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Student Honor Code

Student Honor Code

I. Preamble
The basic presumption of the Honor Code is that all law students should adhere to the ideals of professional responsibility in honorably conducting themselves while pursuing a legal education. The purpose of the Code is to enumerate specific guidelines to govern student conduct with respect to any academic matter. Nevertheless, the enumeration of these specific guidelines should not be construed as a denial of the existence of other duties and responsibilities equally imperative, though not explicitly mentioned.

II. Prohibited Conduct

An honor code violation demonstrates a lapse in professional judgment and may have a serious adverse effect on a student’s professional career. In this context, except as otherwise specified below, to be guilty of an honor code violation, a student must have engaged in the prohibited conduct with purpose, knowledge, recklessness or negligence as these terms are defined in the Model Penal Code section 2.02.

It shall be a violation of the Honor Code to engage in any of the following:

A. To use resource materials or other assistance:

1. in an exam, other than those specifically authorized by the professor;
2. in research or in other writing assignments when specifically prohibited by the professor; or
3. in a competition, when specifically prohibited by the competition's rules;

B. To submit as one’s work the work of another in draft or final form;

C. To make any material misrepresentation as to work toward satisfaction of the requirements for grade or credit in any activity for which credit is given;

D. To discuss the contents of the exam:

1. with anyone who has not yet taken the exam;
2. with any other person in any place where a reasonable person should realize that the conversation could be heard by another student who has not yet taken the exam;

E. To give or to receive any aid during an examination or fail to abide by exam time limitations;

F. To engage in any conduct which the actor knows or ought to know affords an unfair advantage to any student in an examination, research or clinical assignment, competition, or any activity for which academic credit is given;

G. To knowingly violate rules provided by a professor or competition chairperson, whether or not an unfair advantage is gained;

H. In use of the law school library, writing center or career development office:

1. to mark, mutilate, hide, or destroy materials;
2. to remove materials without proper authorization;
3. to deprive students of materials meant to be for the use of all students, such as an unreasonable refusal to reshelve or replace books, multimedia recordings or other class or resource materials;

I. To steal, damage or deprive another student of his/her books, notes, computer, storage device or other class-related materials;

J. To knowingly damage or disrupt the school’s computers, systems or networks;

K. To make any material misrepresentation on a document submitted for employment, including, but not limited to, a resume, a grade report, a cover letter, a recommendation or a writing sample;

L. To knowingly fail to adhere to the Honor Board’s conflict of interest provisions, or to the confidentiality imposed upon all participants in the proceedings described below;

M. To knowingly filing a false complaint;

N. To fail to make a prompt complaint as required by section IV(A).

III. Composition of the Honor Board

A. The Honor Board shall be composed of eight persons, including the Chairperson. These eight persons shall be as follows:

1. one Chairperson elected at large from the entire student body, who shall be a nonvoting member of the Honor Board;
2. one person elected from each of the seven classes and divisions, for a total of three day students and four evening students.

B. All elections shall be held in the spring concurrently with the Student Bar Association elections, except for the election of the first year members, who shall be elected in the fall, concurrently with the first year officers.

C. An Honor Board member shall disqualify himself/herself when an actual conflict of interest exists with the accused or known witnesses in a particular case. The member shall promptly disclose any potential conflict of interest to the Honor Board, regardless of whether the member disqualifies himself/herself. The Honor Board may disqualify a member from a particular case upon the affirmative vote of five members.

D. Should any Honor Board member be disqualified or disqualify himself/herself from any case, or be unable to attend an Honor Board meeting, the respective SBA class president shall serve as an alternate Honor Board member, and shall serve as a voting member for the duration of the given case or meeting. If the Honor Board Chairperson is disqualified from a particular case or is unable to attend an Honor Board meeting, the SBA President shall serve as the Acting Chairperson. If a seat is temporarily vacant, such as during the period between the end of spring term and before first year elections, or both an Honor Board member and the respective class president are unavailable, the SBA President shall make temporary appointments from the SBA Executive Council.

E. The Chairperson shall remove, in writing to the member and the SBA President, an Honor Board member who has two unexcused absences from meetings of the Board. The SBA Executive Council may remove, in writing to the member and the Honor Board Chairperson, the Honor Board Chairperson, member, or alternate upon a 2/3 majority vote, pursuant to the SBA Constitution and By-laws.

F. Should a permanent vacancy occur for whatever reason in the Honor Board, the respective SBA class president shall appoint a permanent voting member of the Honor Board from his or her class and division. Should a permanent vacancy occur for whatever reason in the office of Chairperson of the Honor Board, the SBA President shall appoint a permanent replacement from the SBA Executive Council.

G. A quorum shall consist of five voting Honor Board members for every meeting and the Chairperson and seven members for every hearing.

IV. Procedures

A. Complaint

1. Anyone who has reason to believe that an Honor Board violation has been committed shall promptly report it in writing to the Chairperson or to the Assistant Dean of Student Affairs[
dcobb @ law.umaryland.edu
]

2. The written report should specify the date(s), time(s), place(s), person(s) involved, potential witnesses, as well as describing the incident(s), and shall be signed and dated by the complainant.

3. Upon receipt of the complaint by the Chairperson, the Chairperson shall convene the Honor Board within ten class days. At the meeting the Board shall consider the report submitted by the complainant to determine whether the allegations set forth in the complaint constitute a possible violation within the scope of section II of the Honor Code.

4. If at least five members of the Board decide that the complaint alleges a possible violation, the Board shall select a student to act as Presenter of Facts, who shall be given the scope of his/her investigation by the Board in writing through the Chairperson. The Presenter of Facts shall automatically have the authority to investigate any underlying conduct by students other than the accused that is relevant to the investigation unless the student’s conduct raises an Honor Code violation or as otherwise directed by the Board.

5. The Board may choose any student, other than a member of the Board, to act as Presenter of Facts. However, in making the choice the Board shall consider the following factors:

a. his/her ability to perform the duties of Presenter of Facts with discretion and without prejudice;

b. whether personal relations with the accused or known witnesses would inhibit or unduly influence the performance of his/her duties; and

c. whether the reported violation occurred during a course of activity in which (s)he has an interest.

B. Investigation

1. Within ten class days of his or her appointment, the Presenter of Facts shall contact all relevant witnesses, the accused, and any witnesses then proffered by the accused and shall prepare a written statement of each witness’ account of the facts; (s)he shall ask each witness to sign and date the statement of his or her account.

2. When the Presenter of Facts contacts the accused or any other potential parties to the underlying conduct,(s)he shall inform the accused:

a. of the specific charges and course of conduct alleged to constitute a violation of the Honor Code;

b. that (s)he is entitled to be represented by counsel or other representative;

c. that (s)he is under no obligation to admit or deny the charges or to make any other statement;

d. that any statement (s)he makes may be used against him/her; and

e. that (s)he may plead guilty at any time, in which case the Honor Board shall recommend sanctions as provided in section V.

However, during the investigation, the accused shall not have the right to be informed of the name of the complainant.

3. All other witnesses contacted by the Presenter of Facts shall be informed of the confidentiality requirement imposed by sections II(L) and IV(F)(1).

4. The Presenter of Facts may request, in writing to the Chairperson, to expand the investigation to cover activities reasonably related to the underlying allegation if such activities may constitute a separate honor board violation. An affirmative vote of five members of the Board is required to expand the investigation, in writing through the Chairperson. If the Board declines to expand the investigation, it may, in its discretion, appoint a separate Presenter of Facts pursuant to section IV(A)(3-5).

5. Upon completion of the investigation, the Presenter of Facts shall meet with the Chairperson, and present a detailed, written summary of the results of the investigation. The Chairperson shall then set a date for the hearing, to take place within ten class days of this meeting. At least six class days before the date of the hearing, the Chairperson shall notify the accused, in writing:

a. of the date, time, and place of the hearing;

b. of the specific charges and course of conduct alleged to constitute a violation of the Honor Code;

c. that (s)he is entitled to be represented by counsel or other representative;

d. that (s)he is under no obligation to admit or deny the charges or to make any other statement;

e. that any statement (s)he makes may be used against him/her; and

f. that (s)he may plead guilty at any time, in which case the Honor Board shall recommend sanctions as provided in section V.

The Chairperson shall also notify all other participants of the date, time, and place of the hearing.

6. Upon hearing the report of the Presenter of Facts, the Chairperson may, instead of setting a date for hearing, dismiss the charge. However, the matter shall be dismissed if, and only if, the Chairperson determines that the investigation has revealed that there is no reasonable basis in fact for the charge.

7. If the matter is to be dismissed, the Chairperson shall so notify the Assistant Dean for Student Affairs and the accused in writing.

C. Hearing

1. The hearing shall be presided over by the Chairperson, and shall be attended by the Honor Board members and any relevant witnesses. Except for these witnesses, the hearing shall be closed to the public unless the accused requests a public hearing. A request for a public hearing, or for a separate trial in a case with more than (1) accused student, must be made in writing to the Chairperson at least forty-eight hours prior to the scheduled time of the hearing.

2. At the hearing it shall be the duty of the Presenter of Facts to present the witnesses to the alleged violation and to present, as fairly and objectively as possible, the facts of the case. The accused shall have the right to rebut any testimony presented, and to present his/her defense or proof of such mitigating circumstances as the accused shall deem necessary.

3. The hearing shall be conducted under the following rules of procedure:

a. The Chairperson may admit and give probative effect to evidence, including hearsay, which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. It shall give effect to the rules of privilege recognized by law. It may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.

b. All evidence, including records and documents in the possession of the Board of which it desires to avail itself, shall be offered and made a part of the record in the case, and no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.

c. Every party shall have the right on every genuine issue: (1) to call witnesses and present evidence; (2) to cross-examine every witness called by the Board or any other party; (3) to submit rebuttal evidence; and (4) to present summation and argument.

d. If at any time during the hearing, any witnesses or counsel for the parties exhibit disrespectful, abusive or hostile behavior or act in disregard of the dignity of the proceedings, the Chairperson, upon his or her discretion, may require any person except the accused to leave the proceedings.

4. At the conclusion of the hearing, the Board shall reach a verdict by a preponderance of the evidence as to the guilt of the accused. A vote of at least five members shall be necessary to find the accused guilty. If the Board reaches a guilty verdict, it shall also vote to recommend sanctions pursuant to section V, reaching its recommendation by a majority vote. The Chairperson shall not vote for either verdict or for the sanctions to be recommended by the Board.

5. Within five class days of the conclusion of the hearing, the Honor Board shall announce to the accused, in writing, its verdict and the sanctions it will recommend. If the Board makes a finding of guilty, it shall state its reasons in writing to the accused, and shall provide a copy to the Administrative Committee chairperson.

D. Appeals

The accused shall have the right to appeal an adverse verdict by the Honor Board to the Administrative Committee within the time and in the manner provided by paragraph V.G. of the Student Disciplinary and Appeals Procedure. The Board’s finding of guilt shall not be reversed unless it is found to be arbitrary, capricious, or lacking a substantial factual basis; however, as set forth in § V(G)(5) of the school’s Student Disciplinary and Appeals Procedure, the Administrative Committee reserves the right to hear appeals of an Honor Board’s finding of guilt de novo. All sanctions recommended by the Honor Board may be modified by the Administrative Committee following a hearing before the Committee—whether or not the accused appeals. See § V(C) of the Honor Code.

E. Complaints Against Graduating Students

If a complaint is pending against a student within the last two weeks prior to that student’s expected date of graduation the following provisions shall apply:

1. Chairperson shall immediately notify the Assistant Dean of Student Affairs that a complaint is pending against the graduating student;

2. The Chairperson or Dean shall then immediately inform the accused:

a. that a pending complaint will prevent the accused from graduating unless the matter is resolved by the day prior to the date of graduation, and

b. that the he/she may immediately request in writing that:

i. the matter be turned over to the Administrative Committee for disposition pursuant to paragraph V.F. of the Student Disciplinary and Appeals Procedure; or
ii. the Chairperson forgo the six day notice requirement and expedite the disposition of the matter.

A request under this provision must be made in writing, with copies to both the Dean and Chairperson of the Honor Board within two days of the date the accused is notified by the Chairperson of the pendency of the complaint.

3. The Dean or Administrative Committee may, for any reason, deny a request made pursuant to section IV(E)(2)(b)(i). The Chairperson of the Honor Board shall grant any request pursuant to section IV(E)(2)(b)(ii) unless it appears to the Chairperson that the matter could not be fairly resolved in the period remaining prior to the graduation date.

F. Miscellaneous Procedures

1. All proceedings conducted under this Code shall be closed to the public, except in the circumstances described in section IV(C)(1). No participant in these proceedings shall disclose anything, which transpired therein, except if a public hearing under section IV(C)(1) is held.

2. The hearing, if any, shall be recorded on audiotape. If the Board makes a guilty determination, the Honor Board Chairperson shall hand deliver the tapes to the Chairperson of the Administrative Committee. If the Board makes a not guilty determination, the Honor Board Chairperson shall hand deliver the tapes to the Assistant Dean of Students Affairs.

3. At the discretion of the Chairperson, time limits for meetings, investigation, and hearing may be extended, in writing to Honor Board members.

4. Parties may waive any right herein granted by writing to the Chairperson.

5. All correspondence required or permitted by this Code may be transmitted and signed electronically.

6. In fulfilling its responsibilities, the Honor Board may seek the advice of counsel for the University.

V. Sanctions

A. If the accused is found or pleads guilty, the Honor Board may recommend any one or more of the following sanctions:

1. permanent expulsion from the University of Maryland School of Law (only if such decision was reached unanimously by the Honor Board);

2. suspension for a specified time;

3.official reprimand to be made a part of the student’s permanent records and disclosed to the bar examiners for each state to which the student applies;

4. in cases of destruction of property, monetary restitution for damage done;

5. reconsideration by the course professor or competition chairperson of the grade, credit or position given or to be given to the violator of the Code;

6. mandatory remedial education or training;

7. any other resolution which the Honor Board deems appropriate.

B. The Administrative Committee shall impose such sanctions for a violation of the Honor Code as it deems appropriate. In making this determination, the Administrative Committee shall give serious consideration to the recommendation of the Honor Board. The Administrative Committee shall report its sanction and final disposition of the case in writing to the Chairperson.

C. The sanctions imposed shall be commensurate with the nature of the violation.

VI. Miscellaneous

A. The Honor Code may be amended at any time by a vote of two-thirds majority of the SBA Executive Council and concurrence of the Faculty Council. All proposed and adopted amendments shall be communicated to the student body.

B. This Honor Code shall be the exclusive procedure for handling violations of section II of the Honor Code at the School of Law. It shall not apply if a complaint is received after a student has graduated.

C. This Honor Code shall be publicized to the student body as often as is necessary to ensure student awareness of its provisions.

D. For purposes of interpreting this Honor Code, these terms are defined as follows:

1. Terms of Office—Terms of all Board members, except first year day and evening students, begin as of the first day of summer session (based on elections held during spring semester) and end on the last day of finals of the following spring semester. The term for first year day and evening Board members begins as of the date of election in the fall semester and ends on the last day of finals of the following spring semester.

2. Electronic Signature—any writing transmitted by computer bearing the author’s name at the bottom is deemed electronically signed.

3. “Class Day” is defined by the Student Disciplinary and Appeals Procedure I (A), which is available on the School of Law’s website. Unless otherwise specified, “day” or “days” refers to calendar days.

Adopted 1976; amended 1984, 1989, 1990, 1999 and 2007

Student Honor Code

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