Academic Dishonesty and Misconduct

Download in pdf format

Initial action by Dean. When the Dean becomes aware of a matter allegedly involving academic dishonesty or other misconduct by a student, the Dean may do any of the following:

1. handle the matter informally;
2. initiate a fact-finding process;
3. initiate a hearing process.

Fact-finding process. The Dean may appoint one or more faculty or staff members as a fact finder to investigate the allegation and report the results of this investigation to the Dean. No faculty or staff member may be appointed as a fact finder if the faculty or staff member was the person who made the Dean aware of the alleged misconduct.

The fact finder may seek information from anyone who may have information related to the allegation. If the fact finder wishes to seek information from the student whose conduct is in question, the student must be informed that he or she is not compelled to provide information.

After the completion of the fact-finding process, the Dean may either deal with the matter informally or initiate a hearing process. In order for the Dean to proceed informally, the student whose conduct is in question must consent.

Hearing process. The Dean may appoint as a hearing officer one or more faculty members to conduct the hearing, make factual findings, and recommend appropriate action. No faculty member may be appointed as a hearing officer if the faculty member either was the person who made the Dean aware of the alleged misconduct or served as a fact finder for this matter.

Notice. At least fourteen days before the hearing, the student whose conduct is in question must be notified of all of the following:

1. the time and place of the hearing;
2. the conduct in question;
3. the name of any person who has provided the Dean or a fact finder any information about the conduct;
4. the substance of the factual findings reported to the Dean by a fact finder.

Attendance and representation. The student whose conduct is in question must be permitted to attend the hearing and may have present a lawyer or other representative. If the student requests, the hearing must be open to the public.

Testimony. The student whose conduct is in question may present written or oral testimony, or both, before or at the hearing. The student may also cross-examine, personally or through a representative, any person presenting oral testimony at the hearing. Within fourteen days of the conclusion of the hearing, the student whose conduct is in question may submit, personally or through a representative, additional written testimony.

Opinion. The hearing officer or officers shall provide the Dean and the student whose conduct is in question a written opinion within thirty days of the hearing. If the student notifies the hearing officer or officers in writing that he or she will not submit any additional written testimony after the hearing, the hearing officer or officers shall submit the opinion within fourteen days of that written notification.

The opinion must be based on the testimony, written or oral, received at the hearing and any written testimony provided before the hearing or within fourteen days of the hearing by the student whose conduct is in question. The opinion may include a recommendation of any sanction permitted by the School of Law.

Final decision and review. A final decision on any sanction is within the discretion of the Dean, subject to review by the faculty of the School of Law. The decision of the School of Law is final.

Academic sanctions. Irrespective of the outcome of any disciplinary proceedings, a faculty member in whose course or other academic activity the conduct in question arose may impose any academic sanctions permitted by the School of Law after disciplinary proceedings are concluded.

adopted February 15, 1991
modified February 26, 1991 by order of the Dean
updated September 5, 2002