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Tue May 22 2012   

The Honor Code

 

           The Honor Code set forth below establishes rules and procedures of the University of Arizona College of Law governing student conduct with respect to academic integrity, and applies to all academic matters, including representations made about academic matters, to examinations, and to all class assignments. All entering students are responsible for reading and abiding by the Honor Code. 

 

Section 1: Statement of Purpose

Section 2: Scope

Section 3: Violation to Make False Accusation or Fail to Cooperate

Section 4: The Honor Council

Section 5: Procedures

Section 6: Sanctions

Section 7: Appeals

 

Compliance with University's Code of Conduct

 

Section 1: Statement of Purpose

The purpose of this Honor Code is to establish rules and procedures of the University of Arizona College of Law governing student conduct with respect to academic integrity. As a vehicle through which standards of personal conduct and self-regulation are established, the Code is more than a mere student conduct code. It represents an integral part of legal educational philosophy. Nowhere is such a system more important than in a profession such as the law which is so dependent on high ideals of personal ethics. The Code is intended to promote an atmosphere of confidence and trust among students. The governing philosophy and premise of the Code is that students striving to enter the legal profession are capable of adherence to ethical standards.

 

Section 2: Scope

• Academic Matters

The Honor Code applies to any academic matter relating to the matriculation of a student at the College of Law. Academic matter means any activity which may affect a grade, one's status as a student or in any way contributes to the satisfaction of the requirements for graduation and includes:

1. Any application for admission or supporting documentation relating to law school;
2. Any examination;
3. Any research or other assignment for a course;
4. Moot court participation, clinical internships, Arizona Law Review, Arizona Journal of International and Comparative Law, or Arizona Journal of Environmental Law and Policy activities and "write on" projects, Rule 38(e) or other similar work; and
5. Any written or oral representation concerning grade point average, academic honors, class rank membership in a law school or university organization, or personal history which is made for the purpose of inducing another person to act or refrain from acting on the basis of the representation.

 

• Examinations

 The Honor Code applies to all aspects of the examination process at the Law College.

 

• Unless specifically permitted to do so by written or oral instructions, it is a violation of the Honor Code, in connection with an examination, to:
  • Communicate with anyone about the examination, except the instructor or proctor, during the examination;
  • Give, receive, or solicit aid during any examination, or in connection with any make-up examination;
  • Use any materials during any examination not specifically permitted by the instructor;
  • Begin reading any part of the examination prior to the start of the examination;
  • Continue writing or typing any examination answer when the examination time has expired (The clock in the room where the examination is distributed is the authoritative timekeeping device. Each student is responsible for monitoring the time and stopping at the expiration of the examination period. Students taking the examination in other rooms must return their examinations to the distribution room prior to the expiration of the examination time.)
  • Retain examination questions beyond the time when examinations have been collected at the conclusion of the examination;
  • Work on an examination in any place other than the designated location;
  • Discuss the examination with the instructor after the examination and before grades have been submitted;
  • Engage in any conduct prior to or during the examination that unreasonably interferes with another student's ability to concentrate or otherwise complete the examination; or
  • Engage in any other conduct in the preparation or taking of an examination that gives a student an unfair advantage.
• The prohibitions described above are examples of violations of this Honor Code and are not meant to be an exclusive list of Honor Code violations that may occur in relation to an examination.
• The following notice may be placed on each examination, advising students that the examination is being conducted under the terms of the Honor Code:

"If you have reason to believe that a violation of the Honor Code occurred during the course of this examination, it is your obligation to report it to the Vice Dean. The Honor Code, among its other provisions, prohibits you from giving or receiving assistance with this examination, working on your answer after the end of the examination period, or working on the examination in any place other than the location designated for the examination."

 

• Research Assignments and Writing Projects
  • It is a violation of the Honor Code, in connection with any research assignment or writing project, to:
    • Engage in any act specifically prohibited by the instructions governing the assignment;
    • Submit as one's own work any assignment partially or totally written by another person unless specifically permitted to do so by the instructions governing the assignment; or
    • Use any material without proper attribution.
  • In order to avoid plagiarism, it is critical that proper attribution is given to ideas and language of others upon which you have drawn in your written work. Failure to include the appropriate attribution gives the reader the understandable impression that the words and ideas in your paper are yours alone. In this regard, the following rules should be followed:
    • Direct quotes. When you use another author's language in your paper you must include both quotation marks (or in the case of a block quote, an indented single space format) and an appropriate citation to the source of the quotation.
    • Paraphrasing sources. Even if you choose not to use the exact language of another author, if you paraphrase or otherwise use the ideas you must attribute the idea by properly referring to the work.
  • The failure to obey the prohibitions and requirements described in this subsection are examples of violations of the Honor Code, and are not meant to be an exclusive list of Honor Code violations that may occur.

 

Section 3:Violation to Make False Accusation or Fail to Cooperate

It is a violation of the Honor Code to intentionally falsely accuse a student of an Honor Code violation, fail to cooperate with an Honor Code investigation or hearing, or make any intentional misrepresentations in the Honor Code process.

 

Section 4:The Honor Council

Administration of the Honor Code shall be under the jurisdiction of the Honor Council. The Honor Council consists of the following members who shall serve one year terms:

• Two students, selected under procedures prescribed by the Student Bar Association; and
• Three faculty members, not to include the Vice Dean, appointed by the Dean of the College of Law.

The Honor Council shall elect a member to serve as Chair of the Honor Council. The Chair shall preside over Honor Council activities.

If a member of the Honor Council has a conflict of interest or is temporarily not available to serve in a particular Honor Council activity, a replacement shall be selected by the Dean of the College. If a member is not available to complete his or her term, the Dean of the College or in the case of a student member, the President of the Student Bar Association, shall appoint a permanent replacement.

 

Section 5:Procedures

• Duty to Report Honor Code Violation
  • If a student has reason to believe that an Honor Code violation has occurred, the student shall report the incident to the Vice Dean of the Law College as provided below. Honor Code violations may also be reported by faculty, staff, or any other person having reason to believe an Honor Code violation has occurred.
  • Under some circumstances, it may be advisable for a student with knowledge of a possible Honor Code violation first to ask the student involved for an explanation of the incident. If this explanation convinces the inquiring student that no Honor Code issue exists, then the matter should not be pursued. However, the matter may be reported directly to the Vice Dean without requesting an explanation.
  • Any report of an alleged Honor Code violation shall be made in confidence to the Vice Dean and the alleged violation is not to be communicated to any student that is not involved in or reporting the violation, except as otherwise provided herein.
  • The Vice Dean shall maintain the anonymity of the reporting student until it may be necessary to reveal the identity of the reporting student under the provisions of the section on Investigation and Hearing below. 
• Investigation and Hearing
  • After an alleged Honor Code violation has been reported to the Vice Dean of the Law College, the Vice Dean shall determine whether, if true, the facts alleged constitute an Honor Code violation. If the reporting person and the Vice Dean agree that the facts alleged do not constitute an Honor Code violation, no further action shall be taken, no record shall be made or maintained in the reported student's record, and the matter shall be considered concluded.
  • If the reporting person and the Vice Dean disagree as to whether the facts as alleged constitute a violation of the Code, the Honor Council shall be convened to make an informal determination as to whether the matter shall be pursued. If the Honor Council determines that the facts as alleged do not constitute an Honor Code violation, no further action shall be taken, no record shall be made or maintained in the reported student's record, and the matter shall be considered concluded.
  • If the reporting person and the Vice Dean agree that the facts as alleged constitute an Honor Code violation or the Honor Council determines that the matter shall be pursued, the Vice Dean shall begin an investigation of the matter. Upon initiating an investigation, the Vice Dean shall give the student accused of the violation written notification of the following:

1. The identity of the reporting person;
2. The factual allegations;
3. The provision of the Honor Code that is the basis for the alleged violation;
4. That the Vice Dean will serve as the prosecutor, as well as the investigator, of the alleged violation; and
5. A statement of the student's rights in the process, which includes the right to seek advice about the process from the Assistant Dean for Student Affairs. The Assistant Dean's role is not to act as counsel for the student in the proceedings. A student may employ outside counsel or be assisted by another individual of his or her choice.

• Upon notification that a student is accused of an Honor Code violation, the student shall provide an address to the Vice Dean to which all written notifications and correspondence may be sent. If the student does not provide such an address, the last known address of the student on file with the Registrar at the College of Law shall constitute the address to which written notifications and communications shall be sent.
• The Vice Dean may gather any information reasonably calculated to assist in the investigation of the matter including any information that the accused student voluntarily provides. If, after the investigation, the Vice Dean determines that the facts as found do not constitute probable cause to believe that an Honor Code violation has occurred, the Vice Dean shall notify the accused student and the Honor Council that the matter has been concluded. No further action shall be taken, and no report shall be made or maintained in the accused student's record unless the student requests otherwise.
• If the Vice Dean determines that the facts as discovered constitute probable cause to believe that an Honor Code violation has occurred, the Vice Dean shall schedule an Honor Council hearing. The student accused of an Honor Code violation must receive written notice of the hearing at least 14 calendar days prior to the hearing date. The accused student may request an expedited hearing which may be granted at the discretion of the Honor Council. The notification shall include the following:

1. A statement of the alleged Honor Code violation;
2. The relevant Honor Code provision;
3. A summary of the evidence to be presented;
4. A list of the witnesses to be called;
5. A copy of any written evidence to be offered in the hearing; and
6. The time and place of the hearing.

 

Upon request by the accused student, the hearing may be rescheduled if a majority of the Honor Council determines that it would be inappropriate to conduct the hearing at the scheduled time.

• The hearing shall be conducted as follows. The Honor Council shall admit any evidence that it considers relevant and reliable. The Vice Dean shall first present evidence that the accused student has committed an Honor Code violation. The accused student may then present evidence to refute or mitigate the charge. After conclusion of the student's presentation, additional evidence may be admitted by the Honor Council in its discretion. The Vice Dean and the student may be represented by counsel. Opportunity for cross-examination shall be provided. It is within the discretion of the Honor Council to determine the amount of time it will allot to hear any closing arguments. The hearing shall be closed to the public, unless an open hearing is requested by the accused student. If the hearing is open to the public, the time and place of the hearing shall be posted on the bulletin board used for official Law College announcements at least three calendar days prior to the hearing. A recording of the hearing shall be made by the College at the request of either the Honor Council, the accused student, or the Vice Dean, and a copy shall be provided to the student at the student's request.
• At any time prior to or during the hearing, the accused student or any member of the Honor Council may ask the Honor Council to determine that the evidence, taken as true, does not constitute an Honor Code violation. If the Honor Council determines by a majority vote that the evidence, taken as true, does not constitute an Honor Code violation, the matter shall be concluded.
• If an alleged violation of the Honor Code is disposed of prior to the convening of or during an Honor Council hearing pursuant to this subsection, the Vice Dean may post a summary of the allegations and disposition. Unless the accused student requests otherwise, the student's name shall be omitted from the summary.

 

• Disposition

• After the relevant evidence has been presented by the Vice Dean and the accused student, the Honor Council shall declare the evidentiary hearing closed. The Council shall then determine whether, by clear and convincing evidence, the accused student has violated the Honor Code. A majority of the members of the Honor Council must concur that the accused student is guilty of an Honor Code violation before such a finding may be made.
• The Honor Council shall notify the accused student of its findings and sanctions, if any, within 14 calendar days following the close of the evidentiary hearing by mailing a copy of the decision to the student.
• If the Honor Council finds that the accused student has not violated the Honor Code, the Honor Council shall notify the student of the decision in writing.
• If the Honor Council finds that the accused student has violated the Honor Code, the Council shall determine the appropriate sanction and notify the student of the decision in writing. In addition, if the sanction imposed by the Honor Council so warrants, a summary of the hearing, the Honor Council's findings, and the sanction given shall become either a temporary or a permanent part of the student's academic record.
• Regardless of the outcome, the Honor Council shall post a summary of the hearing, the Honor Council's findings, and the sanction imposed, if any, on the bulletin board at the Law College used for official announcements. Unless the accused student requests otherwise, the student's name shall be deleted from the information posted.

 

• Course Grade

If the alleged violation involves course work, pending the outcome of the hearing the course instructor shall evaluate the work and assign a grade based upon the academic merits of the work apart from any alleged Honor Code violation. If a grade must be reported to the Law College Registrar prior to disposition of the alleged Honor Code violation, a grade of "Incomplete" shall be reported. After a final disposition of the alleged violation has been made, the appropriate grade shall be reported and entered for the student.

• Prompt Disposition

The Vice Dean and the Honor Council shall complete all procedures and dispose of the case as promptly as is reasonably possible.

 

Section 6: Sanctions

The Honor Council may impose one or more of the following sanctions:

• Notification of the Honor Code violation to the instructor of the course involved;
• Dismissal from the College of Law;
• Suspension from the College of Law for a specified time period;
• Mandatory failing grade in the course involved;
• Written reprimand, either temporary or permanent; or
• Any other sanction the Honor Council finds just and appropriate under the circumstances.

 

Section 7: Appeals

• Grounds for Appeal - A student found to have violated the Honor Code may appeal to the Dean of the College of Law on any of the following grounds:
  • The hearing was not conducted in a manner substantially consistent with the procedures set forth in the Honor Code;
  • The finding that the student violated the Honor Code is not supported by clear and convincing evidence as disclosed by the record;
  • The conduct found to have been engaged in by the student does not constitute a violation of the Honor Code;
  • The process violated constitutional rights;
  • The sanction imposed by the Honor Council is arbitrary and capricious.

If an appeal is not lodged in accordance with the provisions below, the action of the Honor Council is final and no further proceedings are allowed.

• Procedure and Disposition
  • The appeal must set forth the grounds in writing, be signed by the student, and be delivered to the Dean of the College within 20 calendar days after the decision is mailed to the student by the Honor Council. The Dean shall review those aspects of the hearing relevant to the specified grounds for appeal.
  • The Dean may affirm the decision of the Honor Council; reverse, in whole or in part, the decision of the Honor Council; or remand to the honor Council for further proceedings. However, the Dean may not increase the severity of the sanction imposed by the Honor Council. The Dean shall state, in writing, the grounds upon which his or her decision is based and shall post a summary of the decision on the bulletin board at the Law College used for official announcements. Unless the appellant student requests otherwise, the student's name shall be deleted from the summary.
  • The decision of the Dean shall be final except for any further review required under the Code of Conduct for Students for Academic Integrity adopted by the University of Arizona.

 

Compliance with the University's Code of Conduct

Law students are required to comply with the University's Code of Conduct.  Reprehensible conduct or failure to comply with University regulations may result in a student's dismissal from a course or from the University at any time. Such action is posted on the student's academic record. Students suspended from the University are denied student privileges during the period of suspension, and may not register for correspondence work except with permission of the dean of the college in which they were previously enrolled. They may not enroll for Continuing Education courses, nor establish credit by examination during the period of suspension. The University's Code of Conduct may be downloaded from the following link:  http://deanofstudents.arizona.edu/policiesandcodes/studentcodeofconduct .

 

 

 

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Updated: 09/01/2011

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