IV. THOMAS R. KLINE SCHOOL OF LAW CODE OF CONDUCT
In addition to the Thomas R. Kline School of Law Code of Conduct, law students are subject to the Drexel University Code of Conduct. This Code, which covers non-academic conduct on and off campus, is available at http://www.drexel.edu/studentlife/community_standards /studentHandbook/. The provisions of the University Code are enforced by the “Procedures for Actions Under the Code of Conduct” for the law school, in consultation with the University’s Dean of Students.
Thomas R. Kline School of Law Code of Conduct
(adopted by Drexel Law faculty during Fall 2013]
General Ethical Principles
All students shall strive to maintain the highest professional and ethical standards while enrolled in the Kline School of Law. All students are governed both by this Code of Conduct and the ethical standards of the legal profession.
Prohibited Conduct
The following acts are prohibited under the Code of Conduct and subject students to the sanctions authorized under this Code:
1. Cheating. Cheating on any examination or other assignment, including but not limited to:
(a) the unauthorized giving or receiving of material aid or assistance;
(b) the unauthorized use of information;
(c) the possession of unauthorized materials during an examination;
(d) the unauthorized submission of work which has already been submitted to satisfy a course requirement in another class or required as a part of any Law Review or moot court obligation;
(e) the unauthorized receipt of assistance from any person not expressly authorized by the professor or supervisor of the activity;
(f) beginning an examination before the prescribed time or continuing to work on an examination after the announced conclusion of the examination period, unless authorized to do so by Kline School of Law officials responsible for such matters; or
(g) the giving or obtaining of any unfair academic advantage.
2. Plagiarism. Plagiarism is defined as the inclusion of someone else’s words, ideas, or data as one’s own work. When a student submits work for credit that includes the words, ideas, or data of others, the source of that information must be acknowledged through complete, accurate, and specific citations. If verbatim statements are included, those statements must be clearly identified by the use of quotation marks as well. By placing his/her name on work submitted for credit, the student certifies the originality of all work not otherwise identified by appropriate acknowledgments. Plagiarism covers unpublished as well as published sources. Examples of plagiarism include, but are not limited to:
(a) the knowing or reckless copying or paraphrasing without citation of any material written by another;
(b) the knowing or reckless submission of work as one’s own if written in whole or in substantial part by someone other than the student submitting the work;
(c) the knowing or reckless use of the language of another without identification by quotation marks or otherwise, even though the source is cited in the student’s work.
3. Misuse of Library Materials. The mutilation, destruction, concealment or wrongful appropriation of any library materials at the Legal Research Center, the Hagerty Library, or the Jenkins Law Library;
4. Recording and Reproduction of Class Lectures and Materials. Except as otherwise provided by each individual professor in their written syllabi, the audio and/or visual recording of class lectures by means of any recording device, and the copying or other form of reproduction (other than in-class notes and the composition of class outlines) of any material in any form used by a professor in a class.
5. Misrepresentation to Gain Admission. The knowing or reckless misrepresentation or non-disclosure of any material fact concerning the student’s qualification for admission to the Kline School of Law;
6. Unprofessional Conduct in any Co-Op Placement or Clinical Course. Any act or omission which violates the rules of professional conduct of the state in which the student is serving in a co-op placement or clinical course;
7. False Representation of Attendance in Class. The knowing misrepresentation of any student’s attendance in class.
8. Discrimination or Harassment. It is a violation of the Code of Conduct to engage in discrimination, harassment, intimidation, or verbal abuse of any faculty member, student, and/or staff member of the Kline School of Law or Drexel University. Harassment is defined in the University's Equality and Non-Discrimination Policy (OED-1). This policy can be found at http://www.drexel.edu/oed/policies/.
All complaints of discrimination or harassment must be filed with the Office of Equality and Diversity pursuant to the University's Equality and Non-Discrimination Policy (OED-1). This policy can be found at http://www.drexel.edu/oed/policies/.
9. Sexual Harassment and Misconduct.
The University is committed to providing an environment free from discrimination, including discrimination based on sex, and has a zero-tolerance policy concerning any and all forms of sexual harassment and misconduct. The University prohibits sexual harassment and misconduct in any form, including, but not limited to, sexual assault, sexual violence, sexual abuse, and any form of nonconsensual sexual conduct.
The University's Sexual Harassment and Misconduct Policy (OED-3) can be found at http://www.drexel.edu/oed/policies/.
The University community is strongly encouraged to report incidents of sexual violence and child abuse to Drexel University Police Department, 3219 Arch Street, Philadelphia, PA 19104 by calling 215-895-2222 or to the Philadelphia Police Department by calling 911.
Title IX of the Education Amendments of 1972 ("Title IX") prohibits discrimination on the basis of sex in any federally funded education program or activity.
For additional Title IX, Sex Discrimination, Harassment, and Sexual Assault Resources, please visit http://www.drexel.edu/oed/policies/eoLaws/Title-IX/.
10. General Unfitness. It is a violation of the Code of Conduct to engage in any act which reflects adversely upon a student’s fitness to practice law, including violence, dishonesty, breach of trust, or other unprofessional conduct, or any act which interferes with the administration of justice or programs of the law school.
11. Violation of Confidentiality of Hearings by the Judicial Panel. It is an independent violation of the Code of Conduct to breach the confidentiality of any hearing of the Judicial Panel.
Procedure for Actions Under the Code of Conduct for Allegations of Discrimination, or Harassment
All complaints of Discrimination or Harassment must be filed with the Office of Equality and Diversity pursuant to the University's Equality and Non-Discrimination Policy (OED-1). This policy can be found at http://www.drexel.edu/oed/policies/.
Procedure for Actions Under the Code of Conduct for Allegations of Gender Discrimination or Sexual Harassment
All complaints of Gender Discrimination or Sexual Harassment must be filed with the Office of Equality and Diversity pursuant to the University's Sexual Harassment and Misconduct Policy (OED-3). This policy can be found at http://www.drexel.edu/oed/policies/.
Procedure for Actions Under the Code of Conduct for Allegations other than Discrimination, Harassment, Gender Discrimination or Sexual Harassment
1. Initial Report of Potential Violation. Any student, faculty member or staff member of the Kline School of Law may report a potential violation of the Code of Conduct in writing to the Senior Associate Dean of Students’ office for investigation. Reports may be written or e-mailed directly to the Senior Associate Dean of Students. Reports should include as much specific detail as possible, including the name of the potential offender, the date and time of the violation, the nature of the violation, and any evidence of the violation that the reporting individual may have. A complaint must be filed within a reasonable time after the event complained of takes place, in view of all the surrounding circumstances.
Reports may not be made anonymously; any individual who reports a potential violation must sign the report and provide contact information to the Senior Associate Dean of Students. However, the name(s) of individuals reporting a violation will remain confidential in the Senior Associate Dean of Students’ office and will be released only with the permission of the reporting individual.
2. Notice. Upon receipt of the complaint, the Senior Associate Dean of Students shall notify the person or persons alleged in the complaint to have violated the Code that a complaint has been filed.
3. Review of the Report of Potential Violation by the Senior Associate Dean of Students. Upon receipt of the written report of a potential violation, the Senior Associate Dean of Students shall investigate the allegations made in the report. The investigation may include interviews with the individual(s) reporting the violation, the accused, as well as any other members of the law school community who may have information relating to the allegations. The Senior Associate Dean of Students shall also review any documents or other materials which relate to the allegations, including any materials the student accused of the violation may provide. The Senior Associate Dean of Students may also consult with the University’s Judicial Officer on any matter contained in the report of a potential violation.
If the Senior Associate Dean of Students has a conflict of interest with respect to the accused student, either because he is currently teaching the accused student, or he feels that his objectivity with respect to the accused student may be questioned, the Senior Associate Dean of Students may designate a full-time faculty member or a full-time administrator of the Kline School of Law to investigate the report of a potential violation.
4. Disposition by the Senior Associate Dean of Students.
(a) Dismissal. If the Senior Associate Dean of Students determines that there is no probable cause for the complaint, or that the alleged infraction is de minimis, or that the complaint was not made within a reasonable time, the complaint shall be dismissed without further proceedings, and no record of the complaint shall be retained in the official file of the student who is alleged to have violated the Code.
(i) When a complaint is dismissed, the Senior Associate Dean of Students shall inform the person filing the complaint, the accused, and the Dean of the decision in writing.
(b) Settlement. If the Senior Associate Dean of Students determines that there is probable cause to believe that a violation of the Code of Conduct has been committed, and that the alleged infraction is not de minimis, and that the complaint was filed within a reasonable time, the complaint may be disposed of on terms satisfactory to the Senior Associate Dean of Students and the accused. These terms may include either individually or in any combination:
(1) Expulsion from the Kline School of Law;
(2) Suspension from the Kline School of Law for a specific term of one year or less;
(3) Assignment of a grade of “F” for any course, seminar, clinic, or Co-Op;
(4) Withdrawal with prejudice from any course, seminar, clinic, or Co-Op;
(5) Written reprimand;
(6) Probation;
(7) An oral or written admonition;
(8) Any other conditions deemed appropriate.
If the complaint is resolved in this manner, the Senior Associate Dean of Students shall inform the Dean of the terms of the agreement and shall notify in writing the person filing the complaint of the fact that the complaint has been resolved.
If the student receives a failing grade in a first-year course due to a violation of the Code of Conduct, the student must retake the course. Since the student received a failing grade due to a violation of the Code of Conduct, both the failing grade and the grade from the retake will appear on the student’s transcript, but only the failing grade and not the grade from the retake will be factored into the student’s cumulative grade point average.
(c) Notice to Accused. Within a reasonable time from the filing of the complaint, the Senior Associate Dean of Students shall notify the accused in writing either (1) the complaint has been dismissed, or (2) that there is probable cause, the alleged infraction is not de minimis, the complaint was filed within a reasonable time, and the Senior Associate Dean of Students has determined that the matter cannot be settled. If the complaint is not dismissed or settled administratively, the Senior Associate Dean of Students shall furnish the accused with a copy of the complaint. The Senior Associate Dean of Students also shall forward a copy of the complaint to the Dean, who shall officially refer the matter to the Chair of the Faculty/Student Code of Conduct committee.
(d) Temporary Suspension. Nothing in these rules shall prohibit the Senior Associate Dean of Students from temporarily suspending a student pending adjudication of the charges, requiring a student to cease particular conduct or imposing a temporary suspension.
5. Faculty/Student Code of Conduct Committee. At the beginning of each academic year, the Dean shall appoint at least six full-time faculty members, one of whom will be designated as chair, to the Faculty/Student Code of Conduct committee. The Student Bar Association shall appoint six students to serve on this Committee. The members of the Committee will serve on Judicial Panels as needed.
6. Formation of a Judicial Panel. After referral of the matter by the Dean, the chair of the Faculty/Student Code of Conduct Committee shall appoint a hearing panel consisting of three faculty members from the Committee (one of whom will be designated chair) and two student members of the Committee. The Chair of the Judicial Panel shall insure that the members of the panel are impartial with respect to the matter and the accused. The University’s Judicial Officer or his/her designated representative will serve ex officio on the hearing panel.
7. Appointment of a Presenter of Charges. At the time of the referral, the Dean shall appoint a full-time faculty member who is not a member of the Faculty/Student Code of Conduct Committee to serve as Presenter of Charges for the hearing. The Presenter of Charges shall transmit to the accused student the notice of the Dean’s decision to refer the matter to a Judicial Panel, along with a copy of the Senior Associate Dean of Students’ or designee’s investigation report, if the accused has not yet been provided with these materials.
The Presenter of Charges shall be responsible for preparing and presenting the case to the Judicial Panel. The Presenter of Charges may also conduct additional interviews and gather information in connection with the preparation of the case before the Judicial Panel.
8. Accused Student’s Representation and Costs. An accused student may be represented before the Judicial Panel by any person other than an employee of Drexel University. Neither Drexel University nor the Kline School of Law is liable for any costs or expenses, including attorney fees and costs, incurred by the accused student in connection with any allegations filed pursuant to the Code of Conduct.
9. Procedures for Judicial Hearing:
(a) Time and Place of Hearing. Upon formation of a Judicial Panel by the chair of the Faculty/Student Code of Conduct Committee, the chair of the Judicial Panel shall convene a meeting of the Panel and set a time and place for the hearing and shall transmit written notice of the hearing date to the accused student at least ten school days before the scheduled date. In this notice, the accused shall be given the identity of the members of the hearing panel.
(b) Challenge to Panel Members. The accused may challenge for cause any member of the Judicial Panel. The challenge shall be made in writing to the Dean no later than five school days prior to the hearing. The Dean, in his sole discretion, shall determine whether there is good cause to replace a member of the Judicial Panel who is so challenged.
(c) Pre-Hearing Conference. The chair of the Judicial Panel may require the accused student and/or the accused student’s representative and the Presenter of Charges to attend a pre-hearing conference. At the conference, the chair of the Judicial Panel may require the disclosure of the general nature of the case by both parties, may order discovery if requested, and may require disclosure of any issues of law which the parties anticipate will require a ruling by the chair at the hearing.
(d) Record of Proceedings. The Judicial Panel shall insure that the hearing is tape-recorded and the tape is maintained as a part of the permanent record of the matter.
(e) Procedure for Proceedings.
(i) The Presenter of Charges and the accused student (or the accused student’s representative) shall be allowed to make opening statements.
(ii) The Presenter of Charges will then make the case against the accused student and may present evidence through documents and/or the testimony of witnesses.
(iii) Testimony will be taken under a statement by a witness acknowledging compliance with the duty to tell the truth.
(iv) The rules of evidence will not apply to the hearing. All non-cumulative evidence necessary to reach a fair resolution of the matter shall be admitted.
(v) The accused student has the right to be present at the hearing and to present evidence, cross-examine witnesses, and to have witnesses attend and present testimony on the accused student’s behalf.
(vi) The Judicial Panel may also call witnesses to testify at the conclusion of the presentations by the Presenter of Charges and the accused student.
(vii) The Chair of the Judicial Panel may rule on any procedural matter raised prior to or during the hearing. The chair’s rulings on procedural and evidentiary matters are final.
(viii) The Presenter of Charges and the accused student, or the accused student’s representative, shall have the right to make a closing argument at the conclusion of all testimony.
(ix) The hearing shall be closed to the public. Proceedings shall be confidential for all student members of the Judicial Panel. Violations of confidentiality shall constitute a violation of this Code and may be grounds for a complaint in accordance with the procedures set forth herein.
(x) The Chair shall have the authority to require any person to leave the hearing if that person acts in a disruptive manner.
(f) Deliberation. After the close of the hearing, the Judicial Panel shall deliberate on the evidence presented. All decisions of the Judicial Panel shall be reached by simple majority vote.
(g) Decision of Judicial Panel. The Judicial Panel shall determine, with respect to each alleged violation, whether the charge or charges have been established by clear and convincing evidence. Such determination shall be made by the affirmative vote of a majority of the Panel. If such determination is not made, then the alleged violation shall be deemed not proved and the charge or charges shall be dismissed.
- Notice of Decision. As soon as the Panel has reached a decision with respect to whether the Code was violated and any sanctions to be imposed, the Chair shall notify, in writing, the accused and the Dean. The notice to the accused shall include a reminder of the accused’s appellate rights as set forth in the Code in section (i) below.
(i) Review by the Dean. The student sanctioned may request within 10 school days of the notice of the decision that the Dean of the law school review the decision. Such a request must be in writing and set forth the reasons for the appeal; oral argument may be requested, and is in the Dean’s discretion to allow it. If such a request is made, the Dean shall review the report of the Panel and adopt it as the final disposition of the matter, unless he determines that the findings of fact of the Panel are not supported by substantial evidence on the whole record or that the recommended sanction is excessive, or both. The Dean shall have discretion to adopt the Panel’s finding of fact but reject the Panel’s recommended sanction, and may substitute such sanction as he finds to be justified by the record, provided that the Dean shall not adopt any sanction more stringent than that recommended by the Panel.
Sanctions for Violation of the Code of Conduct for Violations of Discrimination, or Harassment
Sanctions for Discrimination or Harassment will be determined and issued consistent with the University's Equality and Non-Discrimination Policy (OED-1). This policy can be found at http://www.drexel.edu/oed/policies/.
Sanctions for Violation of the Code of Conduct for Violations of Gender Discrimination or Sexual Harassment
Sanctions for Gender Discrimination or Sexual Harassment will be determined and issued consistent with the University's Sexual Harassment and Misconduct Policy (OED-3). This policy can be found at http://www.drexel.edu/oed/policies/.
Sanctions for Violation of the Code of Conduct for Violations other than Discrimination, Harassment, Gender Discrimination, or Sexual Harassment
Sanctions Available. The following sanctions for violation(s) of the Code of Conduct may be imposed by the Judicial Panel, either individually or in any combination:
(a) Expulsion from the Kline School of Law;
(b) Suspension from the Kline School of Law for a specific term of one year or less;
(c) Assignment of a grade of “F” for any course, seminar, clinic, or co-op;
(d) Withdrawal with prejudice from any course, seminar, clinic, or co-op;
(e) Written reprimand;
(f) Probation;
(g) An oral or written admonition;
(h) Any other conditions deemed appropriate.
If the student receives a failing grade in a first-year course due to a violation of the Code of Conduct, the student must retake the course. Since the student received a failing grade due to a violation of the Code of Conduct, both the failing grade and the grade from the retake will appear on the student’s transcript, but only the failing grade and not the grade from the retake will be factored into the student’s cumulative grade point average.
Permanent Record of Violation. If required by the Judicial Panel as a part of the sanctions levied against a student found in violation of the Code of Conduct, the University Registrar shall enter a notation on the official transcript of any student who is found to have violated the Code of Conduct. The entry shall include a summary of the nature of the violation as determined by the Judicial Panel and a summary of the sanctions imposed by the Judicial Panel. If a permanent record of the violation is made, the Dean shall report any such violation shown on a student’s transcript to any jurisdiction responsible for review of the character and fitness of the student for admission to the bar. The transcript notation cannot be expunged or removed.
Publication
The decisions of the Judicial Panel, redacted to protect the identity of the accused and other participants in the proceedings, shall be compiled and maintained by the Office of the Dean, and may be consulted by anyone in the Kline School of Law community. Recognizing that each case presents its unique factual circumstances, the Panel shall not be required to treat as binding precedent any of its prior reports or decisions.