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Code of Academic Conduct
Preamble:
The Code
of Academic Conduct establishes and provides a system for the enforcement
of minimum standards of integrity, fairness, equal opportunity, and professionalism
in the conduct of academic pursuits at The University of Tennessee College
of Law. As with the American Bar Association's "Code of Professional Responsibility,"
the touchstone of our system is self-regulation. The policy of self-regulation
underlying the Code of Academic Conduct demands the cooperation of each
member of the Law School community. All work should be done in full compliance
with both the spirit and letter of the Code.
Chapter
One: Statement of Purposes
1.01 The purpose of the Code of Academic Conduct is to promote
and secure academic integrity, fairness, equal academic
opportunity, and professionalism at The University of Tennessee
College of Law.
Chapter
Two: Scope
2.01 This Code of Conduct applies to all students who are enrolled
in the College of Law and are involved in academic matters
pertaining to the College of Law.
2.02 A student is enrolled in the College of Law if he or she is
registered for a course offered by the College of Law or is engaged
in any of the academic matters specified in ñ 2.03(A)-(G).
2.03 "Academic matters pertaining to the College of Law" means
any activities which may affect a grade, satisfaction of
requirements for graduation, or the award of professional honors
at the College of Law, and any other activities sponsored or
administered by the College of Law in which such grades,
satisfaction of degree requirements, or professional honors are
relevant. Academic matters include but are not limited to:
(A) Examinations;
(B) Research or other assignments to be done for a course;
(C) Any work which is in whole or partial satisfaction of requirements to receive
credit for participation in any activity for which credit is given;
(D) Registration for enrollment in courses which may be taken in whole or partial
satisfaction of requirements for graduation;
(E) Competitions for professional honors awarded by the College of Law or under its
auspices, including but not limited to Law Review membership, Moot Court
awards, and essay prizes;
(F) Participation in the activities of the Academic Review Board of the College of
Law or the activities of any individual, committee, or board authorized to
establish or administer policies pertaining to academic matters at the College of
Law; and
(G) Representations about one's participation or performance in an academic matter
in connection with any activity sponsored or administered by the College of Law.
Chapter Three: Standards of Conduct
3.01 Prohibited Conduct: It shall be a violation of the Code of Academic Conduct for any
student enrolled in the College of Law to commit an act of academic dishonesty. A
student has committed an act of academic dishonesty if he/she
(A) With respect to any academic matter, intentionally
(1) Misrepresents a fact or fails to state a fact in circumstances which render
any statement made misleading;
(2) Sequesters, mutilates, destroys, or uses without permission the books or
work product of another student; or
(3) Sequesters, mutilates, or destroys library materials; or
(B) With respect to an examination, intentionally
(1) Acquires or attempts to acquire a copy of any examination without the
permission of the instructor responsible for the examination;
(2) Uses or attempts to use materials other than those specifically authorized
by the instructor responsible for the examination;
(3) Provides or acquires, or attempts to provide or acquire, information or
assistance when specifically prohibited from doing so by the instructor
responsible for the examination;
(4) Copies or attempts to copy the examination answer of
another student or permits or attempts to permit another student
to copy his/her answers; or
(5) Engages or attempts to engage in any other form of cheating,
i.e., conduct specifically intended to secure an unfair advantage or
to subject another to an unfair disadvantage; or
(C) With respect to research or other writing assignments in
connection with the academic matters specified in ñ 2.03(B), (C), or
(E), intentionally
(1) Uses or attempts to use materials the use of which has been
specifically prohibited by the instructor or other person responsible
for the academic matter;
(2) Plagiarizes;
(3) Gives or receives, or attempts to give or receive, information
or assistance when specifically prohibited from doing so by the
instructor or person responsible for the academic matter; or
(4) Engages or attempts to engage in other forms of cheating,
i.e., conduct specifically intended to secure an unfair advantage or
to subject another to an unfair disadvantage; or
(D) With respect to his/her participation in the activities of the
Academic Review Board of the College of Law or of any individual,
committee, or board authorized to administer policies about
academic matters pertaining to the College of Law, intentionally
(1) Obstructs the administration of such policies by sequestering,
mutilating, or destroying relevant materials;
(2) Refuses to provide relevant information within his/her
possession when requested to do so by an individual, committee, or
board acting within their authority to administer policies pertaining
to academic matters, except where permitted to do so by law or by
regulations of The University of Tennessee; or
(3) Where prohibited by law or by regulations of The University
of Tennessee, discloses to others information about specific
students or identifiable groups of students which was acquired by
virtue of his/her participation in the administration of such policies,
except where such disclosure is necessary to report an act of
academic dishonesty to the Dean of the College of Law.
3.02 Reporting Prohibited Conduct: Students enrolled in the College
of Law who know of acts of academic dishonesty committed by
another student enrolled in the College of Law are expected to
report such acts to the Dean of the College of Law.
Chapter Four: Administration of the Code
4.01 There shall be established an Academic Review Board of the
College of Law.
(A) Composition and Membership: The Academic Review Board of
the College of Law shall consist of both appointed faculty and
elected student members as set forth below. Additionally, the
Academic Review Board shall consist of a member of the Office of
the Dean of Students who shall serve as the non-voting chairperson
of the Board; the responsibilities of the chairperson shall include
the scheduling of meetings, notification of parties and witnesses,
and reporting regularly to the Student Affairs Council the activities
of the College of Law's Academic Review Board.
(1) Faculty members: As each case arises, the Dean of the
College of Law shall appoint an appropriate number of faculty
members to the Academic Review Board to ensure the availability
of a quorum, as set forth below;
(2) Student members: Two members from each College of Law
class shall be elected by the student body at large to serve as the
student members to the Academic Review Board. Student members
shall be subject to the Dean's approval and shall serve until their
successors are elected. Elections shall be held once a year at the
beginning of the fall semester. Three student members, selected
from the elected six, shall be chosen by the Dean as each case
arises to ensure the availability of a quorum, as set forth below. If
a quorum cannot be obtained from duly elected student members of
the Academic Review Board, the Dean shall appoint additional
student members from a list of students submitted to him/her by
the Executive Council of the Student Bar Association.
(3) Quorum: A quorum shall consist of the non-voting
chairperson, three voting faculty members appointed as set forth
above, and three voting student members elected or appointed as
set forth above.
4.02 The Academic Review Board shall have jurisdiction:
(A) To adjudicate charges that an individual has committed an act
of academic dishonesty in connection with an academic matter
pertaining to the College of Law while that individual was enrolled
in the College of Law and to impose, subject to the authority of the
Dean of Students, any of the following penalties:
(1) Loss of Privileges. These penalties are intended to serve as
reminders of operating regulations and are for specific periods of
time. Such penalties may include loss of scholarship, stipend, right
to participate in certain extracurricular activities, use of facilities,
etc.
(2) Disciplinary Reprimand. Disciplinary reprimands are used for
minor infractions. A reprimand indicates that further violations will
result in more severe disciplinary actions.
(3) Disciplinary Probation. Disciplinary probation means that a
student is permitted to remain in the University on a probationary
status. Conviction of a similar violation during probation will result
in suspension. Other conditions of probation are specific to the
individual case and may include loss of eligibility to serve as a
student organization officer or to participate in specified student
activities. The Director of the Office of Student Conduct, who is
charged with the responsibility of supervising those on probation,
may also specify the terms of probation.
(4) Suspension for a Specific Period of Time. Suspension for a
specific period of time is used in cases of serious misconduct or
repeat offenders and means that the student is withdrawn from
the University and is not eligible to apply for readmission for the
designated period of time. Usually, the period of designated
suspension does not exceed one year.
(5) Indefinite Suspension. Indefinite suspension means that no
specific date has been recommended by the Board for the
readmission of the suspended student. This penalty is used when
the prognosis of rehabilitation is uncertain and the Board desires
that some additional evidence of rehabilitation be presented by the
student before he/she is readmitted to the University. Applications
for readmission shall be considered by the Student Affairs Council.
(6) Permanent Dismissal. Permanent dismissal means that a
student is permanently barred from matriculating as a student on
the Knoxville campus. This penalty is used when the violation of
one or more of the institution's Standards of Conduct is deemed so
serious as to warrant total and permanent disassociation from the
University community without the possibility of re-enrollment; or
when, by his/her repeated violation of the institution's Standards
of Conduct, a student exhibits blatant disregard for the health and
safety of other members of the University community or the
University's right to establish rules of conduct.
(7) In cases where a Board desires to impose suspension, it may
so recommend to the Dean of Students. In the event a
recommendation of suspension is not approved by the Dean of
Students, he may substitute any less severe penalty; if probation is
substituted, it may be for a greater period than the period specified
for suspension. The Dean of Students shall notify the Dean of the
College of Law when a recommendation for suspension is not
approved.
(B) To hear appeals by an individual against whom a penalty has
been assessed by an instructor in the College of Law for alleged
acts of academic dishonesty in connection with academic matters
for which that instructor was responsible and to either uphold or
make findings and recommendations at variance with the
determination of the instructor.
(C) To hear such other academic matters as may be appropriate
under the standards set forth in Hilltopics.
4.03 The procedures for adjudication of alleged acts of academic
dishonesty by the Academic Review Board of the College of Law
shall be as follows:
(A) Allegations that an individual has violated the Code of
Academic Conduct shall be communicated in writing to the Dean of
the College of Law. If the Dean concludes that there are
reasonable grounds to believe that a violation has occurred, he or
she shall refer the matter to the office of the Dean of Students for
prosecution and shall empanel an Academic Review Board as
provided in ñ 4.01.
(B) A quorum, consisting of six board members, must be present
in order to hear a case. A two-thirds vote of the members is
required for all decisions of the Board. Any board member who
cannot hear the evidence fairly and objectively for any reason shall
dismiss himself/herself from the case.
(C) The hairperson shall ascertain that the accused has been
advised of his/her rights and shall read the statement of charges.
The accused shall have the right to:
(1) Exercise or waive his/her right, as set forth in Hilltopics, to a
hearing conducted in accordance with the Uniform Administrative
Procedures Act (T.C.A. ñ 4-5-101 et. seq.).
(2) Written notice of charge(s), an account of the alleged
misconduct, the name of any witnesses to the misconduct, and
notice of the scheduled hearing delivered 72 hours before the
hearing. The student may request additional time by showing good
cause.
(3) A public or closed hearing. A public hearing can involve only a
limited number of spectators, and appropriate control measures
will be established by the Dean of Students. If there is difficulty
with crowd control, the hearing board chairperson can designate
those parties to be present.
(4) Notice of the maximum allowable penalty (i.e., permanent
dismissal).
(5) The assistance of the counsel of his/her choice.
(6) Testify or remain silent at his/her option.
(7) Present witnesses.
(8) The presumption of innocence. The burden of proof rests
with the University to establish by a preponderance of the evidence
that the accused has committed the alleged act of academic
dishonesty.
(9) A written decision specifying the rule violated, penalty
assessed, and right to appeal.
(10) Challenge the seating of any board member for good cause.
The dismissal of a challenged hearing board member shall be at the
discretion of the hearing board chairperson. If the chairperson is
challenged, he/she may be excused at the discretion of the
majority of the hearing board.
(11) Have his/her case heard only on the misconduct specified in
the written notice.
(12) Challenge the admissibility of evidence.
(13) Confront or cross-examine all available adverse witnesses.
(14) Appeal to the Student Affairs Council as provided in ñ4.03(0).
(D) A student who fails to appear before the Academic Review
Board in accordance with proper notification shall be deemed to
have waived his/her right to be present during the presentation of
evidence to the Board, to know the evidence against him/her, to
present evidence in his/her own behalf, and to exercise reasonable
cross-examination of witnesses appearing against him/her. This
waiver shall become effective if the student fails to appear at the
designated time and place of the hearing unless, prior to the time
set for the hearing, the student communicates in writing to the
Dean of Students good cause for granting a continuance of a
scheduled hearing.
(E) The accused shall enter a plea of guilty or not guilty. If a
guilty plea is entered, he/she shall be advised of the maximum
penalty.
(F) The chairperson is in charge of maintaining an orderly
discussion throughout the hearing. Proceedings should be
conducted with fitting dignity and should reflect the importance
and seriousness of the hearing. Any person who fails to follow the
instructions of the chairperson, after a warning, shall be referred
to the Dean of Students for appropriate disciplinary action.
(G) In the event that the accused pleads guilty, the Board shall
review the circumstances of the case and make appropriate
decisions or recommendations regarding the penalty.
(H) The Dean of Students or his/her designee shall present such
evidence as he/she has at the hearing, including any witnesses.
He/she shall not present written statements as evidence, unless
circumstances make such presentation necessary and unavoidable.
Under similar restrictions the accused may present written
statements in his/her defense. Unsigned statements shall not be
admitted as evidence.
(I) After the presentation of evidence by the Dean of Students,
the accused shall be allowed to present all relevant evidence. If a
not guilty plea has been entered, evidence in mitigation of the
alleged offense shall be presented only after the Board has
determined the issue of innocence or guilt.
(J) During Board deliberations all persons except the board
members shall be excused from the hearing room. All matters upon
which the decision may be based must be introduced at the hearing,
and the decision shall be based solely upon the evidence presented.
No mention will be made during the hearing on innocence or guilt of
the student's previous disciplinary record, unless appropriate as
rebuttal to character evidence introduced by the accused.
(K) Upon a determination of guilt by the Board, the previous
disciplinary record of the accused, if any, shall be given to the
Board together with the recommendation of the Dean of Students
as to an appropriate penalty.
(L) After the Board determines the penalty, the accused shall be
advised in writing of its decision.
(M) The results of the Board's decision shall be kept on official
University judicial forms, and such a record will be considered
sufficient. If a verbatim record of the hearing is prepared, it shall
be retained in the custody of the Dean of Students and considered a
confidential disciplinary record. If necessary for adjudication of an
appeal, the Dean of Students may prepare a summary, certified by
the chairperson of the Academic Review Board, of that portion of
the record that has been designated by the Student Affairs Council
as material to the appeal.
(N) A Board member shall not discuss cases prior to or after the
hearing. The information received by members of a judicial board
during a case is considered strictly confidential.
(O) An individual who has been found guilty and penalized by the
Academic Review Board of the College of Law shall have the right to
appeal those decisions to the Student Affairs Council, the final
decision-making board of The University of Tennessee, Knoxville
judicial system. All appeals shall be taken in accordance with the
following:
(1) In all cases the request for appeal must be submitted in
writing to the Dean of Students within seven (7) calendar days of
written notice of the board decision. If the seventh (7th) day falls
on a weekend or holiday, the time is extended to the next regular
work day.
(2) If written briefs are submitted, they must be submitted
within the same time allowed for filing a request for appeal. Under
normal circumstances, appeals will be heard within fourteen (14)
days after they have been filed.
(3) Unless the Student Affairs Council elects to hear the case de
novo, all appeals must be taken upon the record made before the
Academic Review Board of the College of Law.
(4) The Student Affairs Council will review the request for appeal
together with any written briefs or other supporting documents to
determine if the appeal presents a substantial question within the
scope of review. The scope of review shall be limited to the
following:
(a) Penalty. In cases appealing the appropriateness of the
penalty, the appeal board shall uphold the penalty unless the
penalty is shown to be "clearly unreasonable" (i.e., "that which has
been clearly and fully proven to have no sound basis or justification
in reason").
(b) In cases appealed on grounds of new evidence, the moving
party must show that such evidence is material to the decision of
the board on the issue of innocence or guilt, and that said evidence
could not have been discovered by due diligence prior to the
original hearing.
(c) In cases appealed on the grounds of denial of due process,
the moving party must show that the adjudicatory process of the
initial hearing was not conducted in conformity with properly
prescribed procedures. In this regard, the moving party must also
show that the alleged discrepancy was materially adverse to the
moving party's interest. Nothing contained in the foregoing shall
be construed as limiting the right of the Dean of Students to
request the Student Affairs Council to review the decision of the
Academic Review Board of the College of Law.
(P) The decision of the Student Affairs Council is subject to
review by the Chancellor and the President of The University of
Tennessee.
4.04 The procedures for an appeal of a penalty assessed by an
instructor for alleged acts of academic dishonesty shall be as
follows:
(A) Penalties for academic dishonesty may be imposed by an
instructor. He/she has full authority to suspend a student from
his/her class, to refuse to allow a student to take an examination,
to lower a student's grade, to assign a grade of 0.0 in an exercise
or examination, or to assign a grade of 0.0 in the course. In
addition to or prior to establishing a penalty, the instructor may
refer the case to an Academic Review Board by notifying the Dean
of the College of Law. In all cases involving suspension of a
student from a class, the student must be provided a hearing, as
hereinafter described, prior to the effective date of such
suspension.
(B) An instructor shall notify the student in writing of the
penalty, the nature of the misconduct for which the penalty was
assessed, the names of any witnesses to the misconduct, and the
student's right to appeal, and shall have the writing countersigned
by the Dean of the College of Law. Copies shall go to the Office of
the Dean of Students, and, if the student is enrolled in another
academic unit, to the head of that academic unit.
(C) A student who has been penalized by an instructor shall first
discuss the penalty with the instructor involved and, if necessary,
the Dean of the College of Law. If the student is unable to resolve
the penalty with the instructor and the Dean, he/she may appeal
the penalty to the Academic Review Board by notifying the Dean
within seven calendar days of receipt of written notice of the
penalty from the instructor.
(D) An appeal by a student to an Academic Review Board must be
in writing. It is the responsibility of the student to make a
complete and thorough case for the appeal to the board. This is
particularly important because of the procedure which allows the
Academic Review Board to make a determination based on
documentary evidence without providing the student an
opportunity to make an oral presentation. The appeal statement
should contain the following information:
(1) The name of the person the appeal is against, what class (if
any) is involved, and when and where the problem took place.
(2) The nature of the complaint; the specific way in which the
student was allegedly aggrieved, harmed, injured, or denied rights.
(Example: unjust allegation of academic dishonesty.)
(3) The specifics of the problem. A mere statement like, "I did
not cheat, misuse materials, etc." is not sufficient. The student
must state why he/she feels the penalty imposed by the instructor
was improper or unfair.
(4) The existence of papers, exams, reports, etc. which verify
the complaint; the names of persons (another student, advisor,
etc.) who can verify the facts.
(5) The steps which have been taken to solve the problem and
the names of the persons, including the instructor, with whom the
student has talked in an effort to resolve the problem.
(6) The remedy desired by the student.
(7) The student's name, address, telephone number, student
identification number, and signature.
(E) Upon receipt of a student appeal statement, the Dean of the
College of Law shall empanel an Academic Review board as
provided in ñ 4.01.
(F) A quorum of six board members must be present in order to
hear an appeal. A two-thirds vote of the members is required for
all decisions of the Board. Any board member who cannot hear the
appeal fairly and objectively for any reason shall dismiss
himself/herself from the case.
(G) The chairperson shall ascertain that the student who has been
penalized has been advised of his/her rights in connection with the
appeal of the penalty. The student shall have the right to:
(1) As provided in ñ 4.04(b), written notice of the penalty,
account of the misconduct for which the penalty was imposed, the
names of any witnesses to the misconduct, and the student's right
to appeal the penalty.
(2) Assistance of the counsel of his or her choice.
(3) The presumption of innocence. The burden of proof rests
with the University to establish by a preponderance of the evidence
that the accused has committed the alleged act of academic
dishonesty for which the penalty was imposed.
(4) A written decision specifying the Academic Review Board's
determination of the appeal and the student's right to appeal an
adverse decision, as provided in
ñ 4.04(K) and (L).
(5) Challenge the seating of any board member for good cause.
The dismissal of a challenged hearing board member shall be at the
discretion of the Hearing Board chairperson. If the chairperson is
challenged, he/she may be excused at the discretion of the
majority of the hearing board.
(6) Have his/her case heard only on the misconduct specified in
the written notice.
(7) If a formal hearing is approved by the Academic Review
Board, the additional rights to
(a) At least 72 hours notice of the time and place of the
hearing.
(b) Testify or remain silent at his/her option.
(c) Challenge the admissibility of evidence.
(d) Confront or cross examine all available adverse witnesses.
(e) Present witnesses.
(f) A public or closed hearing. A public hearing can involve only
a limited number of spectators, and appropriate control measures
will be established by the Dean of Students. If there is difficulty
with crowd control, the chairperson of the Academic Review Board
can designate those parties to be present.
(g) A student who fails to appear before the Academic Review
Board in accordance with proper notification shall be deemed to
have waived his/her rights to be present during the presentation of
evidence to the Board, to know the evidence against him/her, to
present evidence in his/her own behalf, and to exercise reasonable
cross-examination of witnesses appearing against him/her. This
waiver shall become effective if the student fails to appear at the
designated time and place of the hearing unless, prior to the time
set for the hearing, the student communicates in writing to the
Dean of Students good cause for granting a continuance of a
scheduled hearing.
(H) The Academic Review Board shall first review all written
documentation submitted to it by the appellant and the instructor
and, if necessary, conduct a preliminary investigation to determine
if a full evidentiary hearing by the Board is necessary. If the Board
determines that a full evidentiary hearing is not necessary to
insure that fundamental fairness is extended to both the student
and the instructor involved, the Board shall forthwith render its
determination of the appeal.
(I) If a formal hearing is approved by the Academic Review
Board, the Board shall inform the appellant, the instructor, the Dean
of the College of Law, and the Office of the Dean of Students of that
determination.
(J) The formal hearing shall be conducted in accordance with the
appellant's rights as specified ñ 4.04(G) and in accordance with the
following procedures:
(1) The chairperson is in charge of maintaining an orderly
discussion throughout the hearing. Proceedings should be
conducted with fitting dignity and should reflect the importance
and seriousness of the hearing. Any person who fails to follow the
instructions of the chairperson, after a warning, shall be referred
to the Dean of Students for appropriate disciplinary action.
(2) The Dean of Students or his/her designee shall present such
evidence as he/she has at the hearing, including any witnesses.
He/she shall not present written statements as evidence, unless
circumstances make such presentation necessary and unavoidable.
Under similar restrictions the accused may present written
statements in his/her defense. Unsigned statements shall not be
admitted as evidence.
(3) After the presentation of evidence by the Dean of Students,
the accused shall be allowed to present all relevant evidence.
(4) During Board deliberations all persons except the board
members shall be excused from the hearing room. All matters upon
which the decision may be based must be introduced at the hearing,
and the decision shall be based solely upon the evidence presented.
No mention will be made during the hearing of the student's
previous disciplinary record, unless appropriate as rebuttal to
character evidence introduced by the accused.
(5) A board member shall not discuss cases prior to or after the
hearing. The information received by members of a judicial board
during a case is considered strictly confidential.
(K) If the Board supports the determination made by the
instructor, the case is terminated. However, an appeal based upon
procedural due process may be made to the Student Tribunal in
accordance with its prescribed procedures by notifying the Office
of The Dean of Students within (7) calendar days of written notice
of the Board's determination.
(L) If the Board makes findings and recommendations at
variance with the determination of the instructor, these
recommendations shall be forwarded to the instructor and the Dean
of the College of Law.
(1) If the instructor accepts the recommendations of the Board,
the case is terminated.
(2) If the instructor elects not to follow the recommendations of
the Academic Review Board, the student may appeal the penalty to
the Student Affairs Council in accordance with its prescribed
procedures by notifying the Office of the Dean of Students within
seven (7) calendar days of written notice of the instructor's
election.
(a) If the Student Affairs Council supports the determination of
the instructor, the case is terminated.
(b) Any other recommendation of the Student Affairs Council
will be forwarded to the Chancellor for final adjudication.
(c) The results of the appeal shall be forwarded by the Office of
the Dean of Students to the administrative head of all academic
units involved.
(M) The decision of any Board or administrative officer of The
University of Tennessee is subject to review by the Chancellor and
the President of the University of Tennessee.
4.05 Matters referred to the Academic Review Board pursuant to
4.02(c) shall be governed by the procedures set forth in Hilltopics.
4.06 In the event an individual has been adjudicated guilty of an
act of academic dishonesty committed while he/she was enrolled in
the College of Law, or was penalized by an instructor in the College
of Law for acts of academic dishonesty, and such adjudication or
penalty has not been appealed or has been upheld upon appeal, the
College of Law shall report such fact to duly authorized bar
examiners when requested to report on that individual's academic
record at the College of Law.
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