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.

Standard of Responsibility

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 the Code.

Unprofessional Conduct

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:

a. Obtain 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;
c. Bring 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
h. Engage 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 Exercises

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:

a. Engage in any act prohibited by the instructions governing an assignment;
b. Submit as one’s own, and without appropriate citation, writings or ideas of another, including those prepared by another student;
c. Submit 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.

Plagiarism: 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:

a. The 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;
b. Copying of any source in whole or part with only minor changes in wording or syntax, even with acknowledgement;
c. Submitting 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; 
d. The 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.   

Theft 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 materials;
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 processing equipment.

Conduct 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.

Obstruction 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.

Failure 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.

Procedures 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.

Procedures for Obtaining Information

Non-Examination 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.

Examination Violations

  1. 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 time.
  2. 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 writing. 

Panel of Presenters

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. 

Appointments

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.

Frivolous Matters

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 Before Investigation

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 student’s accuser.

Investigation

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.

Student Representatives

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 Interview

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.

Dismissal

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.

Negotiated Findings and Penalties

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.

Academic Integrity Hearing Board

Internal Procedures

Appointments

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.

Quorum

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.

Hearing Procedures

The hearing shall proceed as follows: 

  1. Chairperson. The Hearing Board shall elect a chairperson who shall preside over the hearing and who shall rule on the relevance of information presented.
  2. 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.
  3. 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.
  4. Standard of Proof. The standard of proof shall be clear and convincing evidence.
  5. Oath.  An oath shall be administered to all persons who testify at the hearing.
  6. Closed Hearings.  The hearing shall be closed, and no information regarding the hearing shall be released until final resolution.
  7. 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.
  8. 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.
  9. 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 adverse witnesses.
  10. Taped 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.
  11. Finding of a Violation.  A finding that the student violated this Code shall require the assent of at least four members of the Hearing Board.
  12. Public 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.
  13. Vote 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 reprimand. 
  14. Notice 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 Board’s decision.
  15. 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.