INVESTIGATION

1. Allegations of student misconduct shall be investigated by three members of the Faculty Administrative Committee (“the investigating members”). One of the investigating members shall be the chairperson or a co-chairperson of the committee. The other investigating members shall be designated by the investigating chairperson. The other co-chairperson may be an investigating member.

2. The investigating members shall investigate the facts and circumstances surrounding the allegations and interview the student concerned.

3. The investigating members shall determine whether there is sufficient information to warrant further proceedings to determine whether the student has engaged in sanctionable conduct. Sanctionable conduct shall include any violation of the Rules and Regulations of the Law School or other sanctionable conduct as defined in Regulation XI of those Rules and Regulations.

FACT-FINDING

4. If the investigating members determine that there is sufficient information to warrant further proceedings to determine whether the student has engaged in sanctionable conduct, it shall present the matter to the Fact-Finding Subcommittee of the Faculty Administrative Committee, except as provided in paragraph 5.

5. If the investigating members determine, after consultation with the Dean, that the evidence would only support a finding of a minor violation or misconduct, such that no sanction, or no sanction in excess of a private reprimand would be justified, they may so report to the Dean who may administer a private reprimand or lesser sanction, without further proceedings, unless the student requests that the Fact-Finding Subcommittee hear the matter.

6. The Fact-Finding Subcommittee of the Faculty Administrative Committee shall consist of five members of the Administrative Committee, appointed by the chairperson or chairpersons at the beginning of the academic year for a one year term. None of the investigating members shall sit on the subcommittee.

7. If the matter is to be presented to the Fact-Finding Subcommittee, the investigating members shall notify the student in writing of the allegations to be considered and the time of the meeting.

8. The procedure before the Fact-Finding Subcommittee shall be private and informal. The investigating members shall present the witnesses and evidence they have obtained concerning the allegations. The student shall not be present during the fact-finding proceeding, except that the student shall have the opportunity to appear to present evidence and to speak on his or her own behalf. Counsel or other advisor for the student may be present when the student appears before the Subcommittee solely for the purposes of observing the proceedings and advising the student.

9. The Fact-Finding Subcommittee shall consider the evidence and determine whether sanctionable conduct has been established by clear and convincing evidence. If it finds that no sanctionable conduct has been established, it shall dismiss the allegations. If it finds that such conduct has been established, it shall report to the Dean the nature of the conduct found, with a recommendation as to the appropriate sanction under all the circumstances. A copy of the Subcommittee’s report shall be sent to the student.

10. If the student admits the sanctionable conduct, the Fact-Finding Subcommittee shall hear the evidence or a summary thereof by the investigating members, consider the circumstances and any statement the student wishes to make, and recommend a sanction to the Dean. A copy of the Subcommittee’s report shall be sent to the student.

FORMAL HEARING

11. If the Subcommittee finds sanctionable conduct, or the student admits such conduct, the Dean shall meet with the student concerning the Subcommittee’s report and the recommended sanction. The student may bring counsel or another advisor to the meeting. The Dean shall discuss the recommended sanction with the student, and inform the student of the sanction which he or she will recommend to the full faculty.

12. If the student contests the findings of the investigating members of the Subcommittee, he or she may request that a formal Hearing Committee be appointed to hear the allegations.

13. The Hearing Committee shall consist of five members appointed by the Dean from the faculty at large. The Dean shall appoint one of the five members as chairperson. No member of the Fact-Finding Subcommittee may serve on the Hearing Committee. The student may challenge any member of the Hearing Committee for cause. Such challenges shall be resolved by the Dean.

14. At the hearing, the allegations and supporting evidence shall be presented by the investigating members or by the counsel for the Law School.

15. The formal hearing shall be closed, except for parties and necessary staff, unless the student requests that the hearing be public. Formal rules of evidence shall not apply, but the chairman may make such rulings as are necessary to ensure fairness and to expedite the proceedings. Witnesses will be sequestered unless otherwise agreed upon by the parties. Witnesses will be sworn by notary public. The student may be represented by counsel, and shall be entitled to present evidence and cross-examine witnesses. If either the Law School or the student intends to be represented by counsel, the other party shall be notified at least four days prior to the hearing, and a taped or stenographic record shall be made of the proceedings. Opening and closing statements will be allowed. Members of the Committee may ask questions, but should exercise care not to take an adversarial role in the hearing.

16. The Hearing Committee shall hear the evidence de novo, and determine whether sanctionable conduct has been established by clear and convincing evidence. If it finds that no such conduct has been established, it shall dismiss the charges. If it finds that such conduct has been established, it shall report to the Dean the nature of the conduct found, with a recommendation as to the appropriate sanction under all the circumstances. A vote of four of the five members of the Committee (or three out of four if one member is absent) shall be required to find sanctionable conduct. A copy of the Hearing Committee’s report shall be sent to the student.

17. Findings of fact by the Hearing Committee shall be final.

SANCTIONS

18. The Law School Faculty shall have final authority to impose a sanction on a student for sanctionable conduct, except as provided in paragraph five. If the student admits the conduct, or accepts the findings of the Fact-Finding Subcommittee that such conduct has occurred, or, after a formal hearing, the Hearing Committee finds that such conduct has occurred, the Dean shall so report to the Faculty. The Dean shall also report the sanction recommendations of the Fact-Finding Subcommittee and the Hearing Committee, if any, and his or her own recommendation for an appropriate sanction.

19. The student shall have an opportunity to make a statement to the Faculty, in person or by counsel or another advisor on the issue of the appropriate sanction.

20. Sanctions which may be imposed include but are not limited to a private reprimand, a public reprimand, probation, suspension or dismissal from the Law School. Any sanction more serious than a private reprimand shall become part of the student’s permanent record. Additional conditions may also be imposed where appropriate.

21. The Office of the Dean shall keep a record of all disciplinary proceedings, including any findings by the investigating members, the Fact-finding Subcommittee, or a Hearing Committee, and any sanctions imposed by the Dean or the Faculty. Such records shall be confidential.

WITHDRAWAL DURING PENDENCY OF DISCIPLINARY HEARINGS

22. If a student withdraws from the Law School while a disciplinary investigation or proceeding is pending, the following entry shall be made on the student’s transcript: “Withdrew while disciplinary proceedings pending.” A student who withdraws while such investigation or proceeding is pending will not be readmitted to the Law School except in extraordinary circumstances.