6.2.1 Preamble
6.2.2 Jurisdiction
6.2.3 Honor Committee
6.2.4 Students' Rights and Responsibilities
6.2.5 Violations
6.2.6 Procedure in Case of Alleged Violation
6.2.7 Appeals
6.2.8 Other Post Hearing Procedures
6.2.9 Conclusion
This Honor Code should be read in its entirety and its provisions
taken seriously. Penalties for violation of the Honor Code can be severe,
up to and including expulsion. Students are advised to pay particular
attention to Section 6.2.4, Students' Rights and Responsibilities, including
the right to retain counsel.
6.2.1 Preamble
6.2.1.01 We, the faculty and students of Capital University
Law School, in recognition of our obligations as members of a profession
that is responsible for the administration of justice in our society,
affirm our belief in the following precepts:
A. It is essential to the welfare of the legal profession and people
whom it serves that the integrity of all of its members be beyond reproach
at all times;
B. There is, beyond purely professional considerations, an overriding
moral obligation to conduct the learning process in an ethical fashion;
C. The success or failure of an Honor Code is dependent on the willingness
of those governed by it to enforce it. If the Honor Code is to be effective,
each student must make a personal commitment to comply individually
with its provisions and must accept the responsibility of assuring compliance
by other students. A student's sense of justice and integrity should
obligate him or her to report violations of the Honor Code in order
to preserve the academic integrity of the Law School.
Relying upon the above precepts, we hereby adopt the following rules
and procedures as the Academic Honor Code of Capital University Law
School.
6.2.2 Jurisdiction
6.2.2.01 The Honor Code
A. The Code shall serve as the basis for determining whether a Code
violation has occurred and shall govern alleged violations of the Code.
The Code applies to all any act engaged in as a student at Capital University
Law School, all graduate programs, and those students enrolled in the
Certified Legal Assistant Program. The code has a five year limitation
period that begins to run from the date of a student’s graduation.
6.2.2.02 Withdrawal/ Dismissal
A. The withdrawal of a student from the Law School, or the dismissal
of the student for reasons of academic deficiency for other reasons,
does not prevent Honor Code proceedings from continuing.
6.2.2.03 Scope
A. This Honor Code does not limit the power of the University, the
Law School, the Faculty, or the Dean to take action that any of them
has the power or the duty to take. Specifically this includes but is
not limited to:
1. the decision regarding the certification of good moral character
of a candidate for the Bar;
2. sanctions imposed on students who are determined to have violated
the University or Law School rules, regulations, and policies.
6.2.3 The Honor Committee
6.2.3.01. The Honor Committee is composed of three
(3) full-time faculty members chosen by the Law School Faculty or by
the Dean; the Day Vice-President of the Student Bar Association (hereinafter
SBA); the Night Vice-President of the SBA; and two (2) other students
selected by the SBA.
6.2.3.02 If a member of the Committee is unable to
serve, the faculty replacements may be selected by the Dean, and student
replacements may be selected by the SBA.
6.2.3.03 One of the three faculty members, chosen
by the Dean, shall serve as the faculty co-chairperson of the Honor
Committee. The SBA Day Vice-President shall serve as the student co-chairperson
of the Honor Committee. The faculty member shall preside over the hearings.
The SBA Day Vice-President shall preside at all other times.
6.2.3.04 The Honor Committee shall designate two members
(one faculty member and one student member) as investigators. Neither
of the co-chairpersons shall be designated as investigators.
6.2.4 Students - Rights and Responsibilities
6.2.4.01 Student Right to a Statement of the Charges
An accused student has the right to a clear, concise statement in writing
of the charges.
6.2.4.02 Student Right to Counsel
An accused student has the right to be represented by counsel or a
representative of the student’s choice retained by the student
at the student’s expense. The accused student may be accompanied
by an attorney or other representative at the hearing. (The attorney
or other representative must not be employed by Capital University.)
The attorney or other representative may participate at the hearing
subject to the rulings of the panel chair.
6.2.4.03 Student Rights and Responsibilities in the
Event of a Hearing.
In the event of a hearing before the committee, an accused student
has the right to:
A. Adequate notice to prepare any defense for the Honor Committee hearing
the student wishes to offer;
B. A personal appearance before the Honor Committee;
C. Present oral, documentary, or other evidence in the student’s
behalf;
D Make an opening and closing statement to the committee;
E. Examine and cross examine witnesses;
F. Seek the assistance of the committee in requesting the presence
of witnesses and the production of documents or other evidence;
G. Make sworn or affirmed statements before the committee;
H. A presumption of the student’s innocence until a majority
of the committee is convinced by clear and convincing evidence that
the student engaged in the misconduct charged in violation of this code;
and
I. A copy of the committee’s decision in writing, timely upon
rendition.
6.2.4.04 The student may waive any right conferred
by giving notice of such waiver in writing to the committee. The student
will waive the rights in 6.2.4.03 if the student fails to appear at
the hearing without good cause after being duly served.
6.2.5 Violations
6.2.5.01 Cheating on Exams
A. No student shall give or receive aid during any examination.
B. No student shall attempt to give or receive aid during any examination.
C. Definition:
1. "Aid" means information from any source or help of any
nature not specifically permitted by the instructor.
2. "Give or receive" means voluntary transmission or receipt
of aid in any manner, and includes (but is not limited to) receipt
or aid from persons, notes, books, or objects.
6.2.5.02 Improper Cooperation on Outside Work
A. No student shall cooperate with another student, or solicit cooperation
from or offer cooperation to another student, in the preparation of
outside work assigned to both, unless cooperation on that specific assignment
has been expressly permitted by the instructor.
B. No student assigned outside work shall solicit or receive cooperation
or assistance in the preparation from persons, sources, or objects (including
but not limited to computers), where such cooperation or assistance
on the specific assignment has been expressly forbidden by the instructor.
C. Definitions and Explanations:
1. "Preparation of outside work," as used in this section
means work involved in or leading to either:
a. The production of any written material required to be produced
by the student outside of class, as part of a course, and which
is to be submitted to and graded by the instructor; or
b. Preparation for any moot court, mock trial, or oral presentation,
which is to be conducted as an assigned and graded portion of a
course.
2. Preparation includes, but is not limited to the discussion, analysis,
or identification of legal issues, format, concepts, sources, and
theories pertaining to outside work assigned.
3. "Assigned to both" means that both are required to simultaneously
work on the same or opposite sides of the same case or question, or
on the same or opposite sides of different but highly similar cases
or questions.
D. This section does not apply to:
1. Preparation of ordinary assignments, no matter what research they
may require. An assignment is "ordinary" within the meaning
of this subsection if it involves neither preparation of a special
written project nor preparation for a moot court or mock trial.
2. Such exchange or information as may occur through the observation
of the titles of books being read by a student.
3. Such cooperation or attempted cooperation as may occur by the
giving, receiving, or soliciting of information as to the location
of particular books, sets of books, or types of books.
6.2.5.03 Plagiarism
A. No student shall submit any of the following for credit:
1. work in which a significant portion was prepared by another person,
2. work copied, in whole or in part, whether word for word or in
substance, from the work of another person without clearly identifying
it as the work of another with appropriate quotation marks and footnotes
or with an appropriate written explanation and attribution.
B. A student may not offer for credit any work the student has previously
or contemporaneously prepared for compensation, offered for credit,
or prepared for any other purpose unless the student secures the instructor’s
written permission in advance of submission.
6.2.5.04 Fraudulent or Deceitful Conduct
No student shall engage in an act, practice or course of conduct, which
acts as a fraud or deceit or attempted fraud or deceit on the Law School
or any of its faculty members or students.
6.2.5.05 Misappropriation or Destruction of Property
A. No student shall misappropriate or destroy, or attempt to misappropriate
or destroy, the property of the school, the property of another student,
or the property of a faculty or staff member.
B. "Misappropriate" includes the intentional and unauthorized
use, taking, keeping, or concealing of property for any period of time.
This offense does not include unintentional failure to return properly
checked out library materials within the authorized time period.
6.2.5.06 Improper Knowledge of Contents of Examination
A. No student shall voluntarily acquire any knowledge of the content
of a forthcoming examination without authorization from the instructor.
B. No student who has voluntarily or involuntarily acquired knowledge
of the contents of any forthcoming examination without authorization
from the instructor shall fail to report this fact to the instructor
immediately.
C. No student who has taken an examination, and who knows that one
or more other students are to take the same examination at a later time,
shall disclose the contents of said examination, until after all students
in the course have taken the examination.
6.2.5.07 Non-Disclosure
No student shall fail to report any violation of the Honor Code, which
he or she knows or reasonably believes has occurred. A report to any
member of the Honor Committee shall be sufficient compliance with this
subsection. See Section 6.2.6.02. Initial Report.
6.2.5.08 Violation of Secrecy
A. No student who is a member of the Honor Committee or who makes
a report to the Honor Committee under section 6.2.6.02 of the Honor
Code, or who is called upon to give information to or testify before
the Honor Committee shall divulge any information as to any proceedings
of either, except as expressly authorized in the Honor Code. This subsection
shall be read at the start of every meeting of the Honor Committee.
B. The secrecy requirement applies to all stages of the proceedings
and continues where there is no finding of guilt. After a final finding
of guilt and judgment of penalty, the secrecy requirement shall terminate
in all causes.
6.2.5.09 Perjury
A. No student shall intentionally give false information in any investigation
or hearing under the Honor Code.
B. No student shall make a report under 6.2.6.02 unless the student
reasonably believes a violation of the Honor Code may have occurred.
6.2.5.10 Unauthorized Alterations
No student shall make any changes, without authorization from the instructor,
in any writing submitted for a grade after the student has turned in
the writing.
6.2.5.11 Noncompliance with Examination Time Limits
No student, without authorization from the instructor or proctor, shall
continue to write on an in-class examination after the instructor or
proctor has indicated that the time for completion has expired.
6.2.5.12 Request to Provide Information
No student shall fail to respond to a request from the Dean or the
Associate Dean or the Honor Committee or its Co-Chairpersons to provide
information relevant to Honor Code proceedings.
6.2.6 Procedure in Case of Alleged Violation
6.2.6.01 In General
Honor Code proceedings are neither criminal nor quasi-criminal in nature.
The committee is not bound by rules of evidence or procedure except
as provided in this Code. The goal of the proceedings is to arrive at
the truth through a fair and prompt resolution of reported violations.
6.2.6.02 Initial Report
A. A student, faculty member, administrator, or other person who has
reason to believe that a violation has occurred reports such to any
member of the Honor Code Committee. A faculty member or administrator
should make his or her report in writing. Students may make an initial
report in either of two (2) ways:
1. Submission of a written report to an Honor Committee member. The
Honor Committee may provide a form on which the report can be submitted.
2. Give an oral report to a member of the Honor Committee. The Honor
Committee member to whom an oral report is made should memorialize
the report in writing as soon as possible after the report and request
that the reporting student sign the report
6.2.6.03 Initial Review
A. The Committee investigators shall review the matter and conduct
a preliminary investigation. They may consult with the alleged violator,
any faculty member or administrator in whose course or activity a violation
may have occurred, and any other person who might have relevant information
to provide.
B. After the preliminary inquiry, the investigators conclude whether
or not it is likely that a violation occurred. If the investigators
do not conclude that it is likely that a violation occurred, the matter
is terminated. If the investigators conclude that it is likely that
a violation occurred, the committee investigators have two (2) options
(option A or option B):
1. OPTION A: In case of less serious violations (those unlikely to
be punishable by expulsion or suspension), they may refer the matter
to the Dean who then conducts an informal hearing to determine the
guilt or innocence of the student(s) accused of the violation(s).
In deciding whether to pursue this alternative, the investigators
primarily shall consider whether the offense is punishable by expulsion
or suspension. Other factors to consider are:
a. the need for a quick resolution of the problem;
b. the need for quietly resolving a matter;
c. the potential for unbiased resolution by the Dean;
d. the inherent complications of a particular alleged violation;
e. the difficulties in any given case of the Dean needing inordinate
amounts of time to resolve a matter;
f. the desires of the alleged violator(s); and
g. any prevailing exigent circumstances, which normally are limited
to the instances such as the pending graduation of the alleged violator(s)
or witness(es) and the pendency of examinations or vacation periods.
2. OPTION B: In the case of more serious violations (possibly punishable
by expulsion or suspension), the matter ordinarily shall be referred
to the Honor Committee. It then will conduct an informal hearing to
determine the guilt or innocence of the student(s) accused of the
violations.
C. In determining which option to pursue, the Committee investigators
ordinarily shall consult with the Dean.
D. The investigators promptly shall write a concise summary of the
statement of the charges which promptly shall be delivered to the student,
along with a copy of the Honor Code.
E. A student may submit six (6) copies of a statement of positions
to the Honor Committee investigators within the time established by
the investigators. The statement will become part of the record. The
statement of position should include:
1. the student’s signed response to the statement of charges;
2. all tangible and documentary evidence;
3. names of all witnesses, the substance of their testimony or their
substantially verbatim statements;
4. any other relevant evidence or statements the student wishes the
Honor Committee to consider.
6.2.6.04 Hearing
A. The hearing, conducted pursuant to either Option A or Option B,
is to be held as promptly as the circumstances allow. The hearing is
more analogous to a fact-finding administrative hearing than to a judicial
trial.
1. The Dean or the Honor Committee conducting the hearing may consult
with the alleged violator(s), the investigators, the faculty member
or administrator in whose class or activity the alleged violation
occurred, and any other person who might have relevant information
to provide.
2. The decision of the Dean or of the Honor Committee conducting
the hearing is based on the rules of the Law School and the evidence
adduced at the hearing.
3. The Law School Administration must make every reasonable effort
to secure the presence at the hearing of any witness whose attendance
is desired by the Dean or Honor Committee conducting the hearing,
or by the accused student.
4. See Section 6.2.4 for a list of student rights and responsibilities.
5. The investigators may not participate in the Honor Committee’s
deliberations, and they may not vote.
6. A record shall be kept of the hearing.
6.2.6.05 Sanctions
A. If the Dean or a majority of the Honor Committee conducting the
hearing determines, by clear and convincing evidence, that a violation
has occurred, and that the accused student committed the violation,
then the Dean or the Honor Committee decides upon the appropriate sanctions
to be imposed by the Dean.
1. On occasion, the consequences imposed on an accused student may
be limited to the context of the course or activity in which the violation
occurred.
2. On other occasions, there may be other or additional consequences
such as a requirement to make restitution, reprimand, and disciplinary
probation for a fixed or indefinite period of time, suspension for
a fixed or indefinite period of time, or expulsion.
3. If a student is found to have violated the Honor Code, the Dean
or the Honor Committee conducting the hearing may recommend that this
fact and the sanction imposed be entered or not be entered on the
student's official transcript.
6.2.6.06 Written report of the hearing
A. After a hearing, the Dean or the Honor Committee conducting the
hearing writes a report that states the decision, the reasons for the
decision, and the sanctions to be imposed, if any. The report, together
with any records of the hearing, is given to the Dean. The Dean decides
whether and in what form the decision shall be made public, and whether
or not to enter on the student's transcript the fact that the student
was found to have violated the Honor Code and the sanction imposed.
B. The dean shall deliver a copy of the Honor Committee’s report
to the student.
C. Sanctions of suspension and expulsion are always entered on the
student's transcript; other sanctions may or may not be so entered.
The Dean also makes provision for the retention, return, or destruction
of records of the hearing.
6.2.6.07 Loss of Privileges
A. Students who are found to have violated the Honor Code and who have
received a sanction of probation, suspension, or expulsion are not permitted
to receive financial aid from Capital University, and are not permitted
to engage in extracurricular activities during the period of the probation.
B. Violators who receive a less severe sanction may be prohibited from
receiving financial aid from Capital University and may be prohibited
from engaging in extracurricular activities for a fixed or indefinite
period of time.
C. Any courses taken at other universities during the period of suspension
or expulsion will not be credited toward obtaining a Capital University
law degree.
6.2.7 Appeals
6.2.7.01 In General
A. The Appeals Committee shall be composed of two faculty members and
one student member.
B. The Dean annually shall appoint the two faculty members, including
a chair. The SBA annually shall appoint the one student members. Preferably,
at least one member of the Appeals Committee shall have served on the
committee in the preceding year.
C. The student shall have one appeal as of right from any decision
of the Honor committee to the Appeals Committee. The Appeals Committee
shall make any decision by a majority vote.
6.2.7.02 Grounds for Appeal
The grounds for appeals are:
A. The failure to substantially comply with procedural provisions of
the Honor Code, thereby resulting in prejudicial error; or
B. A clearly erroneous interpretation of the code, thereby resulting
in prejudicial error; or
C. A recommended penalty that is too severe in light of the circumstances.
D. The Honor Committee’s findings of fact are clearly erroneous.
6.2.7.03 Procedure for Appeals and New Hearing
A. The student shall file a timely notice of appeal, and within a short
time thereafter shall file a memorandum setting forth all of his or
her arguments. The co-chairs of the Honor Committee shall establish
reasonable deadlines for the filings of the notice of appeal and memorandum
and notify the student thereof.
B. The Appeals Committee shall meet as soon as possible to determine
whether to grant or deny the appeal. At this meeting, the Appeals Committee
shall review the record and report of the Honor Committee hearing and
the student’s memorandum. The Appeals Committee shall invite the
student (and his or her lawyer) and the members of the Honor Committee
to appear before the Appeals Committee to give further explanation of
their positions and respond to questions of the Appeals Committee members.
The Appeals Committee shall determine the procedures to be used at the
hearing including, for example, time limitations and the receipt of
responsive memoranda.
C. If the Appeals Committee sustains the appeal, it shall memorialize
the reasons for doing so. The Appeals Committee shall then either make
a final decision or remand the case to the Honor Committee for further
proceedings that are consistent with the decision of the Appeals Committee,
which may include a new hearing. Upon remand, the Honor Committee shall
meet and comply with the instructions of the Appeals Committee.
6.2.8 Other Post-Hearing Procedures
6.2.8.01 After all appeals to the Appeals Committee
are final, the Appeals Committee shall transmit all records to the Dean.
The student may request that the President of the University or the
President’s delegate review the Appeals Committee decision. The
only basis for this review is the failure to substantially comply with
the procedural provisions of the Honor Code, resulting in prejudicial
error.
6.2.8.02 A hearing that results in a finding of a
violation can be reviewed by the Dean or by the Honor Committee upon
the discovery of new evidence that casts doubt on the earlier finding.
The new hearing can be conducted under either Option A or Option B.
6.2.8.03 A former student who has been expelled or
indefinitely suspended after having been found to have violated the
Honor Code may apply for readmission as a new student. Such readmission
is uncommon, and can be granted only by a majority vote of the law school
council. The burden is on the former student to prove that circumstances
since the Honor Code violation indicate that the former student is now
of good moral character and is highly unlikely to commit another ethical
lapse. Because of this burden, several years typically elapse before
the faculty entertains a petition for readmission.
6.2.9 Conclusion
This document was the product of collaboration between students and
faculty, and was composed in the spirit of cooperation.
Next →
