Student Handbook: Section XIX

Code of Conduct

This Code of Conduct governs the conduct of College of Law students, matriculated or non-matriculated, whether or not currently enrolled in the Collge, with the exception of conduct involving allegations of sexual harassment or sexual misconduct. For those allegations, College of Law students are subject to the university-wide policies, provisions, and procedures available at http://web.iit.edu/student-affairs/handbook/fine-print/sexual-harassment (sexual harassment), at https://web.iit.edu/student-affairs/vawa-save-acts (sexual misconduct), and at https://web.iit.edu/student-affairs/handbook/fine-print/conduct-discipline (disciplinary procedures), which are incorporated herein by reference. All allegations concerning sexual harassment or sexual misconduct will be adjudicated in accordance with these university-wide policies, provisions, and procedures rather than those of this Code of Conduct.

ARTICLE I.  DEFINITIONS

§1-1  Alleged Violator: the student or former student suspected of having violated this Code who is named in the complaint or named by the Prosecutor pursuant to 5-4(d). Whenever the term appears, it also shall refer to the Alleged Violator's chosen representative.

§1-2  Associate Dean: the Associate Dean for the Faculty and Interprofessional Activities.

§1-3  College: IIT Chicago-Kent College of Law.

§1-4  Complainant: the person who filed the complaint that alleges that a violation of this Code has occurred.

§1-5  Dean: The Dean of the College may designate any full-time voting faculty member or the Assistant Dean for Academic Administration and Student Affairs to perform the duties imposed upon the Dean by this Code, in which case "Dean" shall mean the designated individual. In any case in which the Dean is either an interested faculty member, a complainant, or an occurrence witness, the Associate Dean shall perform the duties imposed upon the Dean by this Code. If, in such a case, the Associate Dean is either an interested faculty member, a complainant, or an occurrence witness, the faculty members of the Academic Standards Committee shall elect a disinterested full-time voting member of the faculty to perform the duties imposed upon the Dean by this Code.

§1-6  Inform: When a provision of this Code requires that an individual "inform" another person, the communication may be made in person, by telephone, by letter or any other means.

§1-7  Interested faculty member or administrator: An interested faculty member is a faculty member in whose course the alleged violation of this Code occurred. In legal writing courses, both the section instructor and the Director of Legal Research are interested faculty members. With respect to alleged violations involving functions within the jurisdiction of an administrator, that administrator is an interested faculty member.

§1-8  Law School: Chicago-Kent College of Law.

§1-9  Notify: When a provision of this Code requires an individual to "notify" another person, such notification shall be by certified mail (however, return receipt need not be requested), registered e-mail, and in addition, may be by any other means.

§1-10  Presiding Officer: the Presiding Officer of the Tribunal.

§1-11  Publish: When a provision of this Code requires an individual to "publish" a notice or finding, such publication shall be either in the Record or on the official administration bulletin board or both, but shall not identify the names of the Alleged Violators.

§1-12  Tribunal: the Law School Discipline Tribunal.

ARTICLE II.  PROHIBITED CONDUCT

§2-1  Academic Misconduct

It shall be a violation of this Code for a matriculated or non-matriculated student, whether or not currently enrolled in the College, to engage in or attempt to engage in any of the following conduct, which, unless otherwise stated, must be done knowingly, recklessly, or negligently:

(a) representing, expressly or impliedly, the work of another to be one's own;

(b) giving, obtaining, or soliciting unauthorized assistance or using unauthorized material in the preparation of material to be submitted or presented in a class, law review assignment or competition, moot court assignment or competition, client counseling competition, essay contest which the student is able to enter by virtue of being a law student, or similar activity;

(c) knowingly or recklessly hiding or stealing library material, or withdrawing such books or material from the library without properly charging them out, or defacing such books or material;

(d) violating any rule imposed by the instructor or exam proctor;

(e) identifying himself/herself by name or any other designation or symbol anywhere on the examination questions or answer booklet or disclosing his/her examination number to an instructor, either directly or indirectly, prior to the instructor having reported the grades for the course to the Registrar;

(f) copying; or giving, receiving or soliciting unauthorized assistance or information during an exam;

(g) using unauthorized material during an exam;

(h) obtaining an exam, assignment, answer sheet or similar material in an unauthorized manner or at an unauthorized time;

(i) writing after the exam time has expired;

(j) making material misrepresentations in any submissions to or through the Admissions Office or the Career Services Office or to a potential employer; or 
(k) otherwise seeking to gain an unfair advantage over another student.

§2-2  Nonacademic Misconduct

It shall be a violation of this Code for a matriculated or non-matriculated student, whether or not currently enrolled in the College, to engage in or attempt to engage in any of the following conduct if it (a) affects or threatens to affect another IIT student or a member of the faculty, staff or administration of IIT; or (b) occurs on IIT premises or at a function sponsored by IIT or by an IIT student organization. Unless otherwise stated, such conduct must be done knowingly, recklessly or negligently.

(a) Engaging in dishonest conduct, including cheating, plagiarizing, or knowingly furnishing false information to the university;

(b) Forging, altering, or using university documents, records, or instruments of identification with intent to defraud;

(c) Harassing and/or hazing in all forms, which includes, but is not limited to, striking, laying hands upon, threatening with violence, or offering to do bodily harm to another person, or other treatment of a demeaning, abusive, taunting, or alarming nature;

(d) Intentionally obstructing or disrupting teaching, research, administration, disciplinary proceedings, or other university activities and other authorized activities on IIT's premises;

(e) Physically abusing any person or engaging in conduct that threatens or endangers the health or safety of any such person;

(f) Selling, distributing, manufacturing, using, or possessing illegal drugs;

(g) Possessing or using firearms, fireworks, explosives, or weapons of any description, for any purpose;

(h) Stealing from or damaging university premises, or property of a member of the IIT community on the university premises;

(i) Failing to comply with directions of university officials or engaging in disorderly or abusive conduct toward university officials acting in performance of their duties;

(j) Violating published university regulations, including regulations relating to the use of firearms and alleged copyright infringement under the Digital Millennium Copyright Act (DMCA);

(k) Violating federal, state, or municipal laws on university premises (or in university residence halls) in a way that adversely affects the functioning of the university;

(l) Making false statements to, presenting false evidence to, or failing to comply with a subpoena issued by the Tribunal or otherwise obstructing the administration of this Code.

(m) Sexual harassment and misconduct: College of Law students are subject to the university-wide policies, provisions, and procedures available at http://web.iit.edu/student-affairs/handbook/fine-print/sexual-harassment (sexual harassment), at https://web.iit.edu/student-affairs/vawa-save-acts (sexual misconduct), and at https://web.iit.edu/student-affairs/handbook/fine-print/conduct-discipline (disciplinary procedures), which are incorporated herein by reference. All allegations concerning sexual harassment or sexual misconduct will be adjudicated in accordance with these university-wide policies, provisions, and procedures rather than those of this Code of Conduct.

§2-3  Felony Conviction

Any felony conviction that occurs prior to a student's first admission to the College, if not disclosed on the student's application, or after the student's first admission to the College and prior to the student's graduation from the College shall be a per-se violation of this Code. Upon notification of such a conviction, the Tribunal shall proceed in accordance with §6-4 to determine the appropriate sanction; provided, however, that in the event of an appeal of the felony conviction, the Tribunal may suspend the Alleged Violator from the College pending final determination of the appeal.

ARTICLE III.  LAW SCHOOL DISCIPLINE TRIBUNAL

§3-1  The Law School Discipline Tribunal shall have jurisdiction over all alleged violations of this Code.

§3-2  The Tribunal shall have jurisdiction whether or not the Alleged Violator is currently enrolled in the College. The Tribunal may proceed in the absence of the Alleged Violator who, after due notice, fails to be present or to participate in the proceedings. A finding that the Alleged Violator is guilty of a violation of this Code shall not be based solely on the absence of the Alleged Violator.

§3-3  There shall be two Tribunals convened each year; the Dean shall have the discretion to assign a case to either of the Tribunals. Each Law School Discipline Tribunal shall consist of three members: two faculty and one student. The Dean shall appoint one member of each Tribunal as its Presiding Officer.

§3-4

(a) The faculty members of the Tribunal shall be appointed by the Dean for two-year terms which shall commence on May 1. The terms of the faculty members of each panel shall be staggered. During the first year of this Code, the Dean shall appoint one faculty member to each Tribunal with a one-year term and one faculty member with a two-year term. Once a Charge has been submitted to a Tribunal pursuant to §5-6, the members of that Tribunal shall have jurisdiction over the Charge until its final disposition, notwithstanding the termination of a Tribunal member's term of office.

(b) Only full-time voting members of the faculty may serve on a Tribunal. The Dean and the Associate Dean shall not be eligible to serve on a Tribunal.

(c) If a faculty member of a Tribunal is an interested faculty member, an occurrence witness, or the complainant in a particular case, or if he/she recuses himself/herself, the Dean shall appoint a replacement for him or her for purposes of that case only.

(d) If a faculty vacancy occurs on a Tribunal, the Dean shall appoint a replacement to serve out the unexpired term.

§3-5

(a) The student member of each Tribunal shall be appointed by the Dean from a panel of students selected by the Student Bar Association. The student member shall be appointed for a one-year term which shall commence on May 1.

(b) If the student member of a Tribunal is the complainant, an occurrence witness, or the Alleged Violator in a particular case, or if he/she recuses himself/herself, the Dean shall appoint a replacement for purposes of that case only.

(c) If a complaint alleging a violation of this Code is filed against a student member of a Tribunal, he/she may continue to sit on the Tribunal while the complaint is investigated. Upon a finding of probable cause by the Prosecutor, the student shall be disqualified from sitting on the Tribunal pending resolution of the case. Upon conviction, the student member shall be removed from the Tribunal.

(d) If a student vacancy occurs on a Tribunal, the Dean shall appoint a replacement to serve out the unexpired term.

ARTICLE IV.  GUILTY PLEA

§4-1  An Alleged Violator may at any time admit to the Tribunal his/her violation of this Code. The Tribunal may find the Alleged Violator guilty and proceed in accordance with §6-4. A student may not plead nolo contendere.

ARTICLE V.  PREHEARING PROCEDURES

§5-1  Any person (including a faculty member or administrator) who has a reasonable basis for believing a violation has occurred has an obligation to file a complaint with the Dean. The complaint shall be in writing, signed by the complainant, and shall contain a statement of facts upon which the complaint is based. Any proceeding under this Code shall provide a prompt, fair, and impartial process from the initial investigation to the final result.

§5-2  There shall be no period of limitation for filing complaints, but prejudice resulting from excessive delay may be a defense as set forth in §5-9.


§5-2.5

(a) Upon receiving a complaint based on a Code of Conduct violation, the Dean or Assistant Dean of Students (or designee) may issue a temporary suspension from the College when the allegations against the student are sufficiently serious or alarming so as to reasonably believe, given the academic and/or campus environment, that immediate separation is required to address a risk to the safety of other students, IIT faculty, IIT property or to stop ongoing harassment or intimidation of an IIT faculty member, administrator, or student. Pending a hearing, the Dean, Assistant Dean of Students (or designee) may issue a temporary "no contact" order to the student not to have any contact (written, oral, electronic and/or in-person) with a party who has been the target of the students' conduct. Breach of the no contact order can result in additional Code of Conduct charges.

(b) Any student suspended pending resolution of the Code of Conduct process may seek expedition of the prosecutorial investigation and possible hearing to follow. If a request for expedition is made, the prosecutor should determine within five days whether probable cause exists to convene a Tribunal. If no probable cause exists, the no contact order will be dissolved. If probable cause is determined, the Tribunal shall convene a hearing, if possible, within the succeeding two weeks. The suspended student, upon request, shall be granted access to audiotapes from all classes missed and, if required, other reasonable accommodations shall be made to permit the student to keep up with course work pending resolution of the Honor Code process.

(c) Any amendment to the Code of Conduct, other than redefining conduct giving rise to discipline, shall be effective immediately, notwithstanding §10-5 of the Code.

§5-3

(a) Upon receiving a complaint, the Dean shall appoint a Prosecutor as expeditiously as possible, who shall represent the interest of the law school in the matter. If, during the course of an investigation, the Prosecutor is unable to act, the Dean shall appoint a replacement.

(b) The Prosecutor shall be a full-time voting member of the faculty. The Dean and the Associate Dean shall not be eligible to serve as the Prosecutor.

(c) A faculty member shall not be eligible to serve as the Prosecutor in a case in which he/she is the complainant, an occurrence witness, or an interested faculty member, or if he/she is a member of the Tribunal.

§5-4  Within 10 days after being appointed, the Prosecutor shall:

(a) Inform any interested faculty member or administrator and notify the Alleged Violator of the fact that a complaint has been filed and of the nature of the alleged violation. The written notification to the Alleged Violator shall advise him/her of the following: (1) the right to select any person, subject to the requirements of §5-8, to represent him/her at his/her cost; and (2) the fact that he/she has no obligation to speak to the Prosecutor nor to testify at any hearing before the Tribunal (§6-3(b)).

(b) Publish a notice informing the student body that a violation has been alleged and stating the course or context in which the violation allegedly occurred, the nature of the alleged violation, and the name of the Prosecutor. This notice shall remain posted until the Prosecutor publishes the probable cause finding.

(c) Begin an investigation which shall be completed within 30 days of its commencement, if practicable.

(d) The Prosecutor is not limited to the allegation(s) or the Alleged Violator(s) specified in the complaint. As soon as the investigation focuses on an individual not named in the complaint as one who may have violated this Code in the same transaction as the Alleged Violator, the Prosecutor shall comply with the notice provisions of §5-4(a) and (b). If the Prosecutor discovers a reason to believe that an individual not named in the complaint may have violated this Code in a transaction not related to the one complained of, the Prosecutor shall file a complaint with the Dean pursuant to §5-1.

§5-5

(a) If, after completing the investigation of the complaint, the Prosecutor determines that there exists no probable cause to believe that the conduct alleged to be a violation of this Code has occurred, he/she shall not proceed with the prosecution and shall comply with the notification procedures in §5-5(d). No appeal shall be allowed from this determination.

(b) If, after completing the investigation of the complaint, the Prosecutor determines that the conduct alleged does not, as a matter of law, violate this Code, he/she shall not proceed with the prosecution and shall comply with the notification procedures in §5-5(d). Such a determination may be appealed to the faculty by the complainant or any interested faculty member or administrator. The appeal shall follow the procedures set forth in §5-9(c) and (d).

(c) If at any time prior to a formal finding of probable cause, the Prosecutor determines that any violation that may have occurred is de minimis, or that the prosecution of any violation that may have occurred would not be in the best interests of the law school, the Prosecutor shall have discretion not to proceed with the prosecution. If the Prosecutor decides not to proceed with the prosecution, he/she shall comply with the notification procedures set forth in §5-5(d). The Prosecutor shall have discretion to condition the decision not to prosecute on the student's acceptance of a private or public reprimand. The Prosecutor's decisions may be appealed to the Dean by the complainant or any interested faculty member or administrator by filing a notice of appeal with the Dean within one week of being notified of the Prosecutor's decision.

(d) If the Prosecutor determines that he/she shall not proceed with the prosecution pursuant to §5-5 (a), (b) or (c), no notation shall appear on the student's transcript. The Prosecutor shall, as soon as practicable, notify the Alleged Violator and inform the complainant and any interested faculty member or administrator of this determination, including the reasons for the determination. The Prosecutor shall publish a notice stating that the complaint has been investigated and that the Prosecutor has determined that further proceedings in the matter are not warranted. The published notice shall be dated and shall remain posted for one week while regular classes are in session.

(e) In an instance where the faculty or the Dean has reversed a Prosecutor's decision not to prosecute under this section, the Dean shall appoint a new Prosecutor.

§5-6  If, after completing the investigation of the complaint, the Prosecutor finds that there exists probable cause to believe that a violation of this Code has occurred, or if a new Prosecutor has been appointed pursuant to §5-5(e), the Prosecutor shall:

(a) prepare a Charge for each Alleged Violator setting forth the alleged violations of this Code;

(b) publish a notice informing the student body that the Prosecutor has found probable cause that a violation of this Code has occurred and describing the violation(s) set forth in the Charge. The published notice shall be dated and shall remain posted for one week while regular classes are in session;

(c) notify each Alleged Violator of the finding of probable cause and provide a copy of the Charge against him/her;

(d) inform the complainant and any interested faculty member or administrator of this finding and provide them with a copy of the Charge;

(e) submit the Charge to the Presiding Officer of the Tribunal designated by the Dean; and

(f) prosecute the case before the Tribunal.

§5-7  Upon receiving the Charge, the Presiding Officer shall set a violation hearing on the Charge to begin no earlier than 10 days and no later than 30 days from the receipt of the Charge. The Presiding Officer shall notify the Alleged Violator and inform the Prosecutor, the complainant, and any interested faculty member or administrator of the date of the hearing and the identity of the members of the Tribunal. The hearing shall be concluded as expeditiously as practicable.

§5-8  The Alleged Violator may select any person to represent him/her, except that the Alleged Violator may not select a member of the Tribunal, a prosecutor, or an interested faculty member or administrator to represent him/her. A person, including a faculty member, selected by the Alleged Violator to serve as his/her representative may decline to serve as representative. The Alleged Violator shall bear the costs of his/her representation.

§5-9

(a) The Alleged Violator may file a motion to dismiss the Prosecutor's Charge on the ground that it fails to state a violation of this Code or on the ground that excessive delay in filing the complaint has prejudiced the defense. Such motion shall be filled with the Presiding Officer within one week prior to the date scheduled for the violation hearing.

(b) The Tribunal shall rule on the motion no later than 24 hours before the date scheduled for the violation hearing. If the motion is denied, the hearing shall proceed as scheduled.

(c) If the motion is granted, the Tribunal shall notify the Alleged Violator, publish its decision and inform the Prosecutor, complainant, and any interested faculty member or administrator. The Prosecutor, complainant, interested faculty member or administrator may appeal the decision to the faculty by filing a notice of appeal with the Dean within one week of the notification of the Tribunal's decision. The Dean shall place the appeal on the agenda of the next regularly scheduled faculty meeting. If the notice of appeal is filed with the Dean after the last regularly scheduled faculty meeting of the academic year, the Dean may call a special meeting of the faculty for the purpose of hearing the appeal. The appellant may file a brief no later than one week before the faculty meeting. The appellee may file a brief no later than three days before the faculty meeting. If the date of the next regularly scheduled faculty meeting is within 7 days after the notice of appeal is filed, upon the request of either party, the appeal shall be postponed to the meeting following the next regularly scheduled faculty meeting.

(d) The appeal shall be considered by all full-time voting faculty members in attendance at the faculty meeting, except the Prosecutor, interested faculty member, and complainant (if a faculty member). There shall be no oral argument. The Dean shall publish the faculty's ruling and notify the Alleged Violator and inform the Prosecutor, complainant, and any interested faculty member or administrator of the ruling.

§5-10

(a) The members of the Tribunal shall be subject to challenge for cause by either the Alleged Violator or the Prosecutor.

(b) A motion challenging a member for cause shall be filed with the Dean no later than one week prior to the date scheduled for the hearing on the complaint.

(c) If the Dean concludes that the challenged member of the Tribunal is disqualified for cause, or if a member of the Tribunal recuses himself/herself, the Dean shall appoint a replacement for the purpose of that case only.

§5-11

(a) The Prosecutor shall provide the Alleged Violator and the Presiding Officer with a list of witnesses and copies of all relevant documents. An initial list of witnesses and copies of documents shall be provided at the time the Prosecutor notifies the Alleged Violator of the probable cause finding. The list shall be updated and copies of additional documents shall be provided as soon as additional witnesses or documents become known to the Prosecutor.

(b) The Alleged Violator shall provide the Prosecutor and the Presiding Officer with a list and copies of documents, and a statement of the defense no later than one week prior to the scheduled hearing date. The list shall be updated and copies of additional documents shall be provided as soon as additional witnesses or documents become known to the Alleged Violator.

(c) The above subsections shall not apply to witnesses called in rebuttal or surrebuttal.

ARTICLE VI.  HEARING PROCEDURES

§6-1  The proceedings and deliberations of the Tribunal shall not be open to the public, the student body, or the faculty at large. Any alleged victim has the same right to have others present during Tribunal hearings as the Alleged Violator has, including the opportunity to be accompanied by an advisor of his/her choice. This includes alleged victims in proceedings brought under §2-2(c) (harassing and/or hazing), §2-2(e) (physically abusing another or engaging in conduct that threatens or endangers another), and §2-2(m) (sexual misconduct). The Tribunal shall conduct itself consistently with applicable policies, and in a manner that is transparent to all parties. The Tribunal shall be composed of members who do not have a conflict of interest or bias for or against the accuser or the accused.

§6-2  A court reporter shall be in attendance at all hearings of the Tribunal.

§6-3  The violation hearing before the Tribunal shall be governed by the following rules of procedure:

(a) Both the Prosecutor and the Alleged Violator shall be given the opportunity to make a brief opening statement; the Alleged Violator may reserve the opening statement until the conclusion of the Prosecutor's case-in-chief.

(b) Witnesses, including the Alleged Violator, may be called and evidentiary matter offered by the Prosecutor, the Alleged Violator, and the Tribunal. However the Alleged Violator has no obligation to testify.

(c) The Tribunal shall have the right to call and to question any witnesses.

(d) The Presiding Officer shall issue a subpoena to appear and/or to produce documents upon the request of the Prosecutor, the Alleged Violator, or upon the motion of any member of the Tribunal. Subpoenaed witnesses may move to quash the subpoena for cause.

(e) Upon request of either the Prosecutor or the Alleged Violator, or upon its own motion, the Tribunal may provide for exclusion of witnesses.

(f) The Prosecutor and the Alleged Violator may challenge the admissibility of evidence for any reason. Evidentiary rulings shall be made by the Presiding Officer and his/her rulings shall govern unless overruled by a majority of the Tribunal. The Tribunal shall exercise discretion in admitting evidence and need not be bound by the formal rules of evidence.

(g) The Prosecutor and the Alleged Violator each shall have the right to cross-examine witnesses called by the other.

(h) The Prosecutor and the Alleged Violator each shall have the right to make closing arguments.

(i) Except for cases brought under §2-2(m), the burden of proof shall be on the Prosecutor to prove by clear and convincing evidence that the Alleged Violator committed a violation of this Code. For cases brought under §2-2(m), the burden of proof shall be on the Prosecutor to prove by a preponderance of the evidence that the Alleged Violator committed a violation of this Code.

(j) Whenever reasonably possible, the Tribunal shall begin deliberations immediately following the close of the hearing. The decision shall be made solely upon the evidence presented. A finding of "guilty" must be concurred in by at least two members of the Tribunal. The Tribunal shall issue written findings of fact and conclusions of "guilty" or "not guilty" as soon as practicable. Concurring and dissenting opinions may also be issued. The Presiding Officer shall notify the Alleged Violator and inform the Prosecutor, the complainant and any interested faculty member or administrator of the findings and opinions. If the Tribunal finds the Alleged Violator "not guilty," the Tribunal shall publish its finding. The published notice shall be dated and shall remain posted for one week while regular classes are in session.

(k) In cases involving an alleged victim, the Tribunal shall provide the accuser, the accused, and appropriate officials timely and equal access to any information that will be used during informal and formal disciplinary meetings and hearings.

§6-4  If the Tribunal finds the Alleged Violator "guilty," the Presiding Officer shall set a penalty hearing to occur no later than one week after the issuance of the written findings. The Presiding Officer shall notify the Alleged Violator, the Prosecutor, the complainant and any interested faculty member or administrator of the date of the hearing. At the hearing, the Prosecutor may present evidence in aggravation and the Convicted Violator may present evidence in mitigation. The complainant, the prosecutor, any interested faculty member or administrator and the Convicted Violator shall be given the opportunity to address the Tribunal.

§6-5

(a) The Tribunal, by a majority vote, may impose any one or more of the following sanctions:

(1) expulsion from the College;

(2) suspension from the College for a specified period of time;

(3) a grade "E" in the course in which the violation occurred;

(4) loss of credit for the course in which the violation occurred;

(5) a grade of Incomplete in the course in which the violation occurred;

(6) cancellation of the work done; or

(7) any other sanction, or any variation of the above sanctions, deemed appropriate by the Tribunal.

(b) Whenever a student is convicted of violating this Code, a notation to that effect shall be made on the individual's transcript. However, if the Tribunal unanimously determines that the interests of justice so require, the Tribunal may suspend the entry of said notation on conditions it deems appropriate. Whether or not the violation is noted on the transcript, it will be reported to appropriate licensing authorities.

§6-6  Following imposition of sanctions, the Tribunal shall notify the Convicted Violator, inform the Prosecutor and publish findings of fact and conclusions of law and the sanctions imposed, provided however that if the full opinion in the case exceeds five pages in length, the Tribunal shall publish only a summary thereof, not to exceed five pages, which will include a statement that the full opinion is on file with the Associate Dean. The published notice shall be dated and shall remain posted for one week while regular classes are in session.

§6-7  In cases involving an alleged victim, the Tribunal shall notify, at the same time and in writing, the Alleged Violator or Convicted Violator and the alleged victim of (a) any Tribunal finding or action, (b) the procedures applicable to any appeal of such finding or action, (c) any change to the results of the proceeding due to any appeal, and (d) when the results have become final. This includes alleged victims in proceedings brought under §2-2(c) (harassing and/or hazing), §2-2(e) (physically abusing another or engaging in conduct that threatens or endangers another), and §2-2(m) (sexual misconduct).ARTICLE VII. APPEAL

ARTICLE VII.  APPEAL

§7-1

(a) The Convicted Violator shall have the right to appeal the conviction to the faculty. All matters are appealable by the Convicted Violator except findings of fact. Notice of such appeal must be filed with the Dean not later than ten days after the notification of sanctions has been mailed.

(b) The Prosecutor may appeal the sanctions imposed on the Convicted Violator by filing a notice of appeal with the Dean not later than ten days after notification of sanctions has been mailed.

§7-2

(a) Upon filing a notice of appeal under §7-1, the appellant shall have 21 days within which to file a written brief with the Dean. The appellee shall have 14 days to file a response.

(b) Upon receipt of timely filed briefs, the Dean shall place the appeal on the agenda for the next regularly scheduled faculty meeting. If the briefs are received after the last regular faculty meeting of the academic year, the Dean may call a special meeting of the faculty for the purpose of hearing the appeal.

§7-3

(a) When an appeal is being considered, only full-time members of the faculty shall be present.

(b) Upon written request to the Dean no later than one week before the faculty meeting, the parties shall be afforded an opportunity for oral argument to the faculty. If the date of the faculty meeting makes the one week time period impossible to comply with, the request for oral argument shall be made as soon as possible.

(c) The members of the Tribunal, the Prosecutor, and all other faculty members otherwise involved in the proceeding before the Tribunal except those whose involvement was limited to being a character witness, shall be disqualified from sitting on the appeal. Such faculty members may be present during oral argument but shall absent themselves immediately thereafter.

§7-4  When the faculty has decided an appeal, the Dean shall notify the convicted student and inform the interested faculty member or administrator of the faculty's decision, and shall publish the result of the appeal.

ARTICLE VIII.  MAINTENANCE OF RECORDS

§8-1  The Dean shall preserve and retain the records, including the complaint, the Charge and the record of proceedings before the Tribunal, in all cases. They shall be kept in a separate and confidential file. The records of any Alleged Violator not convicted of a violation shall not be released without the consent of the Alleged Violator.

ARTICLE IX.  EXCLUSIVITY OF THIS CODE

§9-1  A faculty member shall not decrease a student's grade because of an alleged violation of this Code if the student has been found not guilty by the Tribunal, or if the Charge against the student has been dismissed for failure to state an offense, and either that dismissal has been affirmed on appeal by the faculty or the time for filing an appeal has expired and no appeal has been filed.

§9-2  If the alleged violation occurred in a course, the instructor may not report a grade to the Registrar until the Code of Conduct proceedings are concluded. If the grade has already been reported to the Registrar, the Registrar shall not record the grade until the proceedings are concluded. If the Tribunal lowers a violator's grade as one of the sanctions, the Registrar must record the grade determined by the Tribunal.

§9-3

(a) There shall be no plea bargaining between an interested faculty member or administrator and a student or a former student whom the faculty member or administrator believes violated this Code.

(b) There may be plea bargaining between an Alleged Violator and the Prosecutor, in consultation with the Assistant Dean for Academic Administration and Student Affairs. A plea bargaining agreement will be sent to the complainant and any interested faculty member or administrator. The complainant or any interested faculty member or administrator may appeal the agreement to the Dean by filing a notice of appeal with the Dean within one week of being notified of the plea bargaining agreement.

ARTICLE X.  EFFECTIVE DATE; REPEAL; SAVINGS; AMENDMENTS

§10-1  This Code became effective on May 30, 1989, and applies to all conduct occurring on or after that date.

§10-2  The Ethics Code previously in effect was on May 30, 1989.

§10-3  Notwithstanding the repeal provided for in §10-2:

(a) any violation of the provisions of the Ethics Code committed before May 30, 1989, was prosecuted and punished in accordance with the provisions of the Ethics Code previously in effect.

(b) any proceedings under the former Ethics Code pending on the effective date of this Code of Conduct was conducted in accordance with the provisions of that Ethics Code.

§10-4  Upon approval by the faculty, copies of this Code shall be distributed to the student body in the same manner as the Record is distributed. This Code shall be published in the next edition of the Student Handbook and in each subsequent edition.

§10-5

(a) This Code may be amended upon the affirmative vote of a majority of the faculty. The amendment shall apply to all conduct occurring after the date of the amendment.

(b) Prior to a vote by the faculty to amend this Code, the proposed amendment shall be distributed to the student body in the same manner as the Record is distributed, with adequate time for student comment.

(c) Upon faculty approval of an amendment, copies of the amendment shall be distributed to the student body in the same manner as the Record is distributed. The Code, as amended, shall be published in the next edition of the Student Handbook and in each subsequent edition.