UNIVERSITY OF KENTUCKY COLLEGE OF LAW
HONOR CODE
Preamble
The faculty and the students of the University of Kentucky J. David Rosenberg College of Law (“College of Law”) establish this Honor Code in order to foster integrity and honor within the legal profession, to encourage an atmosphere of mutual trust and confidence within the College of Law among those who work and study there, and to promote respect for the College of Law among the public generally.
Article I ‑ The Honor Code
A law student shall not lie, cheat, steal, interfere with another student's academic pursuits, falsify or misuse academic records, or fail to report another student's breach of these rules.
Article II ‑ Violations
The conduct specified in the following six paragraphs is a violation of the Honor Code only if (1) the conduct is intentional, and (2) it relates to any work (a) intended to result in or lead to completion of work for academic credit from the College of Law or (b) undertaken while using the Career Development Office, its resources, or its facilities; (c) on or in connection with an application for admission to the College of Law; or (d) in connection with obtaining employment. (A) Lying. Lying is deliberate misrepresentation of a fact, or deliberate omission of facts making an otherwise true statement a misrepresentation.
(B) Cheating. Cheating is giving or receiving unpermitted aid in any course or assignment. Law students should assume that no aid is permitted, from other persons or materials of any kind, unless specifically authorized by the professor. While completing an assignment or exam, law students shall not use materials in any manner not specifically authorized by the professor. Cheating specifically includes plagiarism as defined in the University Administrative Regulations.
(C) Stealing. Stealing is taking without permission any property belonging to another with the intention of obtaining an academic advantage or with the intention of causing another student an academic advantage or disadvantage.
(D) Interference with academic pursuits. Interference with academic pursuits is any conduct which makes it difficult or impossible for another law student to perform academic work with the intention of hindering another student’s academic success.
(E) Falsification, misrepresentation, or misuse of academic records. An "academic record" is any paper or electronic version, official or unofficial, of any student's academic record, transcripts, application documents, admission credentials, or academic record transaction documents. "Falsification or misuse" is unauthorized access, use, misrepresentation, disclosure, or alteration.
(F) Failure to report a breach of the Honor Code. Failure to report a breach of the Honor Code is (1) failure to report, pursuant to Article IV(A), actual knowledge that another student has committed a violation of the Honor Code or (2) failure to appear and testify truthfully as a witness in any Informal Hearing conducted under Article IV(C) except when doing so pertains to a criminal act and would constitute self-incrimination pursuant to the Fifth Amendment to the United States Constitution or the Eleventh Section of the Kentucky Constitution.
(G) Exception for good faith reporting of alleged offenses. The good faith reporting of an Honor Code violation, regardless of whether the alleged violator is later found responsible for any offense under the Honor Code, may not be punished as a violation of the Honor Code.
Article III - Administration
The students and faculty of the College of Law shall be jointly responsible for implementing the Honor Code. An Honor Council, appointed by the Dean, shall be responsible for administering the Honor Code in accordance with its purpose, scope and procedures.
A. Honor Council Composition
1. Student Members. The Honor Council shall include at least four members of the prospective third year class and four members of the prospective second year class. The Student Bar Association of the College of Law each year shall invite all interested students to submit their names as candidates for Honor Council positions. The Dean shall then appoint twelve students from the candidate pool to serve as Honor Council members. If for any reason there is an insufficient number of candidates, the Dean shall select sufficient members from among those in the student body willing to serve on the Honor Council. Student members shall serve one-year terms from April 1 through March 31 and are eligible for re-appointment. If a student Honor Council member is unable to complete their term, the Dean shall appoint a replacement to serve until the end of the term. If a student Honor Council member is not available for a hearing, the Honor Council Chair shall select a temporary alternate from among the other Honor Council members.
2. Faculty Members. The Dean shall appoint four faculty members to the Honor Council. Faculty members shall serve a two-year term on the Honor Council on a staggered basis and are eligible for re appointment. If a faculty Honor Council member is unable to complete their term, the Dean shall appoint a replacement to serve until the end of the term. If for any reason a faculty Honor Council member is not available for a hearing, the Dean shall select a temporary alternate from the faculty.
B. Honor Council Chair
The Dean shall appoint one of the student members of the Honor Council to serve as Chair. It shall be the duty of the Chair to preside at all meetings of the Council, to receive all complaints and allegations of violations of the Honor Code, to address the first-year class concerning the existence and importance of the Honor Code, and to perform all other duties required by the office.
C. Student Agreement
Upon entering the College of Law, each law student shall be required to sign the following statement:
I, [Student’s Name], have read the College of Law Honor Code, understand it, and agree to abide by its provisions.
___________________________ _____________
Signature Date
Article IV - Procedures
A. Report of Suspected Violations
A law student or faculty member having actual knowledge that a law student has committed a violation of the Honor Code shall report such knowledge by a signed written complaint filed with the Chair of the Honor Council. In addition, any law student, faculty, or staff member who believes there has been a violation of the Honor Code may bring the alleged violation to the attention of the Chair by filing a signed written complaint. The complaint should include a brief account of the facts describing the incident and must be submitted no later than thirty days after Complainant becomes aware of the incident.
B. Preliminary Determination
No later than ten days after the filing of a complaint, the Chair of the Honor Council shall consult with the Associate Dean for Academic Affairs (“Associate Dean”) to determine whether the complaint alleges a violation within Article II of the Honor Code.
1. If the Chair, in consultation with the Associate Dean, determines the complaint fails to state a violation within Article II of the Honor Code, the Chair shall inform Complainant in writing of the determination and rationale. A determination by the Chair that a complaint fails to allege a violation within Article II of the Honor Code does not preclude a contrary conclusion upon a subsequent complaint based on new evidence.
2. If the Chair, in consultation with the Associate Dean, determines the complaint alleges a violation within Article II of the Honor Code, the Chair shall inform in writing both the accused person ("Respondent") as well as Complainant of the rationale leading to the determination that the complaint alleges a violation of the Honor Code.
Respondent shall have ten days, from the date the Chair sent them the written notification of the complaint, to respond in writing to the Chair. The Chair shall forward Respondent’s written response, if any, to Complainant and Associate Dean. If Respondent responds in writing, Complainant shall have ten days, from the date the Chair sent the response to Complainant, to reply in writing.
If, after review of Respondent’s response and Complainant’s reply, if any, the Chair and Associate Dean agree the basis for the complaint lacks probable cause of a violation of Article II of the Honor Code, the complaint shall be dismissed without prejudice. If (1) Respondent fails to respond to the complaint or (2) the Chair and Associate Dean do not agree that the basis for the complaint lacks probable cause, the determination shall be forwarded to the Dean or Dean’s designee to be assigned an informal hearing date.
If at any point in the proceedings herein an allegation of a violation of any other University policy is indicated, the Associate Dean shall forward the report and supporting evidence to the appropriate department. Forwarding the report to another department shall not preclude the procedures herein, regardless of whether another department ultimately initiates proceedings.
C. Notice of Determination
Upon the Dean receiving notice of a determination that the conduct described in a complaint alleges a violation of Article II of the Honor Code, an informal hearing shall be convened within a reasonable time. The Dean, or Dean’s designee, shall provide written notice of the hearing to Complainant and Respondent at least ten business days prior to the scheduled hearing. The notice must include:
1. Written documentation of the reported act and the specific facts upon which the alleged violation is based;
2. The rights of the Complainant and Respondent as set forth in the Honor Code, and any other applicable law;
3. The name of each Honor Council member presiding on the panel; and
4. The date, time, and location of the informal hearing.
D. Informal Hearing
The informal hearing on the matter shall occur before the Dean and a hearing panel consisting of four members of the Honor Council. If the Dean cannot preside over the hearing, the Dean may appoint an alternate from among the Associate Dean for Academic Affairs, the Associate Dean for Research, and the Chair of the Academic Status Committee.
1. Hearing Panel - The hearing panel shall consist of two student members and two faculty members of the Honor Council. The student members shall be selected by the Honor Council Chair based upon student availability. The faculty members shall be selected by the Dean, or the Dean’s designee, based upon faculty availability. Respondent shall report concerns related to impartiality of a panel member within no fewer than five days of receiving notice of the scheduled hearing.
2. Objectives - The purpose of the Informal Hearing is to inform and advise the Dean in reaching a conclusion on the issue of responsibility and on the appropriate penalty for the offense, if any. The informal hearing shall be conducted to permit the Dean and the hearing panel to hear the facts underlying the complaint, Respondent’s defense to the allegations, and any aggravating or mitigating factors that may affect the penalty.
3. Procedures - At least seven days before the hearing, Complainant, Respondent, and the University must produce any documents intended to be introduced at the hearing, and a list of witnesses to be called. Respondent shall also indicate whether they are represented by counsel. Any documents or witnesses not timely disclosed shall not be considered.
The informal hearing is closed and to the extent permitted by law, all matters discussed at the hearing are to be held confidential by those present.
In addition to the Dean and the hearing panel, only the Honor Council Chair, Respondent, Respondent’s legal representative, if any, Complainant, Complainant’s legal representative, if any, and counsel for the University may be present at the hearing. Prior to the hearing, Complainant and Respondent may each request up to two support persons to be present at the hearing. Their presence shall be granted if the Dean determines their presence would not violate the privacy rights of another student or substantially delay the disciplinary process. Other witnesses may also be present during their testimony. . The Dean will preside over the proceeding to elicit a complete record of the incident and may adjourn the proceeding to obtain further evidence relevant to the matter. The Dean, or their designee, must keep a record of the hearing, to be maintained in Respondent’s student file. .
The Dean and the hearing panel may question Respondent and any other witnesses.. Complainant, or Complainant’s legal representative, shall have the opportunity to make opening statements and closing arguments, present and rebut evidence, question any witnesses, and cross-examine any witnesses. Respondent, or Respondent’s legal representative, shall have the opportunity to make opening statements and closing arguments, present and rebut evidence, question any witnesses, and cross-examine any witnesses. Formal rules of evidence shall not apply. Respondent shall be presumed not responsible until proven otherwise by a preponderance of the evidence. However, said presumption shall not be construed to mean Complainant or any witness has presented false testimony or evidence. If Respondent intends to personally conduct cross-examination of a student who is a victim or Complainant, Respondent must submit the questions to the Dean and the Dean shall ask all relevant questions during the live hearing, state the specific rationale for excluding any question, and grant the opportunity for Respondent or the University to amend a question that has been excluded and to submit follow up questions.
4. Penalties - In determining the penalty to be recommended and applied, the Dean and the hearing panel shall include in their consideration the seriousness of the violation, the degree of willfulness and premeditation, and the truthfulness of Respondent throughout the informal hearing. If the penalty is suspension, a student may be suspended for a reasonable amount of time, which may include the time required for treatment or rehabilitation. Possible penalties for each of the categories of Honor Code violations are as follows:
a. Cheating - Penalties must include a failing grade in the course of “XE” or “XF" denoting failure due to an academic offense, and may also include a written reprimand to Respondent from the Dean to be copied to Respondent’s student file, loss of privileges to participate in Career Development Office programs, and suspension or expulsion from the College of Law.
b. Lying, stealing, interference with academic pursuits, or failing to report a breach of the Honor Code - Penalties may include a written reprimand to Respondent from the Dean to be copied to Respondent’s student file, a failing grade in the course of “XE” or “XF" denoting failure due to an academic offense, loss of privileges to participate in Career Development Office programs, and suspension or expulsion from the College of Law.
c. Falsification, misrepresentation, or misuse of Academic Records - Penalties may include a written reprimand to Respondent from the Dean to be copied to Respondent’s student file, loss of privileges to participate in Career Development Office programs, and suspension or expulsion from the College of Law.
5. Decision. At the end of the informal hearing, the panel shall deliberate, determine responsibility, and recommend the appropriate penalty by a vote of at least three members. The preponderance of the evidence standard shall be applied by the hearing panel.
The Dean shall consider the hearing panel’s recommendation and implement any appropriate penalty based on the evidence adduced at the informal hearing. If the hearing panel splits evenly on the issue of responsibility or the appropriate penalty, the Dean shall decide the question(s) based on the Dean’s own view of the preponderance of the evidence adduced at the Informal Hearing.
E. Implementation of Penalty
Within ten days of the informal hearing, the Dean must provide a written basis for the determination and communicate the same to the Complainant, Respondent or his or her legal representative, the Honor Council Chair, and the Academic Ombud. If the penalty involves a failing grade, the Dean must also forward the determination to the University Registrar.. If the penalty imposed includes suspension or expulsion from the College of Law, the matter shall be forwarded to the Provost for final consideration.
F. Appeals
A Respondent found responsible for a violation of the Honor Code may appeal the finding or the penalty imposed by filing a written notice of appeal with the Academic Ombud within ten business days of receiving notice of the Dean’s determination. Appeals will proceed before the University Appeals Board. The student will have the right of class participation and attendance during any academic appeal.
G. Confidentiality
In all matters arising under this Honor Code, faculty members and students should show due consideration for legitimate concerns regarding confidentiality. Faculty members and students should refrain from disclosing the identities of students who have alleged, reported, or been charged with violations of the Honor Code. Disclosure of the identity of such a student should only be made with the student’s consent, in response to legal process or verified open records requests, in seeking advice from legal counsel, or when necessary to further the policies underlying this Honor Code.
Article V – Review of Honor Code
The faculty of the Rosenberg College of Law through the appropriate committee shall conduct a periodic review of the Honor Code.