Title: University of Florida regulations : student affairs
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Title: University of Florida regulations : student affairs
Series Title: University of Florida regulations : student affairs
Physical Description: Serial
Language: English
Creator: Office of the Vice President and General Counsel, University of Florida
Publisher: Office of the Vice President and General Counsel
Place of Publication: Gainesville, Fla.
Publication Date: October 27, 2005
 Record Information
Bibliographic ID: UF00089352
Volume ID: VID00022
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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NOTICE OF PROPOSED REGULATION


Date: October 27, 2005

REGULATION TITLE: REGULATION NO.:
The Levin College of Law Honor System 6C1-4.0212

SUMMARY: The proposed regulation is a substantial revision of the College of Law Honor
System. The proposed regulation incorporates new definitions and procedures, including
updated adjudication and sanctioning guidelines, and also incorporates violations from the
Student Honor Code, regulation 6C1-4.017, as applicable to the College of Law Honor System.

AUTHORITY: BOG Resolution dated January 7, 2003

COMMENTS CONCERNING THE PROPOSED REGULATION SHOULD BE
SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE TO THE
CONTACT PERSON IDENTIFIED BELOW. The comments must identify the regulation
you are commenting on.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED REGULATION
IS: Rebecca J. Holt, Executive Secretary, 123 Tigert Hall, Post Office Box 113125, University
of Florida, Gainesville, Florida 32611, 352-392-1358 office, 352-392-4387 facsimile,
regulations@ufl.edu.

NAME OF PERSON WHO APPROVED THE PROPOSED REGULATION: Dr. Patricia
Telles-Irvin

THE FULL TEXT OF THE PROPOSED REGULATION IS ATTACHED TO THIS
NOTICE.









REGULATIONSRPJLES OF

UNIVERSITY OF FLORIDA

Substantial rewording of Regulation 6C1-4.0212 follows.

6C1-4.0212 Student Affairs: The Levin College of Law Honor System.

(1) STATEMENT OF PHILOSOPHY AND DEFINITIONS.

(a) The University of Florida College of Law Honor System (hereinafter "Honor

Code"), a part of the University of Florida Student Honor Code, represents a commitment by

students to adhere to the highest degree of ethical integrity. Each student who joins the College

of Law community is assumed to be trustworthy unless and until proven otherwise.

(b) Students at the College of Law benefit from the Honor Code because teaching and

learning flourish best in an environment where mutual trust and respect form the bedrock of

relationships within the community. The Honor Code helps create a community in which

students can maximize their intellectual and academic potential.

(c) The Honor Code reminds all members of the law school community that success

obtained through dishonest means is no success at all. Moreover, attendance at the College of

Law is every student's first step in becoming a member of the legal profession. Essential to the

well being of the legal profession is the presence of a sense of honor and ethical integrity among

its members. The Honor Code is therefore an integral part of proper and complete professional

training.

(d) The Honor Code furthers the goal of the College of Law to serve the public and

the profession by producing attorneys dedicated to promoting justice, excellence, and respect for

the law. The success of the Honor Code depends upon the diligence with which members of the









College of Law community ensure that they, as well as others, uphold the letter and spirit of the

Honor Code.

(e) The Honor Code at the University of Florida College of Law addresses seven

main issues: Violations of the Honor Code, the Honor Committee, Honor Code Proceedings,

Sanctioning Guidelines, Review and Imposition of Sanctions; Review of the Hearing Process;

and Final Appeal by Student to the University of Florida Office of the Vice-President for Student

Affairs.

(f) Definitions.

As used in the Honor Code, the following words have the following meanings:

1. "Academic Activity" shall mean: [i] any assigned work or project used to

determine academic credit, including (but not limited to) an examination, writing project, take-

home test, or other project; or [ii] any competition, activity, or project sponsored or sanctioned

by the University in which the student participates for the purpose of gaining an academic

advantage.

2. "Academic advantage" shall mean [i]any potential benefit to a student's

academic or professional standing or to the student's prestige within the University community,

including (but not limited to) academic credit or honors, or an award or other recognition of

excellence in a particular academic or professional field or endeavor (including selection for

membership in an organization related to the field or profession); or [ii] or a waiver, extension,

release, or excuse from academic requirements, sanctions, or penalties.

3. "Accusation" shall mean a report of an alleged violation which has been

determined to fall within the scope of the Honor Code and which merits further action by the

Honor Committee.









4. "Appropriate Sanction" shall mean a sanction or combination of sanctions that is

specifically designed to be appropriate to a specific violation of the Honor Code according to the

guidelines of Section (5).

5. "Bad Faith" shall mean reckless or careless indifference to the truth or falsity of a

statement.

6. "Chair" shall mean the Chairperson of the Honor Committee or, if the Chair is

unable to act, the Vice-Chair and the Secretary in succession.

7. "Faculty Advisor" shall mean the faculty representative appointed by the Dean to

serve on the Honor Committee.

8. "Faculty Member" shall mean a person engaged in teaching a course at the

College of Law and includes an adjunct faculty member.

9. "Full Restitution" shall mean compensation to the University for the actual cost of

repair or replacement of damaged property or for other monetary loss caused by the student's

violation of the Honor Code.

10. "Honor Code Proceeding" shall mean a proceeding governed by the Honor Code,

and includes a review pursuant to Section (6).

11. "Honor Code Violation" shall mean prohibited conduct as defined in 6C1-4.017.

12. "Honor Committee" shall mean the committee of individuals who administer the

Honor Code as defined in Section (3).

13. "Material" shall mean any material related to a specific academic or co-curricular

activity (including, but not limited to, course notes, textbooks, treatises, course packets, briefs,

annotated statutes, or articles in a review or journal) whether published or unpublished and









whether authored by a student or another person and includes academic material available only

in digital format or through the internet.

14. "Procedure Manual" shall mean the documents consisting of the administrative

and procedural regulations promulgated by the Honor Committee.

15. "Reported violation" shall mean an unproven allegation of misconduct received

by the Honor Committee or the College of Law.

16. "Resource" shall mean any device or technology providing access to information,

including (but not limited to) a device such as a computer, computer program, radio, video or

audio recording device, calculator or communication device; or any document or publication

providing information, including (but not limited to) a printed or electronic publication or

website.

17. "Review Board" shall mean the group of individuals charged with reviewing

certain actions of the Honor Committee as described in Section (6).

18. Representation" shall mean any written or oral statement or any act by a

student signifying a response in circumstances in which a response is expected or required.

19. "Student" or "Students" shall mean a student at the College of Law.

(2) VIOLATIONS OF THE HONOR CODE AND SANCTIONS.

(a) Conduct Prohibited by the Honor Code. Students are prohibited from engaging in

conduct that violates the Academic Honesty Guidelines (6C1-4.017). Actions identified in the

Academic Honesty Guidelines are violations of the Honor Code.

(b) Consequences of Honor Code Violation. The following shall be consequences of

an Honor Code violation:









1. Imposition of Sanctions. If a student is adjudicated responsible for a violation of

the Honor Code or accepts responsibility for a violation, the student becomes subject to the

sanctions authorized by 6C1-4.016(3).

2. Bar Notification. If a student is adjudicated responsible for an Honor Code

violation or accepts responsibility for a violation, the College of Law shall provide this

information to any state or federal bar to which the College of Law becomes aware that the

student has applied.

3. Flagging of Student's Records. If a student adjudicated responsible for an Honor

Code violation or accepts responsibility for a violation, College of Law Student Affairs shall

include this information and make a record of the proceedings against the student a permanent

part of the student's file.

(3) THE HONOR COMMITTEE.

(a) Purpose of the Honor Committee. The Honor Committee administers the

University of Florida Academic Honesty Guidelines (6C1-4.017) within the College of Law. In

this capacity and at all times observing confidentiality requirements imposed by law, the Honor

Committee has the authority to do all actions which are necessary to the proper administration of

the Code, including the authority to promulgate a Procedure Manual.

(b) Composition of the Honor Committee. The Honor Committee shall consist of the

following members:

1. Student members elected as representatives to the Committee pursuant to the

provisions herein and according to the procedures designated in the Procedure Manual.

2. Two faculty advisors appointed by the Dean of the College of Law.









3. An Administrative Member (the Associate Dean for Student Affairs or, if the

Associate Dean for Student Affairs is unable to serve, the Assistant Dean for Student Affairs).

4. The University's ex officio representative from the Office of Student Judicial

Affairs.

(c) Student Members of the Honor Committee.

1. Eligibility and Duties. Students are eligible to serve on the Honor Committee if

they meet University requirements for participation in campus activities. A student who serves

on the Honor Committee undertakes to make a good faith effort to perform the duties of a

student member as set forth in the Procedure Manual.

2. Removal of Student Honor Committee Members. The Honor Committee may

remove a student member by a 2/3 vote of all the voting members for good cause shown. Good

cause includes (but is not limited to) any failure of a student member to make a good faith effort

to perform the duties of a student member as set forth in the Procedure Manual.

3. Honor Committee Officers. The Committee shall select from its student members

a Chair, a Vice-Chair, and a Secretary. Officers serve at the pleasure of the Committee. The

Committee can remove any officer at any time and for any reason by a vote of 2/3 of all the

Committee's voting members.

(d) Voting Rights of Committee Members.

The University's ex officio representative from the Office of Student Judicial Affairs does not

vote on Committee matters. All other members of the Honor Committee have an equal vote as to

any matter that is before the Honor Committee.

(4) HONOR CODE PROCEEDINGS.

(a) Rights of Students in an Honor Code Proceeding.









Students accused of a violation of the Honor Code shall be accorded the rights as listed in

6C1-4.016(5)(b). If the student believes that a Committee member has a conflict of interest, the

student has the right to request recusal of the Committee member.

(b) Report of Suspected Violation. A student or faculty member who in good faith

believes that a student has violated the Honor Code shall report the violation to the Honor

Committee. Any person who believes in good faith that a student may have violated the Honor

Code may report the violation to the Honor Committee.

(c) Procedure for Resolution of Alleged Honor Code Violation.

1. Determination of the Committee's Jurisdiction to Act on the Report. The

Administrative Member and the Director of Student Judicial Affairs have the authority to

determine if the alleged conduct (1) warrants an accusation against the person or persons

identified in the report, and (2) falls within the scope of the Honor Code. If both conditions are

met, the Honor Committee has jurisdiction. A reported violation constitutes an accusation only

where the allegations contain sufficient merit to warrant further action. If it is determined that the

alleged conduct does not fall within the scope of the Honor Code, but does warrant action under

the University of Florida Conduct Code, the Committee shall refer the matter to Student Judicial

Affairs in the Dean of Students' Office. In all cases, the Administrative Member and Director of

Student Judicial Affairs shall have the authority to conduct all investigations necessary for these

determinations.

2. Determination of the Alleged Violation.

a. Following notice of the charges, the student shall select one of the following two

methods of resolving the issue:

i. Accepting responsibility and proceeding directly to sanctioning, or;









ii. Denying responsibility and requesting a hearing before the Honor Committee.

b. If the student accepts responsibility for the alleged violation, the Chair shall

appoint a committee to conduct a sanctioning hearing. At the sanctioning hearing, the committee

shall pursuant to Section (5) determine an appropriate sanction to be recommended to the

Review Board.

3. Adjudication by the Honor Committee.

a. The Honor Committee Chair shall appoint a committee of three disinterested

committee members to conduct the hearing. At the Honor Committee hearing, the student has the

rights set forth in 6C1-4.016(5)(b). The Honor Committee determination shall be made on the

basis of whether based upon the evidence presented to the Honor Committee it is more likely

than not that the accused student violated the Honor Code.

b. If it determines that the student has violated the Honor Code, the committee shall,

pursuant to Section (5), determine an appropriate sanction to be recommended to the Review

Board.

(d) Failure of the Student to Participate in Resolving the Alleged Violation.

1. Voluntary Withdrawal of the Student from the University Following Report of an

Alleged Violation. If the student withdraws from the University of Florida following the report

of the student's alleged violation of the Honor Code, the Chair shall proceed as provided in

subsection (4)(c)1. If charges are issued, the Honor Code proceeding is stayed and the records

are filed with College of Law Student Affairs and the Director of Student Judicial Affairs. The

transcript and registration of the student are flagged in accordance with 6C1-4.026. The

University of Florida shall retain a copy of the flagged transcript.









2. Failure of the Student to Appear at a Hearing. A student who fails to notify the

Chair of his or her choice either to accept responsibility or to deny responsibility within the

period of time outlined in the letter of charges will be deemed to have chosen the option of

denying responsibility and requesting an Honor Committee hearing. The Chair shall, pursuant to

subsection (4)(c)3, appoint a committee to adjudicate the matter. If the student is duly notified of

the hearing and fails to appear, the committee may proceed in the absence of the student.

(5) SANCTIONING GUIDELINES.

(a) Rights of Student or Involved Faculty Member at a Sanctioning Hearing.

1. A student who has accepted responsibility for an Honor Code violation or who

has been adjudicated responsible for an Honor Code violation has the right to be present at the

sanctioning hearing. At the sanctioning hearing, the student has the right to present to the

committee any mitigating circumstances that the student wishes the committee to consider.

2. An involved faculty member has the right to be present at the sanctioning hearing

and to present to the committee any mitigating or aggravating circumstances of which the faculty

member is aware. Alternatively, an involved faculty member may provide to the committee a

written statement concerning any mitigating or aggravating circumstances of which the faculty

member is aware.

3. In addition, an involved faculty member has the right to recommend an

appropriate sanction.

(a) Determination of Appropriate Sanction.

In determining the appropriate sanction to be recommended to the Review Board, the committee

shall consider mitigating and aggravating circumstances which are presented by the student or by

an involved faculty member, or which are clearly reflected in the record.









1. Mitigating circumstances include (but are not limited to):

a. A student's voluntary report of the student's own violation of the Honor Code.

b. A student's acceptance of responsibility prior to adjudication of the Honor Code

violation.

c. Any other circumstance which in the judgment of any member of the committee

may constitute a mitigating circumstance.

2. Aggravating circumstances include:

a. Any injury that the student's Honor Code violation has caused to any person

affected by the Honor Code violation, including (but not limited to) a faculty member or other

student.

b. A prior adjudication for violation of the Honor Code.

c. Any other circumstance that in the judgment of any member of the committee

may constitute an aggravating circumstance.

(b) Notice to Student of the Committee's Determination.

Following a determination of the appropriate sanction to be recommended to the Review Board,

the committee shall notify the student of the sanction or sanctions to be recommended. An

appropriate sanction is any sanction or combination of sanctions authorized in 6C1-4.016(3).

(c) Notice to the Faculty of Record.

Following a determination of the appropriate sanction to be recommended to the Review Board,

the committee shall notify the faculty member of record in the course in which the violation

occurred of any sanction or combination of sanctions to be recommended.

(6) REVIEW AND IMPOSITION OF SANCTIONS: REVIEW OF

ADJUDICATION.









(a) The Review Board consists of the Dean of the College of Law; the University of

Florida Dean of Students or his or her designee; and the Chair.

(b) The Review Board shall review the record and all sanctions recommended by the

committee. If the Review Board is satisfied that the sanctions are appropriate, the Review Board

shall impose the appropriate sanctions.

(c) If a student petitions the Review Board for review of the student's adjudication of

an Honor Code violation, the Review Board shall review the record to determine whether the

record supports the adjudication. To petition, the student must submit written notice to the Dean

of the College of Law no later than the 5th business day after the sanction has been imposed.

(d) If at any time subsequent to a student's adjudication of an Honor Code violation

the student discovers substantial new evidence tending to refute the judgment, the student may

petition the Review Board to determine whether further proceedings are warranted. "Substantial

new evidence" means evidence that was not available to the student during the original Honor

Code proceedings through the exercise of reasonable diligence.

(7) FINAL APPEAL.

(a) If the Review Board affirms the adjudication or approves the sanctions imposed

by the committee, the student may appeal the adjudication or the sanctions to the University of

Florida Vice President for Student Affairs. To present an appeal, the student must submit a

written notice to the University of Florida Office of Student Affairs no later than the 10th

business day following the day on which the student receives notice of the Review Board's final

determination.

Specifie-Authority: BOG Resolution dated January 7, 2003210.227(1), 210.261 FS.

Law Implmntd 20.1(), 20.202, 20.261, 20.133 FS.










History--New 7-11-94, Amended 4-30-95, 5-1-96,


(1) STATEMENT OF PHILOSOPHY AND PURPOSE.

(a) The Honor System at the University of Florida College of Law, a padt of the

University of Florida Student Conduct Code, represents a commitment by students to adhere to

the highest degree of ethical integrity. The Honor System is based on the fundamental principle

of mutual tmust tmust among students, faculty, and administrators that individuals attending the

College of Law will not lie, cheat or steal. The Honor System has been designed and

implemented by the students themselves, with faculty and administrative involvement, and hak

not been imposed by the College of Law or- the University of Flor-ida an the students. Eac~h

student who joins the College of Law community becomes a padt of the Honor System and is

assumed to be tmrstwohy unless and until proven otherwise.

(b) Students at the College of Law benefit from the Honor System because teaching

and learning flourish best in an environment where mutual trust and respect form the bedrock of

relationships within the community. Simply put, a strong Honor System helps create a

_'- --. 1- A i 1 - -1-1


community in wnicn students can maximize tneir inteiiectuai ana acaaemic potential. me nonor

System reminds all members of the law school community that s ess obtained through

dishonest means is no success at all.

-(e) Moreover, attendance at the Uniiversity of Florida College of Law is eveor

student's first step in becoming a member of the legal profession. Essential to the well being of

the legal profession is the r-esence of a sense of honor and ethical integrity among its members.


pr ofTio tra ining +I. T. -

proefession-l tr-aining.









-(d) -The Honor System futhers the goal of the College of Law to senve the public and

the profession by producing attorneys dedicated to promoting justice, excellence, and respect for

the law. The sucess of the Honor System depends upon the diligence with which members oe

College of Law community ensure that they, as well as others, uphold the letter and spirit of the

tHonor Code. All suspected Honor Code violations shall be reported to a member of the Honor



Honor Code shall be considered a non prosecutable dishonorable act, unless that information is

othervise privileged.

(e) The College of Law Honor System is made up of feour pas: the Honor Code, the

description of the Administering Bodies, the Enforcement Procedures, and the Sanctioning

Guidelines.

(2) THE HONOR CODE.

(a) The Student's Commitment. The Honor Code is an undertaking of the students at

the College of Law, individually and collectively:

-1. that they will not lie, cheat or steal; and

2. that they will not seek to gain an advantage over fellow students or avoid

academic requirements through deceitful or illicit means.

(b) -Criteria. Three criteria determine whether an honor offense has been committed:

-1. Act. Was the act committed?

2. Intent. Was the act committed with purpose or knowledge?

3. Seriousness. By tolerating the act, would the community of trst be sufficiently


iaishment under the Honor Code?


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impairi-ed to warrant









(e) Jursdiction. This Honor Code shall have exclusive jurisdiction over all honor

offenses allegedly committed by law students within the College of Law. For the purposes of this

Honor Code, honor offenses are limited to acts falling within the general rubric of "academic

dishenesty."

(d) -Examples. The following is a list of examples of conduct that would violate the

Honor Code. This list is for purposes of illustration only, and is expressly not intended to be

comprehensive of conduct violating the Code. In all cases, the jurisdiction of the Honor Code

extends only to violations falling within the general rubric of academic dishonesty.

-1. -Having another student sign an attendance sheet or signing an attendance sheet

for an absent student in circumvention of the standards set by the professor.


2. Lying to a professor about a reason for a classroom absence or a late paper.

3. Falsifying information on a resume.

4. AWorking with another student on a take home test or writing project when


prohibited by the professor.


5. Looking at another student's answers during an examination for the purpose of

taking advantage of that student's work.

6. Bringing unauthorized materials into an examination room.

7. Giving another student unauthorized assistance during an examination.

8. --Writing an assigned paper for another student.

9. Taking a book from the library without checking it out.

10. Unauthorized taking of academic material from any University facility or office.

11. 4 Unauthorized taking of academic material from any professor or student.

12. Plagiarism: Relying on another's work without giving proper credit.











13. Handing in


14. Checking out a library bock, removing a library bock from the shelves, or tearing

pages out of a library book, in order to prevent access to information by fellow students.

15. Seeking to register for courses prior to one's allotted time without permission or


aut4hoEriza4on-.

16. -Receiving unauthorized assistance while competing for a place with a T


curricular organization, such as Law Review, Moot Cour or Trial Team.

7. Co inspiring to commit an honor off nse.


The Ho or Committeo.


-1i. -Purpose. The Honor Committee shall administer the Honor System at the College


of Law. Members of the Committee shall be involved in the initial evaluation of all allegations of
T T.- J^J- -1 __* 1 -L'J- - J- -1 -r -L' ,LI- T. - -,.^ - - '-LL - -1- -11 1- J_ -J- -1 ___' LI- -1-1- - __J -L


anor- oue viiatons. in auuition, me nor, committee sna. l b vvesteua it vte power, t

propose amendments to the Honor System to the law school community. In order to become

effective, amendments to the Honor Code must be approved by majority votes of the law school

faculty and the law school student body. Amendments so approved will operate as

recommendations to the University of Florida Office for Student Seniees. They shall become

effective upon the completion of any and all appropriate administrative proceedings. Finally, th

Honor Committee may from time to time issue written advisory opinions, subject to review of

University of Florida's General GCounsel, interesting the Honor Code in light of allegations of

Honor Code violations that come before it.


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2. uJurIsiction. It a maer is ret erre to the Mionor -oGmmittee w .ich i. oultiei 1 o

jurisdiction of this Honor Code, the Committee shall refer the matter to the University of Florida

Office of Student Judicial Affairs.

3. Composition. The Honor Committee shall be comprised of twelve voting

members, and one ex officio member as follows:

a. Students. Nine law students. One representative each for the second and third




representative from the L.L.M. Tax program.

b -. Faculty. Two faculty members.

c- Administration. One member of the law school administration.

d. Office of Student Judicial Affairs. One non voting Ex officio representative from

the Office of Student Judicial Affairs.

4. --Election of MtHonor Committee Members.

a. Students. In order to obtain a representative body, the student members of the

committee shall come from different entering classes. Accordingly, each entering class shall hold

elections for one committee member at the end of its first semester and two committee members

at the end of its third full semester. Students shall be eligible for election if they meet the

University requirements for participation in campus activities. A student shall be considered a

member- of that student's class of entry into the Gllege of Law for- pur-poses of votin and

representation regardless of whether, the student accelerates or dela-ys graduation. Students

elected in their first semester shall sreve a term of one year. Students e ltd in their third

semester shall senve a term of one and a half years. Elections shall be held each semester in


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complete the student's term, the Honor Committee shall accept applications from that student's

class and appoint a representative by a majority vote of the committee. The appointed student

shall seorve until the niext election when that class shall eleet a r-epr-esentative to seorve out the

remainder of the vacated seat's term.

b. Faculty. The Dean of the College of Law shall appoint two faculty members to

the Honor Committee for two year terms, with one term expiring each year. No faculty member

shall senve more than two terms consecutively.

c. Administration. The Dean of the College of Law shall appoint an Associate or

Assistant Dean to senvo en the HonMor Committee for a term of two years. No Dean shall senve

more than two terms consecutively.

d. Internal Positions. The Honor Committee shall elect from its student members a

Chairperson and a Vice Chairperson to senve an annual term. These elected officers will

administer the Honor System's daily affairs and one will senve on the Appellate Board.

e. Voting. Each member of the committee, except for the ex officio member from

the Office of Student Judicial Affairs, shall have full and equal voting rights.

5. Removal of Honor Committee Members.

a. Automatic Removal. Any student member of the Honor Committee who is found

guilty of an offense under this Honor Code shall be automatically removed from office and

precluded from seeking a position on the Honor Committee in the future.

b. Removal for Cause. The Honor Committee may remove a committee member by

a two thirds vote for good cause shown.

(b) Recusal Policy. If a member of the Honor Committee has a conflict of interest at

any time during the consideration of an alleged honor offense, that member shall refuse to act in









thoe proceeding in order to avoid any impropriety, either actual or perceived. A conflict of interest

arises when a person has an interest in the honor proceeding that would render the person

incapable of making an objective judgment. If a Committee member fails to withdraw, the

participation of that member may be challenged as follows:

-1. Student Challenge. The accused may request the recusal of any Honor Committee

member on the grounds of conflict of interest. Upon a student request, the Chairperson shall call

for a vote of all disinterested Committee members, excluding the challenged member, to

determine whether to recuse the challenged member; and

2. Intra Committee Challenge. Any member of the Honor Committee may request

that the Chairperson call a vote to recuse any other member of the Committee on the grounds of

conflict of interest.

(e) The Student Honor Court.

-1. The Student Honor Coudt is an existing body within the University of Florida

community that is vested with the power to adjudicate alleged infractions of the University's

"Academic Honesty Guidelines." The Honor Coudt is based upon the American adversary

system, with a full and fair trial before a juy of one's peers. The make up and procedures of the

Student MtHonor Cout are described more fully in "The Stwdent MtHonor Cout Ru-les of Procediure."

2. The Student Honor Court shall hear cases involving alleged violations of the

College of Law Honor Code referred to it by members of the Honor Committee. When

adjudicating law school cases, the Student Honor Court shall function as described in "The

Student Honor Coudt Rules of Procedure," except as modified in paragraph (4)(d)2. of this Honor


Code.


(-d) Confidential He


ner- Pr-eeedings









1. Oath. Every member of the College of Law Honor Committee shall take an oath

of conifidenitiality. By the oath, the member-s of the commffittee are bounifd no~t to) disclos

information if that disclosure would be in violation of law. The purpose of th4 oath is to protect

the privacy of the accused student.

2. MiHonor Files. All materials and files collected by the Honor CoGmmittee and the

Honor Court relating to the investigation and reporting of a suspected honor offense shall be kept

confidential. The contents of such files shall not be disclosed if that disclosure would be in

violation of law. All official files shall be kept at the University of Florida Office for Student

Judicial Affairs. A copy of all official files shall be kept by College of Law Dean's Office.

(e) Appellate Board.

-1. Purpose. The Appellate Board shall hear all appeals from judgments of conviction

and recommended sanctions following an honor adjudication. In all cases, the Appellate Board

shall review recommended sanctions and make the final decision regarding the imposition oe

sanctions, subject only to a final appeal.

2. Composition. The Appellate Board shall consist of three members: the

Chairperson of the College of Law Honor Committee, or in the Chairperson's absence, the Vice

Chaimperson; the Dean of the College of Law; and the Dean of the Office of Student Senvices.

(4) COLLEGE OF LAW HONOR SYSTEM PROCEDURES.

.(a) Reporting Sutspected Violations. All suspected violations of the Honor Code shall

be repoed to a member of the Honor Committee. Any member of the Honor Commiittee

receiving such a report shall immediately notify the Chairperson or, if the Chaimperson is

unavailable, the Vice Chairperson. The Chairperson or Vice Chairperson shall select three

disinterested members of the Committee by a random method to form a probable cause sub









committee to consider the matter. The probable cause sub committee shall consult the ex officio

member of the Honor Committee in making a probable cause determination. In all instances, the

probable cause sub committee shall consist of at least two students.

(b) Rights of the Accused.

-1. Immediate Notification. The accused shall have the right to immediate

notification when accused of an honor offense.

a. Except as provided in section b., the accused shall be notified by the probable

cause sub committee immediately upon its formation.

b. If a student is accused of an honor offense during the examination period, the

probable cause sub committee has the discretion whether or not to notify the student until the

student has completed all exams. The student shall be notified immediately upon the completion

of exams and before graduation exercises.

2. Speedy Adjudication. The accused shall have the right to a speedy adjudication. A

speedy adjudication means an Honor Court trial or Honor Committee hearing shall commence

with due speed to insure a fair hearing. Although examination periods, holidays, vacation

periods, and breaks between semesters impact the scheduling of the case, the guidelines for

adjudieatien are:


a. the accused sha


1 eehar-gedw ithin-fifteen-ealeadar- days,


or as soon as


reasonably possible thereafter, from the date which the alleged incident is reported to the Honor

Ga mm it4ee

-b. the Honor Court trial, or Honor Committee hearing as provided in paragraph

(4)(d)3., shall commence no longer than sixty calendar days after the formation of the probable

cause sub committee or as soon as reasonably possible thereafter; and









4 -the trial or hearing shall be completed as quickly as po sible in order to ac1hicvc a

fair and just result.

3. Presentation of Evidence. The accused shall be entitled to have ;videnc+

presented to the probable cause sub .co mmittee. The a accusedd shall submit this evidence; e to the

probable cuse invet at+or, who shall then present that evidence to the probable cause

stubc.mm.. ,it4ee for- c osider;ation in making its determination; n of probable n ause.

(e) Probable Cause Sub Committee. The three person Probable Cause Sub

Committee shall determine whether there is probable cause that an honor offense occurreed. Upon

formation, the sub committee shall designate one of its members to be the investigator. The

investigator shall notify the accused, accumulate evidence regarding the accusation, and submit

the findings to the other two members of the sub committee. The other two members of the sub

committee shall then determine the existence of probable cause. The investigator shall vote on

the issue of probable cause only to break a tie vote between the other two members of the sub

eommit4ee.

-1. Probable Cause Defined. Probable cause is defined as sufficient evidence to cause

a reasonable person to believe that the accused committed the offense.

2. Probable Cause Jnvestigation. The investigator shall begin the invest on

immediately upon appointment. In deciding whether there is probable cause, the sub committee

shall consider all evidence presented to it by the investigator. The investigator may present any

evidence obtained from members of the law school community to the sub committee for

consideration. During the investigation, the investigator shall solicit evidence from the accused.

The accused shall be advised of the right to remain silent and warn-ed that anything said can be

used against the accused at later honor proceedings.









3. -Decision to Prosecutte. The decision of the sub committee that probable cause

exists shall be final. The sub committee shall immediately notify the accused and inform the

accused of the three options available for adjudication which arc listed in the next section.

1 (d) Student Options for Adjudication. Upon a finding of probable cause, the student

shall have three options: (1) pleading guilty and proceeding to sanctioning; (2) denying guilt and

requesting adjudication by the Honor Court; or (3) denying guilt and requesting an Honor

Committee hearing.

1. Pleading Guilty. Upon a plea of guilty, the case shall move directly to a

sanctioning hearing by three members of the Honor Committee selected in accordance with

paragraph (4)(d)3. During this sanctioning hearing, the guilty student shall have the right to

present any mitigating circumstances for the consideration of the sanctioning panel. This

sanctioning panel will then determine a sanction and recommend it to the Appellate Board for


final judgment.

2 MHonor Court for Adjudication. If the student chooses Honor Court adjudication,

the Honor Court proceeding shall be investigated and prosecuted in a manner identical to all

other Honor Court proceedings, except:

+ a.. College of Law Metier- Cede Applied. The Chancellor. + r- ..ice Chancellor of the

Honor Court shall apply the College of Law aHonor Code and the University of Florida Academic

Honesty Guidelines at trial.

b -. ,Jury. The ju y shall consist of the accused's peers. Accordingly, the ju y shall

consist of four disinterested law students and two disinterested graduate students from other

schools at the University of Florida. In either case the juiy shall be selected through voir dire,

and it shall be impartial.









...n. lvestigators. Jnvest.gator a.ign ed to College of Law honor offenses shall be

law students. Additionally, the Honor Court may accept the investigative repot volunteered to

them by the Honor Committee.

--- -Sanctioning Body. The Chancellor- of the Manor- Cour (or Vice Chancellor-, if the



excluding any members of the concerned probable cause sub committee, shall determine the

sanction of a law student convicted of an honor offense. This sanction shall be recommended to

the Appellate Board pending appeal and final judgment.

3. M eHonor Committee Hearing. If the student c ses a hearing by the College o

Law Honor Committee, the case shall be heard by three voting members of the Honor

Committee, excluding any members of the probable cause sub committee, whom the

Chairperson shall choose by random method. At least a majority of this hearing panel shall be

student members. In order to assure impartiality in case of an appeal, the Chairperson shall not

paricipate in these hearings.

a. Procedure. The Honor Committee hearing shall be a formal hearing as provided

for in the Student Conduct Code within the University of Florida's Rules and Procedures. The

accused student may have an advisor present; however, only the accused shall Speak on the


accused's behalf at the hearing.

b. Standard of Proof. In order to sustain a conviction, a majority of the hearing par


must have a reasonable belief based on the ev


im ie-e t4he-oftheguiltof the-aeetis


--- --Sanctioning. Upon a finding of guilt, the hearing panel shall determine an

appropriate sanction in accordance with the sanctioning guidelines. This hearing panel shall

recommend this sanction to the Appellate Board for final judgment.


e










(e) Appeals Process. A student convicted of an Honor Code violation has the right to

appeal the judgment of conviction and sanction to the Appellate Board. A student who pleads

guilty may appeal the sanction to the Appellate Board. If the Honor Committee Chaimperson is

recused, the Vice Chairperson shall preside. The Appellate Body shall accept all factual findings

of the Honor Couut jury or the Honor Committee unless they are clearly earoneous.

-1. Time Limitation on Appeals. All appeals must be presented in writing to the

Chairperson of the Honor Committee within five days after sanction has been imposed.

2. Final Appeal. A final appeal may be made to the Vice President for Student

Affairs of the University of Florida within five days of being notified of the Appellate Board's

decision.

(D) Substantial New Evidence. Substantial new evidence is defined as evidence that

was not available to the accused during the original adiudication with the exercise of reasonable


diligence. If at any time subsequent to an honor offense cnxviction, a convicted student discovers

"substantial new evidence," the convicted student may petition the Appellate Board to determine

whether fut4her preeeedings are warranted.

(g) -Volunatary Withdraawal. If an accused withdraws from the College of Law after a

.----1 -1-1_ __ - -~I_.~_ ___1- - -- 1- 1- __- -L ~_ --L: --L -L1- ~_ ---L _ - -1 __ L -


pfetgtwt cause UUUCibemifteIUU as beeni eewvenetl LO iiivestgae the aeettsatten afie pnoie te a

determination of the existence of probable cause or the ultimate determination of guilt or

innocence, the following will take place:

-1. Records Flagged. The accused's transcript and registration shall be flagged in


transcript shall be kept in the


Dean's Office at the College of Law.


naenrdnnmrn with I nivnr'eitv nrcrc.nnlr"z A ernnv nt thc t Ing -


' -- T


~-W--~U










2. Jnves.igation Completed. The investigation into the accu station shall continue


ble evidence is collected and any witness testimony is recorded under oath in


preparation for adjudication. Once the investigation is completed, the proceeding shall be stayed

and files stored in accordance with paragraph (3)(d)2. of this Honor Code.

(5)--SANCTIONING GUIDELIhES.

(a) General Sanctions. The sanctioning body shall have full range of sanctioning

authority from issuing an official reprimand to expulsion. The following sanctions reflect the

minimu penalty the College of Law commuifi .ty shall impose when a fellow stuidenit br-eaches


the Honor Code.

1 n- -- r-1 -T1 J-- A C ffi-' P -_' 1-.L C L-- 11 l--T -_TT-- J.^ .1- 1 -


1- fl-ecouI3s rilaggeu. A COniviCtion 101 violating me College 01 LiaIw Manor-0 Loue shall




of Florida College of Law. The central records of the University of Florida shall be flagged in

accordance with University procedure.

0 for NT1+)C /+; / Tb0 T-Innr rnmmi++oo n1lt11 ,lron+ +bD+ +, oonnrn*nr* 0+ 0 n+M+- ir t al
. x .vJ .T v.t x vxJxxJ 11xuxx ux v x v J vx x x v x x

J x J x .t JJx ,v J v xx v ,xxu~xx ,v x .t J x Jxx vv~xu x x xx..t x~x vvxx ,vi. dx


federal bar associations) arc notified of all Honor Code convictions.

--3. Reprimand. With the exception of those students who are expelled, suspended or

placed on conduct probation, every student convicted of an honor offense shall receive a

reprimand.

(b) Specific Sanctions. If a student is convicted of the following offenses, the College

of Law sanctioning body shall recommend the specific sanctions listed below. However, upon a

finding of extraordinary' circumFtances, the sanctioning body may diverge from the guidelines in

order to best sent justice in the particular case. Extraordinary circumstances include, but are not

limited to, a situation where the accused has come forward with a conscientious admiggion.


pa propr at tat an


tifitil all a-vailEd


--'' '-' ~''''-'-''''~'' ''- ''~'"~' ~'''''''''-- -''-''' ''''--"'''-'' '''-


1









1. Academic Work. If a conviction involves cheating on a graded assignment, the

convicted student shall receive a failing grade in the course.

2--3.-Co Curricular Competitions. If a conviction involves a ee curricular competition,

the convicted student shall be disqualified from the competition and from future membership in

the specific co curricular organization. Depending on the severity of the offense, the student may

be prohibited from participating in other co curricular competitions as well.

3. Career Placement. If a conviction involves career placement, the convicted

student will forfeit all future rights to participate in on campus law school interviews.

4. R-Restution. If the University of Florida has incuared any monetary loss as a result

of an Honor Code violation, the convicted student shall be required to make full restitution.

(e) Optional Sanctions. The sanctioning body may recommend any of the sanctions

listed below in addition to the sanctions listed in Sections (a) and (b) above when the offense

warrants further or more specific sanctions. The sanctioning body shall strive to tailor the

sanctions to fit the offense.

-1.---Expulsion. If a conviction warrants, or if a student has a prior conviction, the

student may be expelled from the University of Florida.

2. Suspension. If a conviction warrants, or if a student has a prior conviction, the

student may be suspended from the University of Florida. Suspension may be for no shorter than

the remainder of a contemporaneous semester and may be for no longer than three years.

3. -Conduct Probation. If a conviction warrants, the student may be placed on

conduct probation as defined in the University of Florida Student Conduct Code. The

sacioigbody shall r-ecommffend the length of coniduct pr-obation it deems appropriate inl eac~h


ease.









4. Law Libra.y Privileges. If a conviction warrants, the convicted student may


foffeit the right to use library reserve materials unless the materials are required by a Professor.

5.-Clinical Programs. If a conviction warrants, the convicted student may foffeit the

right 4to paicipate in professional clinics.

6. --Co curricular activities. If a conviction warrants, the convicted student may

foffeit the right to participate in co curricular activities.

7. Reduction of Registration Priority. If a conviction warrants, the convicted student

may be assigned the last registration time slot for the convicted student's class.

8. Educational Sanctions. The sanctioning body may require the convicted student to

attend counseling, seminars, or other appropriate educational programs.

9. Community Sen'iee. The sanctioning body may require the convicted student to

devote a specified number of hours to community sencee activities.

(d)-Mitigating/Aggravating Factors. The sanctioning body shall consider the

following factors in prescribing a sanction in order to assure that the sanction fits the offense:

1. Conscientious Admission. A student who voluntarily admits mistake, before

gaining any knowledge that someone else may suspect that student of an honor offense, shall be

entitled to have this admission considered as a mitigating factor upon sanctioning. This is

because a student who has the courage and integrity to come forth with a good faith admission

has reaffirmed a personal commitment to honor. Any student interested in making a

conscientious admission should contact an Honor Committee member immediately. After

discussing the matter with the committee member, the student should prepare a written statement

fully acknowledging any and all dishonest acts the student has performed during the particular

incident in question, and should have all parties affected by the student's actions sign and date









the document. The statement should include a clause attesting to the fact that thc student



Honor Committcc contacted by a student wishing to make a conscientious admission shall



2. Prior Convictions. Prior convictions under the Honor Code shall be considered as

aggravating factors during sanctioning.

(e) Victims Rights. The involved faculty member or student or other victim shall

have the right to appear before the sanctioning body and present information concerning the



(f) Other Jurisdictional Sanctions. Each student's actions are also subject to federal,

state, and local laws which are beyond the jurisdiction of the College of Law.




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