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PREAMBLE
The members of
the Southern University Law Center community
establish this honor code because:
1. It is
essential to the welfare of the legal
profession and the people whom it serves
that the integrity of all its members are at
all times beyond reproach.
2. There is an
overriding obligation that one’s learning
process is conducted in an ethical manner,
and this obligation goes beyond purely
professional consideration.
THE CODE
1. It is the
duty of every student to act honorably in
all relations of student life.
2. Lying,
cheating, and stealing are specifically
condemned.
3. Any action
that tends to gain an unfair advantage over
other students’ academic affairs is
prohibited.
4. All
scholastic dishonesty is forbidden.
5. Each student
has a duty to report any suspected
infraction of the honor code.
RULES OF
PROCEDURE
I.
Jurisdiction
1.1 A student is
subject to the provisions of the honor code
by virtue of matriculation at Southern
University Law Center.
1.2 This code
covers any conduct that directly or
indirectly pertains to the student’s
academic relation with the Law Center.
1.3 Sanctions
imposed under this code shall be Law Center
sanctions exclusively. No university
sanction shall be imposed hereunder.
1.4 The Honor
Code Committee may render advisory opinions
to the Chancellor as to whether given
conduct is in violation of the code.
II.
Organization
2.1 The Honor
Code Committee of the Law Center shall
administer the honor code.
2.2 The Honor
Code Committee shall possess all powers
necessary to properly exercise its
jurisdiction and to conduct hearings in a
dignified, orderly, and expeditious manner.
It may punish, as a violation of the honor
code, any unwarranted interference with its
exercise of these powers.
2.3 The Honor
Code Committee shall be composed of seven
regular members selected in the spring of
each year after the election of Student Bar
Association Officers. The Chancellor of the
Law Center shall appoint four faculty
members to serve one-year terms on the
committee. The President of the Student Bar
Association shall appoint three students
subject to ratification by the Law Center
Faculty. Two of these shall be selected from
the then junior class, and one from the then
freshman class, all for one-year terms.
2.4 The
President and the Chancellor shall each
appoint, in the same manner as the
appointment of regular members, one
alternate member each from the then junior
class, the then freshman class, and the
faculty. In cases of temporary vacancies in
the committee, the alternate member shall
become the regular member for the unexpired
portion of the term and a new alternate
shall be appointed.
2.5 It shall be
necessary for seven members of the committee
(either regular members or their alternates)
to be present and participate to constitute
a quorum.
2.6 The Honor
Code Committee shall select from its
membership a chairman.
2.7 There shall
also be an Investigatory Committee, composed
of five members, three faculty and two
students. They shall be appointed at the
same time as the members of the Honor Code
Committee and in conformance with the
provisions of 2.3 above.
2.8 The
Investigatory Committee shall elect from its
membership a permanent chairman who shall
apportion the investigations among the
members of the committee.
III.
Initiation of Proceedings
3.1 Proceedings
under this code shall be instituted by the
submission to the Investigatory Committee of
a written statement by any student, faculty
member, or Chancellor alleging that he or
she has reason to believe that a violation
of the honor code has occurred. A member of
the Investigatory Committee may file such a
statement on his or her own initiative. The
Honor Code Committee shall notify the
Chancellor of all investigative procedures
and of all proceedings before it.
3.2 A violation
must be reported within 30 days after the
final day of examinations for the semester
in which it occurred, unless it was a
violation as to be undiscoverable until a
later date. In the latter case, the report
must be filed within 30 days after the final
day of examinations of the semester in which
the violation was discovered. In no case
shall prosecution under this code be
commenced if these time limitations are not
strictly observed.
3.3 The chairman
of the Investigatory Committee shall appoint
one or more investigators to conduct a
preliminary investigation of the alleged
violation to determine if there is probable
cause sufficient to warrant a hearing. The
chairman shall be given the principal
responsibility for the investigation with
whatever assistance deemed necessary.
3.4 If the
investigator(s) find probable cause, they
shall, within a reasonable time from receipt
of the complaint, give written notice to the
accused, such notice containing the date and
nature of the alleged offense and a brief
summary of the evidence. In addition, the
accused shall be given a copy of these rules
of procedure.
3.5 The
investigator(s) shall contact the Chancellor
of the Law Center to inform him of the
charge as soon as probable cause has been
determined. The Chancellor and the
investigator(s) shall hold a preliminary
meeting if (a) there is a need for immediate
temporary action by the Chancellor pending
the holding of a hearing or (b) there are
questions of law upon which the
investigator(s) desire the Chancellor’s
advice.
3.6 If the
accused admits the violation, the Chancellor
may suspect the accused temporarily or take
whatever other disciplinary action he deems
necessary, after consultation with the
investigator(s). Such action shall not be
held to prejudge any question to be
determined by the Honor Code Committee, nor
shall it preclude them from making any
finding which otherwise would be proper.
3.7 As soon as
probable cause has been determined, the
investigator(s) shall meet with the chairman
of the Honor Code Committee to set a date
for the hearing. Written notice of the date
of the hearing shall then be given to the
accused by the investigator(s).
3.8 The hearing
shall commence not less than three nor more
than 15 days exclusive of examination
periods, from the date on which notice is
given to the accused. By mutual agreement,
the investigator(s) and the accused may
postpone the hearing for a reasonable period
beyond the above limits.
3.9 The
investigator(s) shall contact the accused at
least two days prior to the hearing, to
receive his or her plea of guilty or not
guilty, and to discuss any matters upon
which agreement would expedite the hearing
and help secure the ends of justice. At this
time the accused shall give the
investigator(s) the names of all persons
providing legal assistance, including
retained counsel if any.
3.10 The
investigator(s) may, after consultation with
the chancellor, obtain the assistance of a
member of the Louisiana State Bar
Association in conduction the hearing. This
should only be done in those cases where it
is necessary for the orderly administration
of justice.
IV.
Hearing
4.1 The hearing
shall be closed to the public.
4.2 The hearing
shall be conducted with as much informality
as is consistent with the purpose of the
inquiry. Formal rules of evidence and
procedure shall not apply.
4.3 The accused
in conduction a defense shall have the right
to the assistance of any person including
retained counsel. He or she shall further
have the right to confront the accuser and
the witnesses and to cross-examine these
persons. The accused shall be accorded the
right to remain silent and no adverse
inference shall be drawn therefrom. The
accused shall be presumed innocent until
guilty is proven.
4.4 Should the
accused, after notification of the charges
and date, time, and location, of the
hearing, willfully fail to appear at the
hearing, the Honor Code Committee may
proceed in his or her absence. In such
cases, he or she shall be deemed to have
waived the right to present a defense to the
charges but this shall not be the equivalent
of a guilty plea.
4.5 The
proceeding shall be bifurcated as to (a) the
guilty or innocence of the accused and (b)
the sanctions to be imposed.
4.6 The chairman
shall arrange for the hearing to be recorded
in its entirety upon the request of the
accused. However, the proceeding shall not
be delayed pending receipt of the
transcript.
4.7 The
suggested order of the hearing is:
(a) Reading of
the charge against the accused.
(b) The
accused’s plea of “guilty” or “not guilty.”
If the plea is “guilty,” steps (c)
through (k)
shall be omitted.
(c) A general
statement of the facts and evidence by the
investigator(s).
(d) A reply, if
desired, by the accused, his or her counsel,
or anyone assisting the accused in the
defense.
(e) A
presentation of the evidence by the
investigator(s). The accused shall be
allowed to cross-examine any witness
presented by the investigator(s). The Honor
Code Committee members may question any
witness after the accused and the
investigator(s) have completed their
questioning.
(f)
Presentations of any evidence which the
accused desires to bring the attention of
the committee. The investigator(s) and the
committee have the right to question the
witnesses as above.
(g) At the
discretion of the chairman, the
investigator(s) may be given the opportunity
to present further evidence, including
recall of previous witnesses.
(h) The
investigator(s)’ summation of the evidence.
(i) A reply, if
desired, by the accused, his or her counsel,
or anyone assisting the accused in the
defense.
(j) Secret
deliberations of the Honor Code Committee on
the question of guilt or innocence of the
accused.
(k) Announcement
of the verdict of the committee. The verdict
shall be “guilty” or “not guilty”.
(l) If the
verdict is “guilty” or the accused has
entered a plea of “guilty,” he or she shall
be allowed to make a statement or to present
evidence to the committee relating to
mitigating circumstances. In so doing the
procedures of sections (e) and (f) are to be
followed, with the accused presenting his or
her evidence first and the investigator(s)
following.
(m) The accused
may make a final statement to the committee.
(n) The
committee shall then, in secret session,
determine the appropriate sanction.
(o) The secrecy
provided herein shall not extend to court
proceedings.
4.8 A verdict of
“guilty” shall be concurred in by at least
five of the seven-committee members
participating in the hearing. If after
sufficient deliberation a “guilty” verdict
has not been reached, the verdict shall be
“not guilty” or the committee may require
further investigation.
4.9 Any sanction
from oral admonition to expulsion from the
Law Center may be selected. The sanction
must be approved by a majority of the
committee members participating in the
hearing.
4.10 The
committee shall notify the accused of the
sanctions as soon as possible after a
decision is reached.
4.11 Within a
reasonable time after completion of the
hearing, exclusion of weekends or holidays,
the Honor Code Committee shall submit to the
Chancellor of the Law Center, a written
opinion and physical evidence.
4.12 If the
verdict is “guilty,” the chairman shall
insure that the record of the hearing is
retained for one year after the final
decision is reached. It shall be dated and
placed in the safe in the Office of
Admission and Records. If a decision is “not
guilty” is reached, the record shall be
destroyed after one year from the date of
decision.
V.
Sanctions
5.1 Sanctions
other than oral admonition by the Honor Code
Committee may be implemented only by action
of the Chancellor. Oral admonition may be
implemented by the Honor Code Committee
subject to the provisions of 6.3 below.
5.2 Sanctions
which may be determined by the Honor Code
Committee include, but are not limited to,
one or more of the following which are set
forth in descending order of severity:
(a) Expulsion
from the Law Center;
(b) Suspension
from the Law Center for one or more
semesters;
(c) A grade of
“F” in any course to which the offense
pertains;
(d) Withdrawal
of credit in a course;
(e) Lowering of
grade in any course to which the offense
pertains;
(f) Suspension
from one or more courses for any period or
suspension from the Law Center for less than
a semester.
(g) A retake of
an examination in a course, or the doing or
repetition of any work less than the entire
course in such a manner and subject to such
conditions as the committee shall determine;
(h) Probation;
(i) A written
reprimand;
(j) Admonition,
either oral or written.
VI.
Appeal
6.1 A verdict of
“not guilty” is final and not reviewable.
6.2 A verdict of
“guilty” may be appealed to the Chancellor
of the Law Center, who may order a
reconsideration by the committee.
6.3 The
committee’s findings, both as to guilt and
sanction, shall become final when approved
by the Chancellor.
VII.
Miscellaneous Provisions
7.1 Words and
phrases are to be read in their context and
are to be construed according to the common
and approved usage of the language.
7.2 The word
“shall” is mandatory; the word “may” is
permissive.
7.3 These rules,
together with the honor code, shall be
effective from the date on which they are
ratified by: (1) a majority of the members
voting at a student vote called for this
occasion; (2) the Chancellor of the Law
Center; and (3) the faculty of the Law
Center. Amendments hereto and to the honor
code, shall be effective once they are
similarly approved.
VIII.
Exclusions
8.1 Nothing
contained herein shall preclude:
(a) The
administration, law faculty or individual
instructors from establishing and enforcing
rules pertaining to the administration of
exams, the promotion of academic
performance, or the maintenance of classroom
decorum;
(b) The
establishment and enforcement by the
individual instructor of rules pertaining to
methodology used in classroom:
(c) The use of
authority by the instructor to do those
things believed to be necessary to fulfill
responsibility in the classroom, including
devices to promote effective class
participation, to prevent disturbance of the
classroom situation, and to assure punctual
as well as regular class attendance.
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