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Policies and Procedures

Conduct and Responsibility

Conduct and Responsibility

Policies topic: Code of Student Conduct and Responsibility

Definition of Rights and Responsibilities

A. The Law School’s Code of Student Conduct and Responsibility prohibits conduct that is contrary to accepted principles of academic honesty and student conduct, as defined in I.B., infra.

Membership in this community imposes both an obligation to comply with its rules and the responsibility to assist in their enforcement. To that end, each student should report to the Dean or the Dean’s designated representative evidence of any alleged violations of the Code of which the student has credible information or knowledge.

B. It shall constitute a violation of this Code for any student enrolled in the Law School purposefully, knowingly, or recklessly to engage in the following conduct:

  1. 1. The giving or taking of unfair advantage in fulfilling academic requirements. Such advantage need not be shown to adversely affect other students. Taking unfair advantage includes, but is not limited to:
    1. giving or securing information about an examination except as explicitly authorized by the examining professor;
    2. consulting or copying from any source during an examination, not authorized by the examining professor;
    3. failure to stop writing an examination when the time allotted for writing the examination has elapsed.
  2. The hiding or mutilating of any materials of the library.
  3. The submission of plagiarized work in an academic pursuit including any use of another’s work without attribution, whether such use be verbatim or merely conceptual or structural.
  4. The submission of work for academic credit, or in fulfillment of a requirement, where that work duplicates, in whole or in substantial part, work for which one has received, or is currently seeking, academic credit at this Law School or at another academic institution, without prior written disclosure to and approval of the faculty member.
  5. The submission of work for academic credit, or in fulfillment of a requirement, where that work has been performed, or is being performed, in whole or in substantial part, in the context of a paid or unpaid employment setting, without prior disclosure to and approval of the faculty member.
  6. The violation of any rule, regulation, or order duly promulgated by the Faculty, Dean, Assistant or Associate Dean of the Law School or any other duly authorized rule making body of the University, including all Schools within the University.
  7. Serious and unreasonable disruption of the normal and orderly administration of Law School or other University activities or functions.
  8. Any action of such a serious character as to raise questions of the fitness of the actor to remain a member of the Law School community. Such action may include:
    1. acts of violence, intimidation or reckless endangerment of persons;
    2. b. conduct in violation of the University’s Sexual or other Harassment Policies;
    3. falsification of credentials;
    4. fraud or dishonesty;
    5. violation of any valid criminal statute, excluding summary offenses.
  9. Notwithstanding the provisions of I.B., supra,
    1. Conduct protected by the University’s Guidelines on Open Expression or any other University code of conduct shall not be subject to discipline under this Code.
    2. The rights of students enrolled at the Law School to free speech, peaceable assembly and petition shall not be abridged by any representative of the Law School or by any Law School action.
  10. The authority of the Placement Office and of the faculty (with respect to their classes) to regulate conduct shall remain unaffected.
  11. The provisions of this Code shall govern disciplinary action against any student enrolled at the Law School, including students pursuing advanced degrees.
  12. The provisions of this Code may be invoked as to a student’s conduct which takes place on or affects University property, or which interferes with or reflects adversely upon the academic or other functions of the Law School.

Policy on Plagiarism

Section I.B.3. of the Law School’s Code of Student Conduct and Responsibility, found above, states that conduct which violates the Code includes “(t)he submission of plagiarized work in an academic pursuit including any use of another’s work without attribution, whether such use be verbatim or merely conceptual or structural.”

One is guilty of plagiarism if one intentionally, knowingly, or recklessly uses another’s words or ideas without attribution in written work submitted in satisfaction, or partial satisfaction, of academic or co‑curricular requirements, or in any other writings done under the auspices of the Law School. The rule against plagiarism is intended to prevent theft of another’s ideas or language by representation that they are one’s own.

Unless explicitly exempted from the attribution requirement, every writing assignment in the Law School requires attribution of ideas or language which are not the original contribution of the student submitting the written work. Since a student may at times be unsure whether the extent to which his or her reliance on another’s work without use of the same terminology requires attribution, a student is required to list all sources, consulted during the research or writing process, whose ideas may be reflected in the concepts or structure of the student’s written work.

Attribution of use of another’s ideas or language is not required when:

a) there is an explicit exemption of the attribution requirement by the person assigning the written work, or

b) the student is writing an examination. This examination exception does not apply to papers or take‑away examinations unless there is an explicit elimination of the attribution requirement under (a) above.

Jurisdiction

  1. The provisions of this Code shall govern disciplinary action against any student enrolled at the Law School, including students pursuing advanced degrees.
  2. The provisions of this Code may be invoked as to a student’s conduct which takes place on or affects University property, or which interferes with or reflects adversely upon the academic or other functions of the Law School.

Disciplinary Proceedings

  1. All complaints of alleged misconduct committed by any student enrolled at the Law School shall be lodged with the Dean of the Law School or with a representative the Dean may designate. Within a reasonable period of time after receiving the complaint and after a reasonable investigation, the Dean or Dean’s designated representative shall make a judgment as to whether action on the complaint is appropriate. (Faculty Minutes, February 10, 2020).
  2. If, in the judgment of the Dean or the Dean’s designated representative, the complaint of student misconduct does not warrant any action, no record of the complaint shall be entered in the official file of the student.
  3. If, in the judgment of the Dean or the Dean’s designated representative, a complaint of misconduct warrants action of a disciplinary nature, he or she shall hold a conference with the accused student. Notice of the conference shall include a warning that anything he or she may choose to say may be used in subsequent proceedings and that he or she is entitled to representation at the conference.
  4. After such conference or a failure by the student to appear, the Dean or Dean’s representative shall either:
  5. Make an informal and final disposition of the case, which may not include any disciplinary sanction more severe than an oral warning or reprimand of which no record is made in the student’s file; or
  6. File charges against the student with the Law School Committee on Student Conduct and Responsibility; or
  7. File charges, accompanied by a proposed disposition by consent with the Law School Committee on Student Conduct and Responsibility.
  8. If the Dean or Dean’s representative files charges against a student with the Committee on Student Conduct and Responsibility, the Dean or Dean’s representative shall at the same time provide the student with a copy of such charges

V. Interlocutory Orders

  1. Pending final action on a disciplinary charge, the status of a student shall not be altered or his or her right to be present on Law School premises and to attend classes be suspended, unless suspension of the student is required for compelling reasons related to the student’s physical or emotional health or safety or to protection of the physical order or safety of the Law School community.
  2. The Dean may withhold the degree of a graduating student where the timing of the filing of a disciplinary charge is such that the matter cannot be finally resolved before the scheduled graduation.
  3. Determination that a student’s suspension is required by paragraph A shall be made by the Law School Committee on Student Conduct and Responsibility. In the event that the Dean determines that a student’s suspension is required by paragraph A before the Committee on Student Conduct and Responsibility can convene, the Dean may issue an order of suspension which shall be effective until after the first meeting of the Committee on Student Conduct and Responsibility regarding the charges filed.
  4. After the Dean or the Dean’s representative has filed charges against a student with the Committee on Student Conduct and Responsibility, in the event that the Committee determines that there is probable cause to believe that a disciplinary sanction greater than a reprimand is appropriate, the Committee may issue an order delaying granting of the accused student’s degree until after final resolution of the charges pending against the student.

VI. Disposition by Consent

  1. If the accused student and the Dean or Dean’s representative agree on a disposition of the charges involving any disciplinary sanction more severe than an oral warning or reprimand, the Dean or Dean’s representative shall file both the charges and the proposed consensual disposition with the Law School Committee on Student Conduct and Responsibility.
  2. The Committee shall accept the proposed disposition as final unless the disposition is prejudicial to the welfare of the Law School, unduly deprecates the severity of the offense charged or punishes the student excessively for the offense charged. If a majority of the Committee accepts the proposed disposition, that disposition shall be given effect as a final disposition of the case. If a majority of the Committee votes against accepting the proposed disposition, the Dean or Dean’s representative may proceed under either IV.D.(1) or (2).
  3. The Dean or Dean’s representative may file a proposed consensual disposition at any point before final judgment of the Committee.
  4. A student against whom charges have been filed with the Committee on Student Conduct and Responsibility shall be informed in writing of the reasons for the charges with sufficient particularity and in sufficient time to ensure the opportunity to prepare for any proceedings under this Code.
  5. Notice to the student before an adversary hearing shall include:
    1. The text of any rule, regulation or order alleged to have been violated;
    2. The charges filed by the Dean or the Dean’s representative;
    3. A detailed summary of the allegations upon which the charges are based;
  6. A list of the witnesses (including names and addresses) intended to be called by the prosecution, to be supplemented by a list of any further witnesses as the witnesses become known;
  7. A copy of the Code of Student Conduct and Responsibility;
  8. A statement that the student may be assisted by counsel and/or advisers of his or her choice.

VIII. Counsel

  1. An accused student has the right to be assisted at all stages of the proceedings by advisers or counsel of his or her choice.
  2. The Dean may proceed in any hearings by the Dean’s representative, a faculty member or outside counsel. It is anticipated that the Dean’s representative will normally not prosecute the formal proceedings.

IX. Scheduling

Before commencement of any hearings, the chair of the Committee on Student Conduct and Responsibility shall consult with the Dean or Dean’s counsel [hereinafter, Dean’s counsel] and with the accused student and student’s counsel, if any, to establish a schedule for the presentation of witnesses and evidence. Witnesses not scheduled for presentation before the commencement of the hearing shall be heard only for good cause upon affirmative vote of a majority of the Committee.

X. Hearing Procedure

  1. All hearings shall be held in the Law School and shall be private. All information obtained and all proceedings under this Code shall remain confidential unless (1) specifically ordered to be disclosed pursuant to this Code, or (2) subject to the valid request of the Bar Examiners of any jurisdictions. Counsel may appear and be heard representing any accused student.
  2. On a showing of substantial and specific bias, and by a majority vote of the remaining Committee members, a Committee member shall be disqualified from sitting at the proceeding. In no event shall a faculty member sit on the Committee on Student Conduct and Responsibility where the alleged infraction occurred in that faculty member’s class.
  3. The burden of proving the charge by clear and convincing evidence shall be upon the prosecution. The failure of an accused student to appear, or to present evidence, shall not relieve the prosecution of the burden of proof.
  4. The rules of evidence applicable in courts of law shall not be binding before the Committee, but may be consulted by the Committee at its discretion. Evidentiary and procedural rulings shall be made initially by the chair of the Committee, subject to reversal by a Committee majority.
  5. In no case shall the Committee hear evidence unless the accused student has been advised of its source and content. The Committee shall not call witnesses, or otherwise order the introduction of evidence not produced by a party. The accused student shall be given an opportunity to rebut unfavorable inferences which otherwise might be drawn with respect to any evidence admitted.
  6. Normally, no testimony shall be considered where the opposing party has not been afforded the right of confrontation, and reasonable cross‑examination. If a witness is unavailable, the Committee shall determine whether or not in the interests of fairness the evidence of such witness shall be admitted.
  7. The Committee shall consider no evidence except that admitted at the hearing, except that in its discretion, the Committee may call for the presentation of additional evidence with respect to sentencing.
  8. The Committee shall provide for a verbatim record, such as a tape recording of all hearings, which shall be available, together with copies of all exhibits admitted, to the accused student and prosecution.
  9. After the close of evidence, the parties may, but need not, submit proposed findings of fact to the Committee.

XI. Judgment

  1. No finding of guilt may be made except upon the concurrence of at least four (4) members of the Committee.
  2. If the Committee’s decision is adverse to the student, the decision shall be supported by a written opinion, which includes a summary of the evidence presented at the hearing, the Committee’s findings of fact on any disputed issues, the bases for the Committee’s determination that the student has engaged in prohibited conduct, and the bases for the particular punishment imposed by the Committee.
  3. The Committee’s judgment and opinion shall be served in person or by registered mail upon the accused student.

XII. Punishment and Publication

  1. For each act of misconduct in violation of the Code of Student Conduct and Responsibility, a student may be punished by any regulation of the offending student’s connection with the University. Possible punishments include, but are not limited to warning, reprimand, probation, exclusion from one or more specified Law School activities, deprivation of credit, suspension or expulsion. Punishment shall be determined by a majority vote of the Committee.
  2. If necessary to redress the misconduct, the Committee may require notification of the judgment of the Committee be provided to parties who have been subject to the misconduct.
  3. Upon a finding of guilt, the Committee may order that any part of the proceedings, including the judgment and opinion, be entered in the student’s official Law School file. The judgment and opinion may be shared with appropriate Law School faculty and administrators, and, in accordance with applicable law, the judgment and opinion may be disseminated to bar examiners, employers, and other supervisors of legal work. A statement summarizing the nature of the misconduct and its punishment shall be published upon final judgment without identifying the accused student, except where, for good cause stated in a report to the Committee on Student Conduct and Responsibility, the Dean or Dean’s representative decides to delay said publication. If the finding is “not guilty,” no record shall be made in the official file of the student of the charge or the proceedings related to it. (Faculty Minutes, February 10, 2020).
  4. Punishment must bear a reasonable relationship to the severity of the misconduct found to have occurred in light of aggravating and mitigating circumstances. In sentencing, the Committee may take account of an offending student’s record of prior misconduct or the absence thereof, as well as the student’s veracity and cooperation or absence thereof during the Committee hearings.

XIII. Appeals Panel

The Appeals Panel shall consist of three faculty members appointed annually in accordance with the normal method of appointment to faculty standing committees.

XIV. Appeals

A. The decision of the Committee on Student Conduct and Responsibility shall be final unless the accused student or prosecution serves a written appeal within 15 days from the date of service of the Committee’s judgment and opinion. The appeal should state the grounds upon which it is claimed that the judgment or sentence below was improper. The prosecution may appeal only where the charge against the student has been sustained by the Committee and the prosecution seeks review of the sanction imposed. An appeal by the student shall be lodged with the Dean; an appeal by the prosecution shall be served in person or by registered mail upon the accused student.

B. The Appeals Panel shall determine the appeal on the basis of the record made at the Committee hearing. It shall reverse the judgment of the Committee only if that judgment is clearly erroneous, and shall not disturb findings of fact based on credibility, demeanor of witnesses and other matters of which the fact‑finders have first hand exposure.

For good cause shown, the Appeals Panel may reduce or increase the punishment imposed by the Committee on Student Conduct and Responsibility, subject to the provisions of Section XIV.A. Either party may submit a brief and the Appeals Panel may, but need not, direct either the submission of written briefs or oral argument beyond the statement of appeal and oral argument before the Panel. It shall not admit or hear evidence beyond that admitted by the Committee.

C. The Appeals Panel shall act by majority vote, and need not issue an opinion unless it reverses or modifies the determination of the Committee.

D. If the sanction approved by the Appeals Panel includes a suspension or expulsion, the student may appeal to the faculty. An appeal to the faculty must be filed with the Dean within 15 days of the decision of the Appeals Panel. The appeal shall state the reasons the student believes he/she has been aggrieved.

Upon the filing of the appeal, the Appeals Panel shall prepare an opinion in support of its judgment and shall submit said opinion to the student and the faculty within 20 days of the date the appeal is filed. The student may present written argument in support of the appeal, but shall have no right to appear personally or by counsel before the faculty. The faculty, in its discretion, may permit such appearance.

The faculty shall decide the appeal on the basis of the record (including the opinion of the Appeals Panel) and shall have the power to affirm or reduce the sanction that was approved by the Appeals Panel. The faculty shall give due deference to the fact‑findings of the Committee on Student Conduct and Responsibility.

Committee on Student Conduct and Responsibility

  1. The Law School Committee on Student Conduct and Responsibility shall consist of two faculty members and three students. There shall also be a first and second alternate faculty member and a first, second, and third alternate student member who shall be available to sit as part of the Committee in the event that a regular member of the Committee is unable to serve on a particular matter.
  2. The faculty members of the Committee and alternates shall be appointed annually in accordance with the normal method of appointment to faculty standing committees.
  3. Each incoming JD class shall elect one member and one alternate. Each member and alternate shall serve for a term of three years, subject to removal by a two‑thirds vote of the Council of Student Representatives. Each incoming LLM class shall elect one alternate, who shall serve for a term of one year.
  4. In the event that a faculty standing Committee member and both alternates are unable to serve, the faculty shall appoint a temporary Committee member. In the event that a student standing Committee member and all alternates are unable to serve, the Counsel of Student Representatives shall appoint a temporary Committee member. In no event shall the Committee sit with fewer than two faculty members and three students present.
  5. In the event that a member of the Committee is unable to participate after a hearing has commenced, an alternate shall be substituted. This substitute member shall listen to the tapes of the proceedings that transpired prior to his/her participation and shall serve as a full member of the Committee.
  6. The members of the Committee shall choose a chair from among the faculty members.

University Policies & Procedures

The University of Pennsylvania has a variety of policies and procedures with which, as members of the University community, Penn Law students must comply. These Policies and Procedures are collected annually and posted to the University’s web site at: https://catalog.upenn.edu/pennbook/

Penn Law students are asked specifically to familiarize themselves with the responsibilities of these policies, which include:

The Code of Academic Integrity
The Guidelines on Open Expression
The University of Pennsylvania Student Disciplinary System
The Non-Discrimination Policy
The Affirmative Action Policy
The Sexual Violence Policy
The Policy on Privacy in the Electronic Environment
The Sexual Harassment Policy