Honor Code
The University of MemphisCecil C. Humphreys School of Law
Honor Code *
(working draft)
ARTICLE 1. PREAMBLE
ARTICLE 2. PURPOSE
ARTICLE 3. SCOPE
ARTICLE 4. NOTICE
ARTICLE 5. PROHIBITED CONDUCT
ARTICLE 6. ADMINISTRATION OF THE CODE
Sec. 1 Honor Council
Sec. 2 Investigation of Suspected Violations
Sec. 3. Hearings
Sec. 4. Dismissal from Honor Council
ARTICLE 7. SANCTIONS
ARTICLE 8. APPEALS
ARTICLE 1. PREAMBLE
1.1 The students of Cecil C. Humphreys School of Law, in order to promote standards of ethical conduct, preserve the trust of the legal profession, and in recognition of the need to formally define a system fostering these goals, establish this student Honor Code.
As with the American Bar Association's Model Rules of Professional Responsibility, the touchstone of our system is self-regulation. The policy of self-regulation underlying the Honor Code demands the cooperation of each member of the Law School community. All academic, extracurricular, and professional endeavors should be undertaken within the spirit and the letter of the Honor Code. The success or failure of this Honor Code is dependent on the willingness of those governed by the Code to enforce it and to make an individual commitment to comply with its provisions.
ARTICLE 2. PURPOSE
2.2 This Honor Code operates under the assumption that students at the Cecil C. Humphreys School of Law do not lie, cheat, or steal; that they aspire to enter an honored profession; and that their character and conduct while attending this Law School at all times will reflect favorably upon their future profession, this school, and themselves.
The Honor Code furthers the goal of the law school to serve the public and the profession by producing attorneys dedicated to promoting justice, excellence, and respect for the law. It also furthers the goal of assuring the safety of individuals, the protection of property, and the continuity of the educational process.
ARTICLE 3. SCOPE
3.1 The Honor Code applies to the conduct of students of the Cecil C. Humphreys School of Law when such conduct occurs on the premises of the Law School building or at any function or academic activity conducted by the Law School or with Law School sanction, or involves the use of a student's status or affiliation with the Law School or its property to his or her professional or economic advantage (i.e. Job Applications).
3.2 The Honor Code is intended to cover all student conduct connected with academic activities (i.e., class assignments, exams, writing requirements), competitions (Law Review, Mock Trial, Moot Court), or any outside work for which academic credit will be earned.
ARTICLE 4. NOTICE
4.1 A student is on notice of this Code and its provisions by virtue of enrollment at the Law School. Copies will be distributed at orientation, are placed on reserve in the Library and are available at the office of the Student Bar Association.
ARTICLE 5. PROHIBITED CONDUCT
5.1 Code Violations
Violations of the Honor Code include but are not limited to:
(a) Knowingly giving or receiving assistance or information that has not been authorized by the proctor, professor, and/or administrator;
(b) Plagiarizing
(i) Plagiarism is defined as knowingly using the words or ideas of another, not crediting the source, and offering them as one's own, thereby committing literary theft;
(ii) Malicious or deceitful intent is not required, and ignorance is not a defense;
(iii) Any close parallel to an outside source without attribution or acknowledgment raises a presumption of plagiarism.
(c) Utilizing or referring to any material or electronic source of information that has been specifically forbidden by the proctor, professor, and/or administrator;
(d) Knowingly reading printed instructions or rules so as to give one's self or another an unfair advantage over those who adhere to the instructions or rules. This would include, but is not limited to,
(i) Knowingly commencing an exam before the designated time or knowingly continuing an exam after the designated time for completing it;
(ii) Knowingly failing to submit any of the materials required to be submitted at the conclusion of an exam or exam review.
(e) Knowingly compromising the integrity of an anonymous grading system;
(f) Utilizing (whether obtaining or distributing) unauthorized information related to the content of an exam or writing assignment;
(g) Signing another student's name on an attendance sheet or roll distributed by the proctor, professor, and/or administrator of a class, lecture, or other event associated with the university in which attendance is taken;
(h) Altering, removing or otherwise improperly using library materials, which includes deliberately failing to properly return resource materials to there proper location and in the condition in which they were found so as to prevent access to the materials by other persons;
(i) Knowingly disregarding a proctor’s, professor’s, and/or administrator’s policies and/or procedures (including those policies and/or procedures located in the syllabus and/or verbally stated by the proctor, professor, and/or administrator);
(j) Knowingly making a material misrepresentation, by act or omission, in any document including, but not limited to, financial aid forms, resumes, or in an oral statement, of a student's academic or professional qualifications, conduct, class attendance, class standing, grades, honors, and/or activities;
(k) Knowingly taking any property, which is not one's own, from the Law School premises with the intent to deprive others from the use of the property or knowingly taking the property of another student with the intent to deprive that student of its use as it relates to that student's academic studies;
(l) Conspiring, soliciting, attempting, or agreeing to commit, assist in or facilitate the commission of any violation of this Honor Code.
5.2 Violations Related to the Operation of the Honor Code
It shall be a violation for a student:
(a) To fail to report a known violation of the Honor Code;
(b) To file a complaint under the Code with the intention of harassing another person;
(c) To knowingly give false information to an Honor Court Justice appointed to investigate a violation, faculty advisor, and/or Law School administrator;
(d) To testify falsely at a hearing conducted under the guidelines of this Code; or
(e) To make any disclosure of proceedings conducted under the guidelines of this Code.
ARTICLE 6. ADMINISTRATION OF THE CODE
Section 1. The Honor Council
6.1.1 The Honor Council shall be composed of three members elected from each class and the Dean or Dean’s designee.
6.1.2 Nomination and election shall be in accordance with procedures established by the Student Bar Association.
(a) Each person seeking a position on the Honor Council must submit an application to the Student Bar Association.
(b) No person previously sanctioned by the Honor Council may run for or hold a position on the Honor Council.
(c) From those who apply, the Student Bar Association shall narrow the applicant pool to five candidates per class. The names selected shall then be placed on a ballot for a vote by the entire student body.
(d) Elections shall by held in accordance with the the Student Bar Association elections (i.e. upper class elections being held in the Spring with 1L elections being held in the Fall).
6.1.4 Each ballot shall contain the following statement only: If officially charged with a violation of the Cecil C. Humphreys School of Law Honor Code, I would choose the following members of my class to (1) hear the evidence for and against me; (2) render a fair impartial decision concerning my guilt or innocence; and (3) determine sanction.
First Choice _______________________________
Second Choice _____________________________
Third Choice _______________________________
6.1.5 The three law students in each class receiving the highest number of votes shall be Honor Council representatives.
6.1.6 Honor Council Vacancies
In the event that less than three students from each class run for an Honor Council position the Student Bar Association President shall appoint students to fill any vacant positions.
6.1.7 Honor Council Officers
(a) Chief Justice
The Honor Council shall elect a Chief Justice from among its members.
(i) The position of Chief Justice is limited to upper class members on the Honor Council (i.e. second and third year students).
(b) Secretary
The Honor Council shall elect a Secretary from among its members.
(i) The position of Chief Justice is limited to upper class members on the Honor Council (i.e. second and third year students).
6.1.8 The term of the council begins the day after graduation in the spring; the term ends on graduation day the following spring. The incoming council shall have jurisdiction over any matter not adjudicated prior to the end of the previous term.
Section 2. Pre-trial Procedures
6.2.1 Initiating an investigation
(a) A person having reason to believe that an Honor Code violation has occurred shall pursue either of two options:
(i) Approach the suspect violator and suggest that the suspect violator voluntarily report the violation to the Honor Council. If the suspect violator fails to report voluntarily, then the person shall report the charge to any member of the Honor Council, or
(ii) Report the alleged violation to a member of the Honor Council. Such report shall constitute a charge, and shall be in the form of a written statement containing a brief statement of the alleged violation, the date when the alleged violation occurred and/or first was discovered, the accuser's signature, and the date of notification.
(b) Subject to subsection (a) above, a person shall not publish or disclose suspicion that a violation has occurred. If persons other than the Prosecutor, the accuser, and the Accused learn of the alleged violation, they too shall refrain from publishing or disclosing information relating to the alleged violation. These third parties may discuss the alleged violation only if solicited by either the Prosecutor or the Accused.
6.2.2 An honor code investigation may also be commenced by the Honor Council on its own initiative upon a two-thirds (2/3) vote in favor by the members of the Honor Council and approval of the Dean or Dean’s designee.
6.2.3 A charge may be brought only by a law student, former law student, member of the faculty or an employee of the University of Memphis.
6.2.4 Appointment of Prosecutor
Upon receiving a formal charge, the Chief Justice of the Honor Council shall appoint a member of the Honor Council as Prosecutor to investigate the charge. The Prosecutor is an officer of the Court and is the official representative of Law Students in investigating, presenting, and prosecuting alleged violations of this Code.
6.2.5 Duties of the Prosecutor
(a) The Prosecutor shall investigate the facts and allegations fully, interview potential witnesses, and consult with the Assistant Dean on an ongoing basis. The Prosecutor shall conduct the investigation in such a manner as to ensure that information relating to the alleged violation is kept as confidential as practicable. The Prosecutor shall advise all persons interviewed in connection with an investigation regarding the provisions in the Honor Code relating to confidentiality.
(b) Upon completion of the investigation, the Prosecutor shall schedule a meeting of the Grand Jury. The Grand Jury is comprised of three members of the Honor Council, one representative from each class. The Chief Justice appoints these persons from among the Honor Council to serve for one semester. Within two weeks of receiving the charge, the Prosecutor shall present the results of the investigation in writing to the Grand Jury, including all evidentiary materials and the substance of any interviews.
6.2.6 Grand Jury Hearing
The Grand Jury will hear evidence presented by the Prosecutor. Unless warranted by the accusation, the identity of the alleged violator will remain confidential during the Grand Jury hearing. The primary objective of the Grand Jury is to determine if the evidence presented warrants the filing of an accusation against the subject of the investigation. The Grand Jury may ask questions as it deems appropriate. At the conclusion of the hearing, the Grand Jury will recess for deliberations.
Focusing on the criteria of the act, intent, and seriousness, the Grand Jury will determine, by a standard of more likely than not, if an accusation is warranted. A majority vote is required. If no majority of the Grand Jury believes that the evidence supports the filing of an accusation, the case is dismissed and the matter is closed.
6.2.7 Procedures Following a Grand Jury Hearing
(a) If the Grand Jury does not find probable cause to prosecute the charge then the Prosecutor shall notify the accuser and all witnesses interviewed in conjunction with the investigation that the charge has been dropped. The Prosecutor shall collect all evidence relating to the charge and the investigation and shall return all personal property to its owners. All other evidence or material relating to the investigation shall be destroyed.
(b) If the Grand Jury finds probable cause to prosecute the charge then the Prosecutor, within a week of the Grand Jury’s decision, shall draft a formal written complaint and present a copy of the complaint to both the Accused and the Chief Justice. The Complaint shall include the date and nature of the alleged violation, the accuser's name and notice that the trial before the Honor Council is pending.
(c) After presenting the complaint to the Accused and the Honor Council, the Prosecutor shall finish the investigation, prepare the prosecution's case for the trial and arrange for the witnesses to be present at the trial. If the Prosecutor determines that, because of time, workload or ethical considerations, full and adequate preparation of the Prosecutor's case is not possible, then the Prosecutor shall so inform the Chief Justice. The Chief Justice then shall appoint one or more Special Prosecutors either to assist or replace the Prosecutor.
(d) The Prosecutor shall attach to a copy of the complaint to be served on the Accused all information relating to the Accused's innocence or guilt. Such information shall include but is not limited to i) the names of all witnesses, ii) the substance of their testimony or their substantially verbatim statements, or tangible evidence relating to the charge.
6.2.8 Guilty Plea
(a) The Accused has the right to plead guilty at anytime following the Complaint being served but prior to any final decision by the Council. If this course of action is chosen be the Accused, the Council shall convene to determine the appropriate sanction under section 5.2 of this Code.
(b) No plea agreements shall be struck between the Accused and the Council, addressing but not limited to,
(i) Testimony concerning other accused students, or
(ii) Lesser sanctions.
Section 3. Hearing Procedures
6.3.1. Presumptions and Burden of Proof
(a) The Accused is presumed innocent.
(b) The burden is on the Prosecutor to prove the accusation beyond a reasonable doubt.
6.3.2 A final judgment of guilty requires a unanimous vote that the evidence establishes a violation beyond a reasonable doubt. A judgment of guilty may be based in whole or in part upon circumstantial evidence.
6.3.3 Presiding Officer
The Chief Justice shall serve as the Presiding Officer, except in such situations where the Chief Justice must recuse himself or herself from the proceedings. In such as situation, the Chief Justice shall appoint a Presiding Officer.
6.3.4 Hearings
(a) The Hearing on the Merits shall be open to members of the public unless the Accused decides otherwise.
(b) The Chief Justice on a majority vote of the Council may exclude any person whose behavior the Council considers as interfering with the orderly progress of the hearings.
6.3.5 Presentation of Evidence
The Prosecutor shall present the evidence supporting the allegation of the violations of the Code. The accused student shall follow.
The Council shall have the power to sequester witnesses.
6.3.6 Hearing Procedure
While the rules of evidence shall not apply, the hearing shall be conducted in a manner that will allow the Prosecutor and the Accused student a reasonable opportunity to present relevant information, to question witnesses and to review and discuss all material and information presented. A ruling by the Chief Justice shall govern the course of proceedings unless overruled by a majority of the Council.
6.3.7 Record of Proceedings
The Secretary shall take notes of the proceedings and keep a record thereof, which shall include a list of the names of the witnesses, a summary of their testimony, and the decision(s) of the Council. At the conclusion of the proceedings, the Secretary shall deliver the notes and records to the Secretary, who shall retain their custody until he or she leaves office, at which time he or she shall deliver them to the Dean or Dean’s designee for safe keeping. Such records shall be confidential, and treated accordingly.
6.3.8 Decision on the Merits
If the Council determines that the Accused has violated the Code, both the Dean, Dean’s designee, or Presiding Officer and the Accused shall have an opportunity to be heard regarding the imposition of the sanction. The Council shall follow the procedures and record requirements established for the hearing on the merits.
If the Council determines that the Accused has not violated the Code, the Secretary shall promptly give written notice of that determination to the Accused, to the reporting person, the Dean or Dean’s designee and to any faculty member whose course grade is affected by the action.
All deliberations of the Council shall be private and confidential.
6.3.9 Formal Notice
(a) Upon formal notice from the Dean or Dean’s designee of the final determination, the Chief Justice shall immediately post a notice in the law school containing the following:
(i) The specific section of the code charged;
(ii) The Honor Council decision; and
(iii) Final disposition.
(b) Names of individuals shall not be included in the notice.
6.3.10 Rights of the Accused
At the final hearing the Accused shall have the right to:
(a) Represent himself or herself or be represented by the person of his or her choice. The Accused can choose another Law Student or have the services of an outside attorney or advisor (if this option is chosen, see 6.3.12);
(b) Make an opening statement and/or closing argument;
(c) Call and examine witnesses;
(d) Cross-examine prosecution witnesses;
(e) Decline to testify or choose to testify;
(f) Present any physical or demonstrative evidence, independent of witnesses, which is relevant to the matter in question;
(g) Make electronic sound recordings;
(h) Present character evidence and character witnesses
(i) When applicable and for the purpose of protecting a witness, the Presiding Officer may call a closed meeting to hear any impeachment arguments that may be presented by the Prosecutor.
6.3.11 Rights of the Prosecutor
At the final hearing the Prosecutor shall have the right to:
(a)Have the services of an outside attorney or other advisor to advise and assist in prosecution of the case. This option is only available if:
(i) The Accused elects to have an outside attorney or advisor, someone other than another Law Student, represent or assist him or her at the final hearing,
(ii) It is requested by the Prosecutor, and
(iii) The Dean or Dean’s designee consents to such assistance;
(b)Make an opening statement and/or closing argument, including the right to make the final closing argument;
(c)Call and examine witnesses;
(d)Cross-examine witnesses called by or on behalf of the Accused;
(e)Present any physical or demonstrative evidence, independent of witnesses, that is relevant to the matter in question;
(f)Make electronic sound recordings;
(g)Present character evidence and character witnesses if the Accused has put his or her character into issue;
(i) When applicable and for the purpose of protecting a witness, the Presiding Officer may call a closed meeting to hear any impeachment arguments that may be presented by the Prosecutor;
(h)Present evidence in rebuttal of evidence presented by or on behalf of the Accused.
6.3.12 Disqualification and Recusal
(a) No member of the Council may participate in the investigation or hearing concerning an alleged violation if disqualified because of conflicts of interest or other reason.
(b) Each member shall generally have the responsibility for determining whether to disqualify himself or herself from participating either in the deliberations or voting of the Council or of a Council with respect to a particular matter. However, a majority of the other voting members of the group may determine that a particular member shall not be permitted to participate either in such deliberations or voting. If necessary, the Chief Justice may appoint a replacement for a particular case, but the failure to make such an appointment shall not render invalid any action or determination otherwise valid.
6.3.13 Advisory Opinions
The Honor Court shall render advisory opinions at the request of any SBA elected officer, Law School faculty member, or petition from ten students of the Law School. The advisory opinion shall be binding unless revoked by the Honor Court. A copy of these opinions will be kept on reserve in the Law School library.
Section 4. Dismissal from the Honor Council
6.4.1 Dismissal from the Honor Council may be due to, but not limited to, the following:
(a) Academic probation;
(b) Disciplinary probation/sanction determined by the law school administration and/or the Honor Board;
(c) Good cause
(i) "Good cause" shall include, but not be limited to, the following:
1) Failure to attend meetings;
2) Failure to meet deadlines without justification;
3) Failure to adequately perform assigned duties;
4) Failure to follow Board imposed policy;
5) Breach of Board imposed duty of confidentiality.
6.4.2 Procedure for Dismissal for Cause from Honor Board
(a) The Dean, Dean’s designee, or a member of the Honor Council may submit the name of any member who is not performing satisfactorily as a council member to the Chief Justice. The Chief Justice and the Dean or Dean’s designee shall review the facts and issue a letter of warning if warranted. The letter of warning shall contain a statement of the charges. The member will be allowed to reply in writing to the Chief Justice concerning any extenuating circumstances or explanations;
(b) After review of the letter of warning and the member's response, the Dean, Dean’s designee, or the Chief Justice may, if the response is not deemed satisfactory, submit the member to the Honor Council for consideration of dismissal based on good cause;
(c) No member shall be removed from the Honor Council except upon an affirmative vote of two-thirds of the Honor Council. The affected member shall not vote or be counted for purposes of meeting the two-thirds requirement of the Honor Council.
(i) A dismissed member is not permitted to reapply to serve on the Honor Council.
ARTICLE 7. SANCTIONS
7.1 Any student found in violation of the Code shall be subject to sanctions as determined to be appropriate through recommendation by the Honor Council. Sanctions include, but are not limited to:
(a) Letter in student's file;
(b) Entry of a failing grade;
(c) Suspension;
(d) Removal from elected or appointed Law school offices (i.e., student government, Law Review, Moot Court Board);
(e) Being required to repeat an academic course;
(f) Being required to perform public service;
(g) Being required to wait before one's law degree is conferred by the Law School
(h) Public reprimand;
(i) Permanent expulsion;
(j) Any other sanction or sanctions which the Honor Council, with the approval of the Law School Dean, or the Dean's designee, finds appropriate under the circumstances.
7.2 The Chief Justice shall provide written notice of the Honor Council’s decision to the Accused and to the Dean or Dean’s designee.
7.3 All decisions of the Council shall be made by unanimous vote in private deliberations based upon a standard of reasonable doubt. Decisions shall be based only upon evidence received at the hearing.
ARTICLE 8. APPEALS
8.1 Either the Prosecutor or the Accused shall have one appeal as a matter of right from the final judgment of the Honor Council.
8.2 The following shall constitute the grounds for appeal:
(a) The finding of guilt or innocence is based on findings of fact that are clearly erroneous;
(b) The finding of guilt or innocence is based on an erroneous interpretation of the Honor Code, thereby resulting in prejudicial error;
(c) The recommended sanction is too severe or too mild in light of the offense committed;
(d) The failure to observe procedural provisions that are embodied in this Honor Code thereby resulting in prejudicial error.
8.3 Time Limit
Any appeal, by either the Prosecutor or the Accused, must be timely filed within 10 business days of the Council’s final judgment.
8.4 Appellate Process
Any appeal filed by the Accused or the Prosecutor shall be heard by the law school’s disciplinary board.
8.5 Appellate Decisions
If the disciplinary board finds that no abuse of discretion has occurred, the Honor Council’s decision shall be upheld and the appellate process shall be deemed exhausted.
If the disciplinary board finds that the Honor Council has abused its discretion under section 8.2, the board shall write an opinion and remand the case to the Honor Council for further review.
8.6 Effect of No Appeal
If neither party appeals from the Honor Council’s disposition of the case within the time limit prescribed by 8.3, then the Dean or Dean’s designee shall implement the sanction recommended by the Honor Council. The Dean or Dean’s designee may neither increase nor decrease the recommended sanction.
posted by SBA Board @ 6:37 AM
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