that a violation has been adequately proven, the Hearing Panel Chair or his/her designee shall prepare written findings of facts and conclusions supporting that finding, along with a recommended sanction [see Sec. 7.9(b)] to the Student and the Dean. The Instructor in the affected Academic Program, and the Presenting Party, shall be notified of the finding but not of the sanctions.

If the accused Student admits a violation has occurred, and additional students have been charged with violations involving the same incident, the accused Student will have a sanctions hearing by the same Hearing Panel that is hearing the charges against the other students involved in the same incident.

b. Sanctions Hearing. As noted above, a sanctions hearing is to be scheduled, whenever practicable, on the same day as the violations hearing. If the Hearing Panel determines that a violation has been adequately proven, the Hearing Panel shall then reconvene to consider evidence in aggravation or mitigation of the offense for the purpose of determining a sanction unless the Student chooses to waive the additional hearing per Section 8 below.

(1) Prior to the Hearing Date, the Presenting Party shall request any information regarding previous charges or violations of the COL Honor Code. Additionally, the Associate Dean will provide any disclosures regarding academic misconduct in the accused Student’s law school application.

(2) Any documents, materials, prior charges or other information the Presenting Party intends to use at a Sanctions Hearing, and a list of any witnesses the Presenting Party intends to call at a Sanctions Hearing shall be provided to the accused Student not later than five [5] days prior to the violations hearing.

(3) Any documents, materials, mitigation materials or witnesses the accused Student intends to use at a sanctions hearing shall be provided to the Presenting Party not less than three [3] days prior to the scheduled hearing.

(4) The accused Student may make a personal statement to the Hearing Panel.

(5) If the Presenting Party has no additional evidence it intends to present at a sanctions hearing, the accused Student may choose to waive the sanctions hearing and make a personal statement to the Hearing Panel as it relates to sanctions at the end of the Violation Hearing.

(6) The Hearing Panel shall then deliberate in private and agree, by a majority vote, upon an appropriate sanction recommendation. The Hearing Panel shall make a recommendation to the Dean with regard to the appropriate sanction [see Section 9 below]

(7) All sanction recommendations must be accompanied by findings of fact and conclusions as to responsibility for allegations of violations as well as findings of fact and conclusions as to recommended sanctions.

Section 8. Procedures When a Student Chooses to Admit a Violation

Sec. 8.1 Admission of Violation

a. An accused Student may, at any time, admit a violation of the Code by providing to the Associate Dean a written statement admitting violations of the Code. If a Student has multiple potential violation allegations against him or her and chooses to admit only some of them, the procedures set forth in Section 7 apply to the remaining allegations. A sanctions hearing will be held once all allegations have been determined either via admission or via a violation hearing under Section 7b. If the accused Student admits all violations before an Investigator has been named, the Associate Dean shall determine whether it is necessary to appoint an Investigator to conduct an investigation to determine any additional facts relevant to the admission and if there are additional violations for which probable cause exists. If an investigator is appointed, the Investigator must determine if there is probable cause to support a finding of any additional allegations. The investigator must submit a report within 21 days of his or her appointment either stating that there is or is not probable cause to support additional violation allegations.

c. If the Investigator finds that there is probable cause to believe there are additional allegations, and the Associate Dean finds those allegations fall within the Honor Code, the Associate Dean must follow the procedures outlined in Sections 6 and 7 with regard to those additional allegations. The Student may admit those additional violations in a “final statement of admission.” If the Student contests those additional violation allegations, the process will proceed under Section 7.

d. The Associate Dean may decide an admission fails to fully address the alleged violation, or that the admission raises questions of credibility, or leaves unresolved factual issues that should be determined by a Hearing Panel. If the Associate Dean determines the admission is not a full and frank acceptance of responsibility, the Associate Dean may refuse to accept it. Upon that refusal, the Hearing Panel will conduct a violation hearing as described in Section 7.

Sec. 8.2 Sanctions Hearing If Student Admits a Violation

a. If the accused Student admits all violations of which he or she could be found responsible per Sec. 8.1 above, the Student Honor Court Chair and Faculty Committee Chair shall convene a Hearing Panel to hear the matter for the sole purpose of determining the appropriate sanction.

b. If the accused Student admits a violation has occurred, and additional students have been charged with violations involving the same incident, the accused Student will have a sanction hearing, when practicable, by the same Hearing Panel that is hearing the charges against the other students involved in the same incident.

c. If no other student is charged with violations involving the same incident, the Hearing Panel will hold a sanctions hearing per Section 9 within twenty one [21] days of the final written statement of admission from the Student [see Sec. 8.1(c) above].

d. When a student admits a violation, the Sanctions Hearing Panel may take into account evidence in the admission statement, evidence relating to the underlying charges and conduct to the extent necessary to understand the conduct and admission, evidence of acceptance of responsibility and remorse, and aggravating and mitigating factors as set out in Section 7.9(b).

Section 9. Sanctions

Sec. 9.1 Sanction Options

The following sanctions may be imposed upon a Student found to have violated the Code:

(1) A notation of violation on the Student's permanent record. Any finding of a violation of this Honor Code, unless it is overturned by subsequent proceedings, must be noted on a Student's official record at the College of Law;

(2) A letter of reprimand;

(3) Suspension of at least one semester during the regular academic year [Fall or Spring]; suspension for additional semesters, including Summer, may also be recommended.

(4) Permanent dismissal from the College of Law;

(5) Revocation of degree

In addition to the above sanctions, an instructor may choose to lower a Student’s grade based upon the violation [see Sec. 9.3 below]

Sec. 9.2 Aggravating Factors. A history of discipline for academic dishonesty will be treated as a significant aggravating factor in determining the appropriate sanction for a subsequent offense. The sanctions provided for in this Section are intended to be disciplinary.

Sec. 9.3 Independent Academic Discipline

Nothing in these procedures, including the imposition of any sanction, shall be interpreted to limit the academic authority of an Instructor to determine an appropriate grade for a Student. If an Instructor determines that a convicted Honor Code violation involving the Student's performance in an Academic Program merits a grade reduction or a failing grade, the Instructor's authority to award such an appropriate grade is not limited by the imposition of any sanction under this Section. An instructor retains the right to designate a grade “in progress” until after the Hearing process has been completed.

Sec. 9.4 Recommendation to the Dean

The Hearing Panel will recommend a sanction to the Dean based upon the evidence presented to it [see Section 10 below].

Section 10. Hearing Panel Recommendation of Sanctions to the Dean

Sec. 10.1 Dean Decides Sanction

All recommendations for sanctions by the Hearing Panel are made to the Dean, who may impose the recommended sanctions or lesser ones in his or her discretion. Subject to Section 9 of this Code, the Dean must impose as a sanction at least a notation of violation on the Student's permanent record. The Dean shall inform the Student in writing of the sanctions imposed.

Sec. 10.2 Sanctions Based Only on Official Record

Any sanctions imposed by the Dean shall be based only on the official record of the hearing and the findings of fact and conclusions submitted by the Hearing Panel.

Sec. 10.3 Additional Evidence

To the extent that the Dean is presented with evidence outside the official record of the hearing, the Dean shall refer any such evidence to the Chair of the Hearing Panel who shall treat the additional evidence as a motion to reopen the record to permit the consideration of new evidence. If the Chair of the Hearing Panel finds that the new evidence could not reasonably have been presented at the hearing and the evidence is material to the finding that there was a violation of the Code, the Chair shall withdraw the Hearing Panel’s findings of fact and recommendations regarding sanctions and reconvene the Hearing Panel that made the initial recommendation to the Dean to receive the new evidence. If the new evidence relates only to possible sanctions, the Chair may either reopen the hearing to consider the new evidence or return the evidence to the Dean for his or her consideration in deciding the appropriate sanctions. If the new evidence reasonably could have been presented at the hearing, or if the evidence is immaterial or cumulative of evidence already in the record, the Chair of the Hearing Panel may refuse to reopen the hearing or otherwise add the evidence to the record forwarded to the Dean.

Sec. 10.4 Further Proceedings

If the Dean, in his or her discretion, based upon a review of the written findings of facts and conclusions submitted by the Hearing Panel and the official record of the hearing, decides that further proceedings should be held regarding the matter, the Dean may:

a. remand the matter to the Hearing Panel which held the original hearing for further proceedings consistent with the Dean's written order to that effect;

b. order a de novo hearing before a newly constituted Hearing Panel made up of three faculty members, chosen by the faculty at the next regularly scheduled faculty meeting, who are tenured and had no role in the investigation or deliberation of the matter at issue. The Dean may select this option only once for any single case.

Sec. 10.5 Appealability of Final Decision

Any final decision of the Dean regarding imposition of sanctions against a Student for any violation of this Code shall follow the University appeal process and may be appealed to the Office of the Provost, with additional appeals opportunities. Additional information is provided to the Student in the final decision by the Dean regarding any required procedures pertaining to the appeal.

Sec. 10.6 Execution of Sanction

The Dean shall notify proper University offices of the sanction imposed on the Student.

Sec. 10.7 FERPA Rights

In accordance with the Family Education Rights Privacy Act (FERPA), the subject Student shall have the right to inspect the official record of the proceedings against the Student.

Section 11. Records of Accusations and Findings – Referral to State Bar Organizations

Sec. 11.1 Maintaining a File That May Be Shared With the State Bar

A separate file shall be maintained by the College of Law of findings of probable cause that an Honor Code violation has occurred. Any such finding can be shared with appropriate Fitness Committees of State Bar organizations.

Sec. 11.2 Providing Adjudication Records to the State Bar

If a Student has been adjudicated as having committed a violation, a record of that finding, along with the sanction, will be shared with the appropriate Fitness Committees of the State Bar organizations.

Section 12. Recording of Hearing

An audio recording or other record of the hearing must be made and retained by the College of Law.