Honor Council

"Good moral character" is a prerequisite for admission to the Bar and practice of the law. The imperative of personal integrity, however, exists long before a person is admitted to law practice; personal integrity is necessary in all conduct of a law student, whether law-school related or not.

The College of Law has designated six areas of law student academic misconduct that are within its power to control and in which personal integrity is imperative:

1. the taking of examinations,
2. the preparation of writing assignments,
3. the use of the library and its reference materials,
4. the falsifying of any documents relating to the College of Law,
5. the disrupting of the orderly conduct of classes or meetings in the College of Law, and
6. seeking to identify oneself in order to compromise the anonymous grading system.

The Honor Council is charged with administering the Honor System, informing all students about the Honor System, and evaluating suggestions for changes in the System. The Council shall investigate and, where necessary, adjudicate all suspected violations of the Honor System brought to its attention.

The Honor Council consists of twenty-two members, seventeen students and five full time faculty members. The student members include the President of the Student Bar Association, the Chairperson of the Student Legal Education Committee and five representatives chosen in an election conducted by the Student Bar Association in the fall of each year.

All non-adjudicatory meetings of the Council are open to the public. The minutes of these meetings are recorded and posted with the College.

Honor Code and Honor System
As revised, amended and approved by the Faculty
at its regular meetings, October 6, October 27, 1989,
May 6, 1994 and May 8, 2000

Unofficial Copy Provided for Informational Purposes Only
To obtain an official copy of the Honor Code, contact the Honor Council.

§ 1.00 Purpose, Policy and Scope
As stated in Section 12.01 of the Rules of the College of Law, a student enrolled in the College is governed by the Honor System and Honor Code. The Honor Code, governing academic misconduct, presumes that "good moral character" is a prerequisite for admission to the bar and practice of law; individual personal integrity is essential in all aspects of a law student's life, whether law school related or not.

The College of Law has designated six areas of law student academic misconduct that are within its power to control and in which personal integrity is imperative. These areas are:

1. misconduct in the taking of examinations,
2. misconduct in the preparation of writing assignments,
3. the misuse of the library and its reference materials,
4. the falsifying of any documents relating to the College of Law
5. the disrupting of the orderly conduct of classes or meetings in the College of Law, and
6. seeking to identify oneself in order to compromise the anonymous grading system.

These areas are addressed in more detail in this Honor Code.

Under this Honor Code, the Honor Council shall have exclusive jurisdiction over the procedures leading to the recommendation of sanctions for academic misconduct. The recommended sanctions, approved by the Faculty, are, however, subject to appeal to the University Judicial Council.

Non-academic misconduct, to be distinguished from academic misconduct, is subject to inquiry and to disciplinary sanctions under separate rules promulgated by the University.

§ 2.00 Examinations
The scheduling of examinations is set out in Section 7 of the Rules of the College of Law, and the procedures to be followed in the taking of examinations are outlined by the College administration. In general, the College of Law does not supervise the conduct of law students while taking examinations. Customarily, examinations are released to the members of a class at the same time and at a centralized location. Thereafter, each law student is free to select, from the authorized rooms in the law school, the place in which to write the examination. Under the Honor System, examinations must be the product of the student's own efforts and the student must follow the rules prescribed by the instructor, such as time limitations.

The Honor System requires that no student shall cheat with respect to an examination. "Cheating" is defined as knowingly using, receiving or giving information, or taking any other unauthorized advantage when writing an examination. The following examples of cheating shall serve as a general guide, but shall not be construed as exclusive:

1. commencing an examination before the stipulated time or writing or adding to an examination answer after the time specified by the instructor for the end of the examination period;
2. presenting or turning in an examination to the proctor or instructor in the room designated after the time specified by the proctor or instructor for the end of the examination period;
3. leaving the immediate vicinity of the law school building during the course of an examination without express permission of the instructor in charge;
4. stealing, copying or retaining any examination questions other than those expressly released by the instructor in charge;
5. failing to use one's own efforts, including plagiarism and consultation with sources not expressly permitted by the instructor or discussing the contents of the examination with anyone before completion and submission of the examination;
6. engaging or attempting to engage any person to take an examination in the student's stead, or taking an examination for another; and
7. failing to follow the rules of the examination as set out by the instructor or the College of Law.

In addition to the above, it is a violation of the Honor System to disrupt an examination or disturb others taking an examination.

Any instances of the above-described conduct, or other unacceptable conduct involving the taking of examinations, shall be subject to investigation and possible sanctions.

§ 2.01 Writing Assignments
A student is required to prepare a number of writing assignments during the student's law school career. Each assignment must be the product of the student's own efforts. Any student who prepares an assignment in violation of this provision may be subject to sanctions in accordance with this Honor Code.

Conduct subject to investigation and possible sanctions includes, but is not restricted to, that in which the student knowingly:

1. has received or rendered unauthorized assistance, either written or verbal;
2. has plagiarized material or in some way represented another's work as the student's own;
3. has lied about work or otherwise misrepresented that work has or has not been performed;
4. has submitted work for credit in a course when that work already has been used for credit in a previous law school course, unless that student has obtained express permission to do so from the instructor in the subsequent course;
5. has stolen, destroyed, mutilated, damaged, hidden or otherwise handled books, materials or resources in such a way as to prevent fair use by other students doing research for the writing assignment, including non-printed materials, such as videotapes and electronic research equipment (e.g. computer terminals);
6. has followed a course of action in the student's research or writing prohibited by the instructor; and
7. has taken any other unauthorized advantage.

It shall be presumed that collaboration, in the sense of discussion and sharing of information by students concerning a common assignment, has been approved by the instructor. However, if the instructor specifically prohibits such collaboration, no such presumption shall be raised, and any subsequent collaborative conduct shall be subject to investigation and possible sanctions.

The provisions of this section apply to assigned library problems and writing work in connection with law school activities.

§ 2.02 Library and Its Reference Materials
The law library exists to provide all students with a quiet place to study and with the materials needed to research the law. In order to fulfill these twin purposes, each student must treat other students in the library with courtesy and must handle the library materials with respect.

A student is in violation of the Honor Code when he or she knowingly:

1. removes books or materials on reserve without signing them out or does not return books or materials within the specific time limit;
2. steals, destroys, mutilates, damages, hides or otherwise handles books, materials or resources in any unauthorized manner;
3. removes library books or materials not on reserve from the library except for copying within the law school building or under specific authorization of the librarian; and
4. uses the computer for non-law school purposes.

The preceding Honor Code violations are illustrative examples of impermissible conduct, not an exhaustive list of all library violations. The library staff also promulgates rules which the student is expected to follow.

§ 2.03 Falsifying Documents
A student is expected to set forth truthful information in all documents relating to the College of Law. Possible violations of the Honor Code relating to documents include, but are not limited to:

1. knowingly falsifying application papers for entry into the College of Law;
2. knowingly altering grade records or transcripts; and
3. knowingly misrepresenting academic performance at the College of Law on resumes, job applications or bar admission papers.

§ 2.04 Disruption
Knowing disruption which prevents the orderly conduct of classes, examinations, or meetings is academic misconduct and a violation of the Honor Code.

§ 2.05 Compromising Anonymous Grading
With respect to any work that is to be graded on an anonymous basis, it shall be an Honor Code violation to purposefully act in a manner that is reasonably calculated to identify oneself to the person grading the work so that the anonymous grading system is compromised.

§ 3.00 Reporting of Violations
The Honor System places a duty on each member of the College of Law community, whether a student, faculty, librarian or staff, who has personal knowledge of a violation of the Honor Code, to report such violation to the Honor Council. It shall be a violation of the Honor Code for a student having personal knowledge of an Honor Code violation to fail to report the violation in conformity with § 6.01 and § 6.02 of the Code.

§ 4.00 Honor Council Selection Procedure
The Honor Council shall be composed of twenty-two (22) members as follows: seventeen (17) students and five members of the full-time faculty. The five faculty members shall be selected each year by the Dean after consultation with the Committee on Committees. The seventeen student members shall be the President of the Student Bar Association ("SBA"), the Chairperson of the Student Legal Education Committee ("SLEC"), and five (5) students from each class selected as follows:

1. At the beginning of the fall semester of each academic year, the SBA President, the Honor Council Chairperson, and the SLEC Chairperson shall solicit through the College of Law newsletter and the posting of notices in the first-floor hallways, applications from students in the College of Law. Applications shall be solicited from students in each class in which the number of current Honor Council members is less than five (5), not counting the SBA President and the SLEC Chairperson. The period of solicitation shall be not less than one week. In order to ensure a sufficient number of applicants, the SBA President and the SLEC Chairperson may personally solicit applications during the period of solicitation.
   
   Students who wish to apply shall submit a nomination bearing their own signature and the signatures of at least ten (10) members of their own class. Applicants shall also explain why they wish to serve on the Honor Council by submitting a statement not to exceed one page in length. From the applications submitted, the SBA President and the SLEC Chairperson shall select five (5) applicants from the class of first-year students and a number of second- and third-year student applicants sufficient to fill existing vacancies. Students serving as Honor Council members at the time of adoption of this Honor Code shall continue as members of the Honor Council. The SBA President and the SLEC Chairperson shall submit the names and applications of the persons so selected to the Dean for approval. Upon approval by the Dean, the persons so selected shall, together with the previously selected members, the SBA President, and the SLEC Chairperson, compose the student membership of the Honor Council.
   
   In the event the Dean fails to approve the appointment of any person selected by the SBA President and the SLEC Chairperson, the SBA President and the SLEC Chairperson shall, in their sole discretion, either submit the name and application of another person or persons from the original pool of applicants or repeat the procedure outlined above to procure additional applicants. The SBA President and the SLEC Chairperson shall continue to submit names to the Dean until he has filled the existing vacancies on the Honor Council. Student members of the Honor Council shall serve until their graduation, unless removed prior to that time as provided in Section 5.00 of this Honor Code.
   
   
2. In the Fall Semester of the 1987-88 academic year the ten (10) Honor Council Members of the second- and third-year classes shall elect from among their number one member to be Chairperson of the Honor Council, who shall serve until May 1, 1988. The SBA President, the SLEC Chairperson and the five (5) first year members shall not be eligible to vote for or be elected as Chairperson of the Honor Council.
   
   
3. In the Spring Semester of the 1987-88 academic year, and in the Spring Semester of ensuing years, the student members of the Honor Council shall elect from among their number a first-year or second-year student to serve as Chairperson for a one-year term beginning May 1. Any first- or second-year student who is a member of the Honor Council is eligible to be elected Chairperson of the Honor Council, except that no person may serve as Honor Council Chairperson and SBA President or SLEC Chairperson simultaneously.
   
   
4. At the first meeting of Council after this amendment is adopted, and at the meeting described in 4.00 (3) for subsequent terms, the Council shall elect a member to serve as Associate Chairperson. No person may serve as Associate Chairperson and SBA President or SLEC Chairperson simultaneously.
   
   
5. The SBA President, Honor Council Chairperson and the SLEC Chairperson may fill vacancies on the Honor Council by following the procedures described in subsection (1) of this section.
   

§ 5.00 Honor Council: Duties and Confidentiality
The Honor Council is charged with administering the Honor System, informing all students of the Honor System, and evaluating suggestions for changes in the Honor System. The Honor Council shall investigate and, where necessary, adjudicate all suspected violations of the Honor System brought to its attention in conformity with § 6.01 and § 6.02 of the Code. Such investigation and adjudication shall conform to procedures described in Sections 6.00 -- 10.00.

Honor Council members shall be subject to dismissal from Honor Council for unethical conduct or neglect of duties. Any Honor Council member found guilty of violation of the Code shall be permanently dismissed from the Honor Council. Unethical conduct other than a violation of the Honor Code shall be brought to the attention of the Chairperson, who, after any necessary investigation, shall call a closed meeting of Council for the purpose of evaluating the charges. The accused member shall have the same rights afforded to an accused under § 7.05 of the Code. The accused member shall be permanently dismissed from Council if a majority of Council, excluding the accused member, votes to dismiss him. The procedure specified in this section shall also be followed for a member accused of neglect of Honor Council duties.

All meetings of the Honor Council shall be open to the public with the exception of preliminary hearings under Section 7.00 and those formal hearings under Section 8.00 which the hearing panel votes to be closed at the request of the accused.

All non-adjudicatory meetings of the Honor Council shall be publicly announced. The minutes of such meetings shall be recorded and posted within the college.

The confidentiality of all adjudicatory proceedings before the Honor Council shall be maintained at all times by its members. Pending cases shall not be discussed by any Honor Council member with any person other than the complainant, the accused, witnesses or other Honor Council members. A case shall be considered "pending" from the time at which a suspected violation is reported until it is finally adjudicated whether by a preliminary hearing under Section 7.00 or by a formal hearing and final determination of sanction(s) under Sections 8.00 and 9.00 or until all rights of appeal to the University Judicial Council have been exhausted. Violation of this provision is an Honor Code violation and shall result in permanent dismissal from the Honor Council.

The Chairperson of the Honor Council shall maintain a file containing copies of the current Honor Code and Honor System and the Rules of the College of Law, all preliminary and final adjudication reports, correspondence, and other material deemed appropriate by the Chairperson. All adjudication reports and all private correspondence within this file shall be kept confidential at all times and may not be disclosed to any person other than a member of the Honor Council, a member of the faculty reviewing the recommended sanction(s) pursuant to Section 9.02, and the person or persons who are the subject of the particular adjudication or correspondence. This file shall be kept by the College of Law Administration under restricted access.

Upon entering the College of Law, each new student shall receive a copy of the Honor Code and Honor System, the Rules of the College of Law and the library regulations. In addition, a brief oral explanation of the Honor Code and Honor System shall be provided.

§ 5.01
If the Dean determines that the Chairperson should be excused because of illness, pending accusation or other reason, the Associate Chairperson shall act as Chairperson. The Chairperson shall not resume his duties until the Dean consents. The Chairperson may not be dismissed as Chairperson or as an Honor Council member except in accordance with 5.00 of this Code.

§ 6.00 Rules of Procedure: Reporting Honor Code Violations

§ 6.01
All suspected violations of the Honor Code shall be reported promptly to any Honor Council member.

§ 6.02
The person reporting an Honor Code violation, defined as the complaining witness, shall be instructed by the Honor Council member receiving the complaint to prepare and return to the member promptly a written statement setting forth the name of the accused, the date and approximate times of the violation, and a complete description of the violation alleged. The statement must be signed and dated by the complaining witness. Upon its receipt, the Honor Council member shall deliver the written statement to the Chairperson of the Honor Council.

§ 6.03
After receiving the complaining witness' statement, the Chairperson shall notify the accused within five days that an Honor Code violation has been reported against him or her. Notice to the accused must be in writing, accompanied by a copy of the complaining witness' statement, the Honor Code and Rules of Procedure. The Chairperson shall also notify the accused of a right to choose as counsel any College of Law student who is not a member of the Honor Council. Notice shall be effected by placing a sealed letter in the accused's law school mailbox if the student is currently enrolled and by mailing a notice to the address listed with the registrar for notification of grades.

§ 6.04
If a time limitation provided in the Code is not met, the complaint or charges against the accused shall not be dismissed on account of time except in cases of bad faith or undue delay by members of Council.

§ 7.00 Rules of Procedure: Investigation and Probable Cause Hearing

§ 7.01
After notifying the accused pursuant to Section 6.03, the Chairperson shall promptly appoint an investigating team composed of two student members and one faculty member of the Honor Council.

§ 7.02
The Chairperson shall also appoint a preliminary hearing committee composed of two student members and one faculty member of the Honor Council.

§ 7.03
The investigating process shall be completed as soon as practicable, but no later than ten days following the first day of classes for the next academic term.

§ 7.04
If, through the investigation process, the investigating team unanimously determines that there is not probable cause to believe that the accused committed the violation alleged, or finds that the accusation does not constitute a violation, the investigating team shall report its finding to the Chairperson and shall ask the Chairperson to dismiss the complaint. If the Chairperson, upon reviewing the information compiled by the investigating team, agrees that the complaint should be dismissed, he shall request permission from the Dean to dismiss the complaint. If the Dean grants permission, the Chairperson shall inform the accused, the investigating team, and the complaining witness that the complaint has been dismissed. If either the Chairperson or the Dean determines that the complaint should not be dismissed, the accused shall be charged with an Honor Code violation, and the case shall proceed to a preliminary hearing in accordance with § 7.06.

§ 7.05
The accused has the right to attend and present evidence at the preliminary hearing. He may, at his election, be accompanied by student counsel. He may select any U.C. law student not on the Honor Council as his counsel. During the investigation period, the investigating team and the accused may examine any person having knowledge of the alleged violation and may examine any document or thing relevant to the alleged violation.

§ 7.06
Upon the evidence presented by the investigating team and the accused, the preliminary hearing committee shall either:

1. decide by majority vote that there is not probable cause to believe that a violation has been committed, which decision shall terminate the proceedings, or
2. decide by majority vote that there is probable cause to believe that a violation has been committed and either
1. a.submit its written report of its decision to the Honor Council Chairperson and deliver a copy to the accused, or
2. further decide by unanimous vote whether the violation is a minor violation, such as turning in an examination a few minutes late or a minor infraction of a library rule.
1. In deciding whether the alleged violation is a minor violation, the preliminary hearing committee may consult Honor Council files to determine whether the accused has committed one or more prior minor violations, and if the accused has committed one or more prior minor violations, the preliminary hearing committee may decide not to treat the present alleged violation as a minor violation, in which case the preliminary hearing committee shall comply with subsection (a) of this section.
2. If the preliminary hearing committee decides that the alleged violation is a minor violation, then, upon the evidence presented at the preliminary hearing, the preliminary hearing committee shall by majority vote impose one or more of the following sanctions
1. If the accused has not committed any prior minor violations, a letter of warning notifying the accused that a future minor violation may lead to a stronger sanction under this Section 7.04 or to a full hearing under Section 8.00 and the recommendation of a sanction under Section 9.01; If the accused has not committed any prior minor violations, a letter of warning notifying the accused that a future minor violation may lead to a stronger sanction under this Section 7.04 or to a full hearing under Section 8.00 and the recommendation of a sanction under Section 9.01;



2. If, however, the accused has committed one or more prior minor violations, then a




1. letter of warning as in this subsection,



2. a letter of reprimand from the Dean of the College of Law, such letter not to be placed in the accused's law school file,



3. a notation of the violations on the accused's transcript of grades, or



4. if the minor violations are violations of Section 2.01, the reduction of the accused's grade by no more than one full letter grade.



3. If a sanction is imposed for a minor violation, the preliminary hearing committee shall promptly notify the accused in writing of the sanction, and



1. if, within seven days, the accused in writing pleads guilty and accepts the sanction imposed, the preliminary hearing committee shall terminate the proceedings and file a report of the proceedings and sanction in the Honor Council files pursuant to Section 5.00, or



2. if the accused does not plead guilty and accept the sanction imposed, the preliminary hearing committee shall submit its report of its decision on probable cause to the Honor Council Chairperson and deliver a copy to the accused.

§ 8.00 Rules of Procedure: Full Hearing

§ 8.01
Upon receiving a preliminary hearing committee's written report of its finding of probable cause, the Chairperson of the Honor Council shall appoint a judicial panel comprised of three student and two faculty Honor Council members who have not participated in any preliminary proceedings involving the Honor Code violation to be adjudicated. One of the faculty members so appointed shall serve as Chairperson of the judicial panel.

§ 8.02
The Chairperson of the judicial panel shall notify the accused in writing of the date, time and place of the judicial panel hearing at least ten days prior to the hearing.

§ 8.03
The investigating team and the accused shall make available for examination by one another all information and evidence pertaining to the alleged violation, including the names of witnesses who will testify at the hearing and copies of written statements made by the accused or by any witness who will testify at the hearing. Information and evidence gathered prior to the preliminary hearing shall be disclosed as soon as practicable after the submission of the probable cause findings to the Honor Council Chairperson and, in any event, at least seven (7) days prior to the full hearing. Information and evidence gathered after the preliminary hearing shall be disclosed as soon as practicable and, in any event, at least forty-eight hours prior to the full hearing.

In the event either the investigating team or the accused gathers or otherwise receives information or evidence within forty-eight hours of the scheduled hearing, the opposing party shall immediately be notified. The opposing party shall have the right to examine this newly gathered evidence and to request a postponement of the hearing. Upon the request of either party, the Chairperson of the judicial panel may reschedule the hearing if justice so requires. Failure of the accused or of any member of the investigating team to exchange information in accordance with this Section 8.03 is a violation of the Honor Code.

§ 8.04
The hearing before the judicial panel shall be open unless the judicial panel, by majority vote, closes the hearing to the public upon the request of the accused.

§ 8.05
The proceedings shall be electronically recorded, but failure of the equipment shall not invalidate the hearing.

§ 8.06
If the accused is unable to appear at the hearing, the accused shall so notify any member of the judicial panel before the hearing and explain the reason for the absence. If the accused fails to appear at the hearing without reasonable excuse, the judicial panel may proceed to hear the evidence, decide the matter, and recommend a sanction(s). If the judicial panel so proceeds, the accused may, within three class days of the hearing, petition the judicial panel for a rehearing in his or her presence on the grounds that the accused was unable to notify any member of the judicial panel of the inability to attend the hearing. Upon the receipt of such a petition, the judicial panel shall hold a rehearing if justice so requires.

§ 8.07
The accused shall have the right at all times during the hearing to be assisted by a student in the College of Law, to confront and cross-examine all adverse witnesses and to present evidence and witnesses in the accused's favor.

§ 8.08
The accused may decide whether or not to testify and whether to waive any statutory privilege.

§ 8.09
The judicial panel shall not be bound by statutory or common law rules of evidence except statutory privileges. The accused and his or her counsel will enjoy an attorney-client privilege. The Chairperson shall admit all relevant and useful evidence of the sort that responsible persons rely upon in making decisions of a serious nature. Moreover, all questions of procedure or evidence shall be decided by the Chairperson, who may allow argument by the parties.

§ 8.10
Any member of the judicial panel shall be disqualified from sitting on the panel if, in the member's opinion, he or she would be unable to make an impartial decision. The accused may challenge any judicial panel member before the hearing begins on the ground of bias or prejudice. The challenged judicial panel member may be excluded by majority vote of the other judicial panel members, not including the challenged member. If a judicial panel member is excused from service, the Chairperson of the Honor Council shall appoint a new panel member from among other Honor Council members who have not participated in any preliminary proceedings involving the violation of the Honor Code to be adjudicated.

§ 8.11
The procedure at the hearing is as follows:

1. The student members of the investigating team and the accused shall have the opportunity to present opening statements.
2. The student members of the investigating team shall present their evidence. Only one student member of the investigating team may examine or cross-examine a single witness.
3. The accused shall have the opportunity to present evidence in his or her defense.
4. The student members of the investigating team, then the accused, shall present final statements; however, the student members of the investigating team may split their final argument, reserving a brief time for rebuttal.
5. Any member of the judicial panel may, at any time during the hearing, ask any relevant question of the accused, his or her student counsel, any member of the student investigating team or of any witness.

§ 8.12
After the parties have made final statements, the judicial panel shall deliberate in closed session and after due deliberation shall vote on the guilt or innocence of the accused by secret ballot. A majority vote by the judicial panel that the evidence admitted at the hearing proves by clear and convincing evidence that the accused violated the Honor Code as charged shall constitute a finding of guilty.

§ 8.13
If the panel after due deliberation decides that the accused did not violate the Honor Code as charged, the proceedings are terminated. The panel shall write a brief statement of its decision, findings and reasons for decision and deliver the statement to the Chairperson of the Honor Council who shall file the statement in the Honor Code records described in Section 5.00

§ 8.14
If the panel after deliberation decides that the accused violated the Honor Code as alleged, the panel shall write a statement of its decision, findings and reasons for decision and shall set forth in writing a finding of the guilt of the accused and shall also set forth in its statement its recommendation for a sanction or sanctions set forth in Section 9.01 and its reasons for its recommended sanction(s). The panel shall submit its statement and recommended sanction(s) to the Dean of the College of Law who shall present the statement to the faculty for its consideration at its next regularly scheduled meeting or special meeting if the Dean believes a special meeting to be appropriate.

§ 9.00 Rules of Procedure: Sanctions

§ 9.01
The judicial panel, upon a finding of guilt of the accused, may recommend to the tenure-track faculty that any or all of the following sanctions be imposed:

1. delivery of a letter of reprimand from the Dean of the College of Law to the accused, such letter not being placed in the accused's law school file;
2. placement of a letter detailing the decision of the Honor Council in the accused's law school file
3. notation of the charge, verdict and findings in mitigation or in aggravation on the accused's transcript of grades;
4. reduction of the accused's grade, possibly to a failing grade, in any course in which the accused's violation occurred;
5. temporary suspension from the College of Law, which must be
1. for a time certain, at the expiration of which the student may apply for automatic reinstatement, or
2. under stated conditions, which the student must meet before applying for reinstatement, or
3. both; and
6. expulsion from the College of Law.

§ 9.02
In reviewing the sanction(s) recommended by the judicial panel, the tenure-track faculty need not attribute to that recommended sanction(s) a presumption of correctness; however, the tenure-track faculty shall accept the decision of guilty unless the faculty determines that the decision of guilty, as based upon the statement of facts prepared by the judicial panel, is clearly erroneous. Those tenure-track faculty members who sat on the judicial panel that heard a case are disqualified from acting under this section, but tenure-track faculty members involved at other steps of the proceeding are not so disqualified.

§ 9.03
After the tenure-track faculty has determined a sanction(s), the Dean, in writing shall:

1. notify the accused of the sanction(s) imposed and that he or she has a right to appeal to the University Judicial Council pursuant to its rules governing appeal;


2. send a copy of the sanction(s) so imposed to the Chairperson of the Honor Council for filing in the Honor Council records; and


3. in the absence of an appeal or after the termination of an unsuccessful appeal, impose the sanction(s) which the tenure-track faculty determined to be appropriate, unless the faculty otherwise directs.

§ 9.04
In any Honor Council proceeding in which there is a finding of guilt, a faculty member in whose course the alleged violation occurred may award any grade which the faculty member deems justified. In any Honor Council proceeding in which there is a finding of not guilty, the student's grade may not be changed.

§ 10.00 Publication of Honor Council Proceedings

The Honor Council shall publish the results of its proceedings as follows:

1. if the accused is found to be not guilty, the nature of the proceedings and the finding of not guilty shall be set forth, but the name of the accused shall not be published.


2. If the accused pleads guilty to a minor offense, the nature of the offense shall be published, but the name of the offender shall not be published.


3. If the accused is found guilty after an Honor Council hearing and sanction(s) have been decided by the faculty and rights of appeal have been exhausted, the nature of the proceedings, the sanction(s) imposed and the name of the accused shall be published.


4. The Honor Council proceedings and results of all hearings that have been resolved before the start of the semester shall be posted on the official College of Law bulletin board on the first day of the fifth week of the semester and remain posted for one week.