Article V

School of Law Honor Code

ARTICLE V: SANCTIONS

A.   Hearing on Sanctions.  In any case in which an Honor Code violation is found, unless the parties request otherwise and the Hearing Panel agrees, the Hearing Panel shall hold a hearing to determine the appropriate sanction(s) in light of all the surrounding circumstances.

1.  Proceedings.  At the sanctions hearing, the Case Presentation Team may offer evidence and/or arguments in aggravation or mitigation and the respondent may present arguments and/or evidence in mitigation.  Both parties may make sanction recommendations to the Hearing Panel.  Regardless of whether the respondent has remained silent during the prior proceedings, both the respondent and his or her advocate may address the Hearing Panel regarding the sanction.  Members of the Panel may also ask questions.

The sanctions hearing shall be conducted with as much informality and flexibility as is consistent with the serious purpose of the proceedings.  Evidence of relevant prior conduct by the respondent, ordinarily not admissible in the hearing on the merits (see Art.IV.B.2), shall generally be allowed.  The Presiding Officer shall rule on procedural and evidentiary issues and otherwise conduct the proceedings so as to ensure that the parties have a fair chance to present their cases and all participants are treated with respect.  The hearing shall be tape recorded and the recording preserved until all proceedings concerning the case have been completed or for so long as the Dean of Students believes proper, whichever is longer.

2.  Deliberation and Decision.  After the parties complete their presentations, the Hearing Panel shall privately confer and deliberate in order to determine, by majority vote, what sanction or sanctions to impose or, if the sanction is suspension or expulsion, recommend to the Dean.  When sanction(s) have been agreed upon by a majority of the Hearing Panel, the hearing will reconvene and the decision will be announced and the hearing concluded.

3.   Notice of Decision.  The Hearing Panel shall first notify the parties and the complainant of the sanction decision orally or by e-mail and then, within five (5)  days, follow with written notification.  The written notification shall include both the decision on the merits and the sanction decision, and shall contain written findings of the relevant facts and explanations of the Panel’s reasoning in connection with both decisions, along with any concurring or dissenting opinions.

a. Cases Involving Sanctions Other Than Suspension or Expulsion.  In cases in which the Hearing Panel has decided on any sanction(s) other than suspension or expulsion, the Hearing Panel Chair shall:  (1) deliver copies of the combined merits/sanction decision to the respondent, the Case Presentation Team, the complainant, and the Dean of Students; (2) publicly post a copy (see Art.VII.F.2), redacted so that student names and other obviously identifying information have been removed (see Art.VII.F.3), to inform the law school community of the decisions; and (3) provide a copy of the publicly posted redacted version to the library for placement in a binder of Honor Code decisions to be held on reserve.  The Dean of Students shall have responsibility for ensuring that a copy is placed in the student’s law school file.

b.  Cases Involving a Recommendation of Suspension or Expulsion.  If the Hearing Panel decides to recommend suspension or expulsion, the Hearing Panel Chair shall deliver copies of the combined merits/sanction decisions to the respondent, the Case Presentation Team, the complainant, the Dean of Students, and the Dean, and shall publicly post a copy (see Art.VII.F.2), redacted so that student names and other obviously identifying information have been removed (see Art.VII.F.3), to inform the law school community of the combined decision.  The Dean shall then determine as expeditiously as possible, by such procedures as s/he deems appropriate, whether to accept the Panel’s recommendation.  Upon reaching a decision, the Dean shall notify the Hearing Panel in writing and otherwise deliver and post copies as described above.  The Dean of Students shall have responsibility for ensuring that copies of the Hearing Panel’s and Dean’s decisions are placed in the student’s law school file.  The Hearing Panel Chair shall have responsibility for ensuring that copies of the publicly posted redacted versions of both decisions are provided to the library for placement in a binder of Honor Code decisions to be held on reserve.

B.  Sanction Options.  The Hearing Panel shall have authority to impose or, in cases involving the sanctions of suspension or expulsion, recommend to the Dean that the Dean impose, one or more of the sanctions listed (not necessarily in order of severity) below:

1.  Oral reprimand. Verbal notice that the charged conduct is wrongful.

2.   Written reprimand. Written notice that the charged conduct is wrongful.

3.  Warning.  Written notice that continuing or repeating the conduct found wrongful may be cause for more severe disciplinary action.

4.  Probation.  Probation is for a designated period of time and carries with it the probability of more severe disciplinary sanctions if the student violates the Code or engages in other serious misconduct during the probationary period.

5.  Loss of privileges.  Denial of specified privileges for a designated period of time.

6.  Community Service.  Requirement that the accused perform specified community service either within the law school or in the larger community.

7.  Restitution.  Requirement that the accused make restitution to injured persons.

8.   Disqualification from honors.  Disqualification from consideration for one or more honors
     or awards, including, although not limited to, honors or awards at graduation.

9.   Suspension. Recommendation to the Dean that the student be separated from the School of Law
     for a specified period of time.  The Hearing Panel may recommend specified conditions for readmission&

10.  Expulsion.  Recommendation to the Dean that the student be expelled, which permanently terminates the student’s studies at the School of Law.

C.  Notation on Permanent Student Record and/or Transcript.  As part of each sanction determination, the Hearing Panel shall decide or, in cases involving suspension or expulsion, recommend to the Dean and the Dean shall decide, whether, and if so, for how long and subject to what conditions, the violation and sanction decision are to be noted on the student’s permanent student record and/or transcript.

D.  Responsibility for Implementation.  The Hearing Panel shall have responsibility for implementing the sanctions of oral reprimand, written reprimand, warning, probation, loss of privileges, community service, restitution, and disqualification from honors, with the assistance of the Dean of Students when necessary and appropriate.   The Dean of the School of Law shall have responsibility for implementing, as s/he deems appropriate, the recommendations of the Hearing Panel regarding suspension or expulsion.  The Dean of Students shall have responsibility for implementing all decisions, whether by the Hearing Panel or the Dean, as to notations on a student’s permanent record and/or transcript.

E.  Suspension of Implementation of Sanctions.  No implementing action shall be taken until the time for filing an appeal has passed or, if a timely appeal is filed, the appeal is resolved.

F.   Other Consequences.  Upon a finding by the Hearing Panel or a student’s admission of an Honor Code violation, the faculty member teaching the course or supervising the academic activity involved shall be notified of the misconduct.  The faculty member shall have independent authority, separate and apart from any other consequences authorized under the Honor Code, to determine grade- or academic credit-related consequences. 

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