VI. STUDENT HONOR CODE

PART VINVESTIGATIVE PROCEDURES



Sec. 5-1Appointment of Investigator. Before the beginning of each academic year, the Dean shall appoint a member of the law school faculty or staff to serve as Investigator. The Investigator shall continue to serve in that capacity for one calendar year. Service shall continue until all cases pending at the end of that term have been resolved.

Sec. 5-2Appointment of Alternate Investigator. If Respondent is alleged to have committed a violation in a class taught by the Investigator, or the Respondent works as a faculty fellow for the Investigator, or another significant conflict of interest exists, the student or Investigator may request the Dean to appoint an Alternate Investigator. In the Dean’s discretion, the Dean may appoint an Alternate Investigator to serve for this alleged violation only.

Sec. 5-3Reporting Violations. Whenever a student has a duty to report a violation pursuant to Section 1-3, the student shall promptly submit a written Complaint to the Investigator. All Complaints must be signed. All Complaints are confidential under Sections 4-1 and 6-3. The Investigator shall make best efforts to notify the Respondent of the allegations within 48 hours after receipt of the Complaint by providing Respondent a copy of the written Complaint, with the identity of the Complainant concealed if the Complainant so requests. If the Respondent is accused of an Honor Code violation during an examination period, the Investigator has the discretion to delay notifying the Respondent until he or she has completed all exams.

Sec. 5-4Investigation of Reported Violations. The Investigator shall be responsible for investigating reported violations. Any such investigation must lead to one of the following three results within ten days after the allegation is reported to the Respondent: dismissal of the case; informal resolution of the case; or filing a Report with the Honor Council. The Investigator may not dismiss the case if he or she determines that there is probable cause to believe that a violation has occurred. If the Investigator decides to dismiss the case, that decision is final and un-reviewable.

Sec. 5-5Informal Resolution by the Investigator. The Investigator may, at his or her discretion, attempt an informal resolution of the alleged violation. Any informal resolution agreed between the Investigator and the Respondent must be approved by a majority vote of the Honor Council. If no resolution is reached that is acceptable to all concerned parties, then the investigation shall continue.

Sec. 5-6Probable Cause Determination. If the Investigator decides that dismissal of the case is not warranted, and that informal resolution of the alleged violation is not practicable, then the Investigator shall file a Report with the Honor Council. The filing of a Report shall not be deemed a violation of the confidentiality provisions herein, provided that the Investigator shall not disclose the identity of the Complainant if the Complainant has requested anonymity under Sections 5-3 and 6-3. The Honor Council shall review the Report and decide by majority vote, within five days after the Report is filed with the Council, whether there is probable cause to convene a Hearing Panel and commence adjudication. If the Honor Council decides that probable cause is lacking, that decision is final and un-reviewable. If the Honor Council decides that there is probable cause, it shall convene a Hearing Panel and the Chairperson shall promptly furnish the Respondent and the Complainant with a copy of the Investigator’s Report.

Sec. 5-7Appointment of Prosecutor. If the Honor Council decides to commence adjudication, the Chairperson will appoint a student member of the Honor Council to serve as the Prosecutor.

Sec. 5-8Prosecuting Officer and Presiding Officer Assistant. In the event the Respondent retains outside counsel, the Presiding Officer and Prosecutor shall have the right to seek assistance from a faculty member of his or her choice. Information exchanged between these individuals shall not be a breach of confidentiality. The faculty member(s) who receive information regarding the proceedings shall be subject to the confidentiality rules of Section 4-1. The designated faculty member(s) shall have the right to be present during hearings, including closed hearings.

Sec. 5-9Convening a Hearing Panel. Each Hearing Panel shall consist of five student members of the Honor Council. All student members of the Honor Council, except the member selected as prosecutor pursuant to Section 5-7, and any member who has been recused or excluded pursuant to Section 3-7, shall be eligible to serve on the Hearing Panel. If more than five student members of the Honor Council are eligible to serve on a particular Hearing Panel, then the Hearing Panel shall consist of five student members of the Honor Council selected at random.