Presumption of Knowledge of the Code
All students are conclusively presumed to know the
provisions of the Honor Code. Lack of familiarity with the Code shall not
constitute a defense to an alleged violation.
A student is responsible for an act or omission deemed to be
a violation of the Code if the student knew or should have known that there was
a high probability that the act or omission would be found to be a violation of
A student violates the Code if the student engages in any
conduct related to the student’s academic career that is inconsistent with the
standards of honesty expected of a member of the legal profession, as defined
by the American Bar Association’s Model Rules of Professional Conduct. Such conduct includes, but is not
limited, to the following:
Application for Admission. It shall be a violation of the Code for any student to fail
to disclose, or to make a false statement of, a material fact on his or her law
school application. A fact is material if it would reasonably have been
considered as a factor in the decision whether to admit the student. It shall
also be a violation of the Code for a student to fail to update and amend his
or her law school application to disclose material facts that arise from the
date he or she applies to the College of Law through matriculation and
graduation. The obligation of truthfulness and accuracy is a continuing
obligation and extends beyond the filing of any application.
Examinations. With respect to examinations, students shall be presumed to
know all applicable exam rules and it shall be a violation of this Code to do
or attempt to do any of the following:
or receive unauthorized information concerning the content of an examination
prior to the examination;
b. Seek or
voluntarily receive unauthorized aid in any manner from any source with respect
to any examination;
into an examination room any unauthorized materials;
d. Give to
another student solicited or unsolicited unauthorized aid on an examination;
e. Fail to comply strictly with designated time
limits of an examination;
f. Use a false excuse to avoid taking an
examination at its scheduled time;
g. Identify himself or herself on a exam that is
graded anonymously; or
any person to take an examination in the place of oneself or to take an
examination for another.
Required Course Work, Assignments, and Other Academic
With respect to any work done in conjunction with and/or
required by any course for academic credit, including Independent Study, Guided
Research, Legal Writing, seminars, or any other academic exercise, the student
shall be presumed to know all applicable rules governing an assignment and it
shall be a violation of this Code to do any of the following:
in any act prohibited by the instructions governing an assignment;
as one’s own, and without appropriate citation, writings or ideas of another,
including those prepared by another student;
for credit work not originally prepared for the course for which it is
submitted, without explicit permission of the instructor of the course obtained
after the instructor has been advised of the origins of the work.
“Academic exercise” refers to any work constituting a basis
upon which a student will be evaluated to earn credit or other College of Law
honors including, but not limited to, examinations, research papers (including
topic proposals, outlines, and drafts), other writing assignments, oral
presentations, work done for credit in clinical programs or on law journals and
work performed in any moot court or other competition sponsored or conducted by
the College of Law.
The University Code of Student Responsibility defines plagiarism as a major
form of academic dishonesty involving the presentation of the work of another
as one’s own. Plagiarism includes, but is not limited to, the following:
direct copying of any material, computer files, recordings, video programs or
musical scores, in whole or in part, whether published or unpublished, without
proper acknowledgement that it is someone else’s;
of any source in whole or part with only minor changes in wording or syntax,
even with acknowledgement;
as one’s own work a report, examination paper, computer file, lab report or
other assignment that has been prepared by someone else including, research papers purchased or acquired
from another person or entity;
paraphrasing of another’s work or ideas without proper acknowledgement.
Plagiarism, like other forms of academic dishonesty, is
always a serious matter. If an instructor finds that a student has plagiarized,
the appropriate penalty is at the instructor’s discretion. Actions taken by the
instructor do not preclude the College of Law from taking further punitive
action under the Honor Code.
and Unauthorized Use of Property
It shall be a
violation of the Code to do any of the following:
a. Damage, hide or
otherwise exert unauthorized control over any library property or class-related
materials including, but not limited to, all DePaul University library
b. Damage, hide or
otherwise exert unauthorized control over property belonging to another
student, a faculty member or a student organization; or
c. Use for unauthorized
purposes University equipment or services including, but not limited to,
photocopying machines, mailroom facilities and computer research or word
Relating to Career Services
With respect to students seeking employment, whether
permanent, part-time or as an extern, it shall be a violation of the Code to do
any of the following:
a. Furnish to any
person information known to be false which is related to the student’s academic
record or which concerns activities related to the College of Law; or
b. Misrepresent another
student’s academic record or otherwise make comment known to be false about
another interviewee to any prospective employer.
of Honor Code Proceedings
With respect to any proceeding before the Academic Integrity
Hearing Board, it shall be a violation of the Code to do any of the following:
a. Testify falsely;
b. Fail without just cause to appear at any
hearing pursuant to a request issued by the Board;
c. Give false information to the presenter; or
d. Harass any person who provides information or
testimony pertaining to a violation of this Code or who participates in the
enforcement of this Code.
to Report Violations
It shall be a violation of the Code for a student to fail to
report any suspected violation of the Code where such student has reasonable
grounds to believe that such a violation has occurred.
for Dealing with Allegations of Honor Code Violations
The procedures of the Honor Code shall be the sole means for
dealing with allegations of violations as described in the Honor Code of DePaul
University College of Law.
If a student is the subject of a pending Honor Code
proceeding, that student shall not be granted a degree. Every reasonable attempt shall be made
to expedite proceedings in the case of a student who has applied to graduate.
for Obtaining Information
Violations. Persons, other than examination proctors, who have
information about a possible Honor Code violation of any kind by a law student
shall, as soon as possible, notify the Office of the Dean and the Assistant
Dean for Student Affairs in writing of the facts and circumstances. If the person possesses any materials
that may become exhibits, the person should give those materials to the Dean
and the Office of the Assistant Dean.
- Procedues During Examinations
If an examination proctor witnesses conduct which the
proctor believes to be a violation of the exam rules, the proctor shall
immediately verbally notify a dean, exam coordinator, the professor of that
class or the professor’s delegate.
Once the proctor provides verbal notice of an alleged violation, the
dean, professor or professor’s delegate may confiscate any improper materials
and advise the student to discontinue talking or otherwise continue violating
exam rules. Confiscated materials
shall be transferred to the Office of the Assistant Dean for Student
Affairs. Students who allegedly
violate exam rules shall be permitted to finish the exam during the allocated
- Procedures After the Examination
As soon as possible after the proctor gives verbal notice to
a dean, exam coordinator, professor or professor’s delegate, the proctor shall,
in a signed report, describe the alleged violation. The report should include a physical description of the
student or students alleged to be involved in the violation and of the acts
that constitute the violation. If
possible, the student’s anonymous number shall be given as soon as possible
after the exam to one of the deans of the College
of Law. When a professor, the
professor’s delegate or a dean is informed of the alleged violation, that person
shall notify the Office of the Assistant Dean for Student Affairs forthwith in
Term of Office
For each academic year, the Dean of the College of Law shall
appoint, with the ratification by the faculty, a panel of three Presenters
chosen from the full-time faculty.
When the Dean receives notice of an alleged violation, the
Dean shall appoint one member of the Panel of Presenters to investigate the
alleged violation and, if necessary, present the matter to the Academic
Integrity Hearing Board at the close of the presenter’s investigation. If the
Dean determines that no one on the Panel is available to complete the
investigation within a reasonable period of time, the Dean may appoint a substitute
Presenter from the full-time faculty.
If, after receiving the matter, the Presenter believes that
the alleged violation is frivolous on its face, then the Presenter, with the
agreement of one of the other Presenters, shall dismiss the matter. After a matter is dismissed as
frivolous, all documents relating to the alleged violation shall be destroyed, and no reference to the alleged violation shall be
maintained in the student’s file.
Notice to Student
If the Presenter determines that the alleged violation is
not frivolous on its face, the Presenter shall send notice by certified mail to
the student against whom a violation has been alleged. The notice shall be sent to the address
last indicated in the student’s file.
Notification shall consist of a brief statement of the events and acts
alleged to constitute a violation, but shall not include the identity of the
After notice is given to the student, the Presenter may proceed
with an investigation and may contact any person who may have information about
the alleged violation. The
Presenter may individually interview persons whom the Presenter believes have
information relevant to the matter.
The Presenter shall preserve the confidentiality of all information
given by persons who provide it.
The Presenter ordinarily shall complete the investigation within 30 days
from the start of the investigation.
At any point after the student receives notice, the student
shall have the right to be represented by any person the student chooses, at
the student’s expense. Students
are encouraged to choose counsel who are not members of the College of Law
faculty, but may select the representative of their choice.
Written Statement and
During the investigation and after notice to the student,
the student has the option of providing a written statement of his or her
version of the alleged incident.
The Presenter has the option to interview the student if the Presenter
determines that an interview would aid the proceeding.
If, after investigation and with the approval of one of the
other Presenters, the Presenter decides not to proceed, either because the
charges are deemed unwarranted or because there is insufficient evidence to
substantiate the alleged violation, then the Presenter may dismiss the charge.
The Presenter shall notify the student of the dismissal by certified mail.
If the student admits the violation, the Presenter may
recommend a negotiated finding and penalty in writing and by oral presentation
to the Academic Integrity Hearing Board.
The student and the student’s representative may appear before the Board
at that time. The Board shall
either ratify or reject the finding and penalty in writing. The Presenter shall notify the student
of the Board’s decision by certified mail. The Presenter shall submit a written report to the Dean that
summarizes the charge, the negotiated finding of a violation, the negotiated
penalty and the Hearing Board’s written decision. The record shall become a permanent part of the student’s
file and noted on the student’s official transcript.
Request for a Hearing
If the case is not dismissed, nor a finding and penalty
negotiated and ratified by the Board then, upon the Presenter’s written
request, the Academic Integrity Hearing Board, within a reasonable time, shall
hold a hearing to consider the alleged violation. In the absence of extenuating circumstances, this period
shall not exceed 60 days from the date of the Presenter’s request.
Integrity Hearing Board
The Academic Integrity Hearing Board shall consist of two
faculty members, chosen by the Dean from the full-time faculty and subsequently
ratified by the faculty, and three students appointed by the governing board of
the Student Bar Association.
Members of the Panel of Presenters for a given year shall not be
eligible to serve on the Hearing Board.
Term of Office
If possible, faculty members shall serve for at least a
two-year period so that one faculty member of the Board will have served in the
previous school year.
The Hearing Board shall not proceed unless all five members
are present. If it appears that
the Board will not be able to meet within a reasonable time, the Dean shall
appoint substitute members. If it
is necessary to appoint a substitute student member, the Dean shall do so after
consultation with one or more officers of the Student Bar Association, unless
such consultation would unreasonably delay the proceedings.
The hearing shall proceed as follows:
- Chairperson. The Hearing Board
shall elect a chairperson who shall preside over the hearing and who shall rule
on the relevance of information presented.
- Notice of Witnesses and Exhibits.
Within a reasonable time prior to the hearing, but not later than five days
before the hearing is scheduled to begin, the Presenter shall submit to the
student alleged to have committed a violation, or the student’s representative,
a list of the names of witnesses who will testify at the hearing and copies of
any exhibits to be introduced at the hearing. However, if the Presenter receives any additional
information thereafter, the information may be used at the hearing after
reasonable notice to the student or the student’s representative.
- Relevance Requirement. Except for
the relevance requirement, the rules of evidence, including, but not limited
to, the hearsay rule, need not be applied. Information relevant to prove or disprove the alleged
violation and to mitigate a sanction shall be admissible.
of Proof. The standard of proof shall be clear and convincing evidence.
- Oath. An oath shall be administered to all
persons who testify at the hearing.
- Closed Hearings. The
hearing shall be closed, and no information regarding the hearing shall be
released until final resolution.
- Student Testimony. The
Presenter may call the student to testify and, if the student refuses, the
Hearing Board may infer from the student’s failure to testify that the student
committed the alleged violation.
- Opening and Closing
Statements. The student alleged to have committed a violation, or the
student’s representative, and the Presenter shall be permitted to make brief
opening and closing statements.
- Witnesses. The
student alleged to have committed a violation, or the student’s representative,
and the Presenter shall be permitted to call witnesses and to cross-examine
Proceedings. A tape recording of the proceedings before the Board shall
be made. The student shall be
entitled to a copy of the tape at the student’s expense. The student, at his or her request and
expense, may employ a stenographer to make a transcript of the proceedings. The College of Law shall be entitled to
a copy of any such transcript upon timely request and shall tender an amount
equal to the cost of making the copy.
of a Violation. A finding that the student violated this Code shall require
the assent of at least four members of the Hearing Board.
Disclosure. If the Presenter negotiates a finding of a violation and a
penalty that are ratified by the Hearing Board, or if the Hearing Board finds a
violation occurred and imposes a penalty, it shall release information to the
student body regarding the violation and the sanction imposed. However, the Board shall not disclose
the names of the students involved.
If the Hearing Board exonerates the student, no information shall be released
to the student body.
on Sanction. No separate hearing regarding sanction shall be held by the
Hearing Board. Three members of
the Hearing Board must assent regarding the appropriate sanction. The Board
shall have broad discretion in determining a sanction. Sanctions may include, but are not
limited to, expulsion, probation, suspension, reduction in grade and
to Student and Dean’s Office of Decision.
The student alleged to have
committed a violation shall be notified in writing of the Hearing Board’s
decision within 10 days after it is rendered. The Dean’s Office also shall be given written notice of the
- Student Records. When a final resolution of
an honor code violation is reached by the Hearing Board, the records of the
proceedings shall become a permanent part of the student’s file. An Academic
Integrity Violation note is placed permanently on the student’s official
University transcript. The Board of Admissions in any state where a student
seeks to be licensed will be notified of the honor code violation and penalty.