FCSL Honor Code

ADOBE ACROBAT PDF FORMAT
CLICK TO OPEN IN NEW BROWSER WINDOW

2003 - 2004 Honor Court

CLICK TO OPEN IN NEW BROWSER WINDOW

Students at the Florida Coastal School of Law must exhibit high standards of academic and professional responsibility in order to enter the legal profession. The principles of honesty and personal responsibility are essential for the proper practice of law. The Florida Coastal School of Law believes that those who intend to enter this profession cannot await graduation but must now begin to live by these principles.

This Honor Code details the obligations of the students with regard to academic integrity, outlines the jurisdiction of the Honor Court , defines prohibited conduct, provides sanctions, and establishes the procedures to be followed when a violation of the Code is alleged.

The primary goals of the Honor Court procedures are to:

1. Create a simplified structure;
2. Create an initial set of administrative adjudicative procedures to minimize litigation;
3. Ensure involvement of students, faculty, and administration in enforcement;
4. Maintain confidence that the system will work, that violators will be punished, and that any accused student will be treated fairly.

A student is on notice of this Code and its provisions by virtue of enrollment at the Law School . Copies are to be distributed by the Director of Admissions or their designate to every student enrolling for the first time at the Florida Coastal School of Law. Copies are to be placed on reserve in the Library and are to be made available at the office of the Student Bar Association.

Violations of the FCSL Honor Code shall be either academic or disciplinary in nature. Any conduct by a student that tends to gain or give an unfair advantage for any student in any academic matter or matter related to academic credentials shall be considered an academic violation of this Code. The disciplinary body does not have to prove that any advantage was achieved by the student, only that the student acted knowingly or recklessly with respect to the specific violation. Academic violations shall be addressed by the FCSL administration unless the Dean determines that the Honor Court is better suited to handle the complaint. Disciplinary violations shall be addressed by the Honor Court . A disciplinary violation occurs when, among other things, a scholastic standard is not the sole issue.

The following conduct, while not exhaustive, shall constitute a violation of this Code:

A. Plagiarism - Appropriation of any other person's work without acknowledgment in any work submitted in any academic pursuit or law school competition, including but not limited to research or seminar papers, examinations, law review or moot court.

B. Cheating - Any act of fraud or deception by which the offender improperly gains or attempts to gain a benefit or advantage from the school, its faculty, staff, fellow students, or other persons in connection with the school. Examples of this offense include, but are not limited to the following:

1) Giving or securing information about an examination, except as authorized by the examining professor;
2) Copying or consulting books, papers, or notes of any kind during the examination, except as authorized by the examining professor;
3) Unauthorized talking during an examination, which creates a presumption of cheating;
4) Failing to report advance knowledge of any question on an examination not yet given.

C. Unauthorized Use or Destruction of Property or services - Examples of this offense include, but are not limited to, the following:

1) Stealing or destroying the notes, books, or e-mail of students;
2) Vandalizing or hiding of library books;
3) Stealing or destroying other school property or the property of others;
4) Using school property or the property of others, including e-mail, without the proper authorization.

D. Harassment - A serious and unreasonable assault upon, threat against, or interference with the work or study of a member of the faculty or staff or a student at the school.

E. Disruptive Activities - Serious and unreasonable disruption or interference with, or any attempt to seriously and unreasonably disrupt or interfere with the conduct of classes or any other activities of the school.

F. False Witness - Knowingly making a false report that another student has violated this Code.

G. Obstruction of justice - Failing to report a known violation of this Code to the professor of the relevant course, the Dean's office, or the Honor Court or failing to reveal fully any knowledge or evidence concerning an alleged violation on proper request of an officer of the Honor Court, the Dean or his representative, or an accused student and/or their representative.

H. Perjury - Knowingly misstating a material fact in testimony presented before the Honor Court or to the Dean.

I. Contempt of Court - Willfully failing or refusing to comply with any order of the Honor Court or the Dean's Office in a matter related to this Code.

J. Confidentiality of Code Violation Proceedings - Violating any duty of confidentiality imposed by this Code by any student, Honor Court officer, or student representative.

K. Other Conduct - Engaging in conduct, not otherwise covered by any other provision of this Code, involving dishonesty, fraud, deceit, or misrepresentation with regard to activities or programs related to the Law School , which adversely reflect upon his or her fitness to remain a student at the Law School .

A. Beginning of the Process:

1) When used herein, the title "Dean" shall mean the Dean of Students or his or her designated representative unless stated otherwise.

2) Complaints may be made by students, faculty, administrators, staff members, or the Dean Any complaint must be sworn to and signed by the complainant. The complaint should clearly set forth the alleged Honor Code violation, the circumstances surrounding the alleged Honor Code violation, the date of the alleged violation, the date the complaint is drafted, the accused name, and the complainant's name, address, phone number, or box number.

3) Complaints can be directed to either the Clerk of the Honor Court or the Dean of Students. Reports of suspected Honor Code violations must be submitted within 30 days of the discovery of the suspected violation.

4) If a report is submitted to the Dean of Students, the Dean has the authority to investigate the alleged violation of the Honor Code before beginning any formal disciplinary procedures. The Dean may also forward the complaint to the Chief Justice of the Honor Court . If the Dean decides to retain the case, the Dean shall assign a faculty member to act as investigator. The student shall be provided an opportunity to present his or her version of the incident. If the Dean believes there is clear and convincing evidence that supports the alleged violation, the Dean may either determine the appropriate sanction, and retain any appellate jurisdiction, or the Dean may refer the case to the Honor Court Appeals Committee who shall then make a final determination of innocence or guilt and, if applicable, the appropriate sanction.

5) If a report is submitted to the Honor Court , the Clerk of the Court must notify the Chief Justice who shall then notify the Dean of Students as well as the Prosecutor. The Prosecutor shall conduct an investigation into the alleged violation and gather all relevant evidence concerning the alleged Code violation. If, after a two week time period, the Prosecutor believes the evidence is insufficient to justify a prosecution, the Prosecutor shall notify the Chief Justice and the Dean. If the Dean agrees that the evidence is insufficient to justify the start of formal court proceedings, the case may be dismissed. However, if the Prosecutor believes there is sufficient evidence to support a probable cause determination, the Prosecutor shall forward his or her determination to the Chief Justice and the Dean who shall then make the final determination of whether to continue with the formal court procedures. Prior to the forwarding of his or her report to the Dean and Chief Justice, the Prosecutor must send notice by registered mail or personal delivery to the accused. The notice shall contain a brief explanation of the complaint, an explanation that an investigation is taking place, that the Prosecutor will be forwarding his or her findings to the Dean and Chief Justice who will then decide whether to institute formal court proceedings. The notice shall instruct the student to refer to the Honor Code for any questions he or she may have and a date certain that he or she will receive notice of the outcome.

6) The Accused may declare his guilt at any time after the issuance of a complaint and thus avoid further proceedings.

B. Grand Jury Proceedings:

I) After it has been agreed upon that there exists sufficient evidence to support a probable cause determination and notice has been sent to the accused notifying him or her of the initial outcome, the Dean of Students shall promptly begin grand jury proceedings. Five law students shall be selected at random by the Dean to meet with the Dean and Chief Justice no later than two weeks after the initial determination as explained in section IV (3) and (4). During the meeting, the Dean shall select three students who do not have any scheduling conflicts to serve on a grand jury to determine whether probable cause exists to believe an Honor Code violation has occurred. The Dean must also inform the five random students of their duty to keep all grand jury proceedings confidential and any breach of confidentiality shall be considered an Honor Code violation. At the meeting, the Dean, Chief Justice, and the three grand jurors shall select a date, time, and place for the grand jury proceeding, not to exceed a two week time period unless specific circumstances require otherwise. The circumstances of the complaint shall be addressed only to complete the appointment of the grand jury.

2) After the grand jury has been selected, the Chief Justice shall notify the Prosecutor of the date, time, and place of the grand jury proceeding. The Prosecutor must then notify the accused in writing of the grand jury proceeding. The notice may be sent by registered mail or personal delivery The notice must contain the actual complaint, the date, time, and place of the proceeding, and the accused's right to address the grand jury and have a member(s) of the Student Defense Council present . The accused will not be given the opportunity to address his or her accuser at the grand jury proceedings.

3) The Prosecutor must provide the Chief Justice with copies of the items of evidence that support his or her finding that probable cause exists to prosecute the accused for violation of the Honor Code. The original pieces of evidence shall be filed with the Clerk of the Court who shall provide the original evidence on demand of the Prosecutor or Chief Justice. The Prosecutor must provide the grand jury with an explanation of why he or she believes that probable cause exists and remain available to answer any questions the grand jurors may have about the complaint. The Prosecutor shall provide the grand jurors with the evidence he or she has gathered. At the conclusion of the grand jury proceeding, the grand jury shall return the evidence to the Prosecutor in a sealed envelope provided to the grand jurors by the Chief Justice.

4) The Chief Justice shall be responsible for beginning the grand jury proceeding by reminding the jurors of their duty of confidentiality and have each juror sign a statement pledging to keep the proceedings confidential.

5) The grand jurors, after examining the evidence and deliberating, must determine whether probable cause exists to believe a violation of the Honor Code has occurred. The decision must be reached within seven days of the proceeding, although a determination immediately following deliberation is desired. A majority vote (2 out of 3) of the grand jurors shall be binding. A verdict form and envelope shall be supplied to the grand jurors to fill out and return sealed to the Chief Justice.

6) Once the verdict is delivered to the Chief Justice, he or she shall notify the Prosecutor and deliver the sealed envelope to the Dean who shall then break the seal and inform the Honor Court justices of the grand jury determination.

C. Hearing Procedure

1. Notice to Student. Upon a finding of probable cause by the Grand Jury, the Chief Justice shall notify the accused in writing, at least seven days prior to the scheduled date of the hearing, unless good cause is shown to extend or shorten this time period. Notice may be delivered personally, or by registered mail. The notice shall contain the following information:

a) the date, time, and place of the alleged violation;
b) the alleged conduct that will be inquired into;
c) the date, time, and place of the hearing;
d) the right of the student to choose up to 2 student defense counselors from the student defense council as representation at the hearing; and
e) the right of the student to elect not to testify at the hearing. No adverse inference shall be drawn if an accused student claims a legal privilege against self-incrimination in refusing to testify. The accused may be represented by up to 2 members of the student defense council or represent himself or herself. Members of the faculty or other non-student practitioners may not represent students before the Honor Court . The accused may only be represented by members of the Student Defense Council or he/she may elect to represent themselves.

2. The Honor Court proceedings shall be closed to the public unless the accused requests a public hearing, in which case, one shall be provided. The Hearing shall be tape recorded and the recording shall become part of the record. The Clerk of the Court shall be responsible for recording the hearing and for maintaining the integrity of the recording

3 There shall be no ex parte communications between any Justice, and the Prosecutor or the counsel for the Defendant or the accused. This prohibition does not apply to procedural matters.

4. The Prosecutor and Defendant shall have the right to present any evidence by witness or affidavit relating to the charge or defense. The formal rules of evidence do not apply to Honor Court proceedings. The Honor Court may consider only evidence relevant to the case.

5. The Chief Justice will decide any procedural questions and resolve any objections once the Honor Court has begun the proceedings.

6. Witnesses must be notified of their obligation to appear by the party calling them at least two days before the scheduled hearing. Witnesses must bring with them all requested items. Any witness who fails to appear shall be in violation of this Code, unless good cause is shown.

7. The Honor Court justices shall preside over the hearing. The Prosecutor shall make an opening statement and then present the evidence against the accused. The Defense may elect to make his or her opening statement at the conclusion of the Prosecution's opening or after the Prosecution's evidence has been presented. At the conclusion of the Prosecution's case in chief, the Defense may then present his or her evidence.

8. Each party shall have the right to cross-examine the opposing party's witnesses. At the discretion of the Chief Justice, the parties may also present a rebuttal if the evidence is relevant and not unreasonably time consuming. Once each party has presented his or her case, the Prosecutor shall make a closing statement and the Defense may make a closing statement. If desired, and time is not an issue, the Prosecutor may present a rebuttal.

9. The Honor Court Justices shall have the right to participate in the questioning of any witness.

10. The Court must deliberate as soon as possible after the hearing, not to exceed three days. If a majority of the court (4 out of 7) find, by clear and convincing evidence that the accused has violated a provision of the Honor Code, the Court shall then forward their decision to the Dean of Students along with their recommendations for sanctions if applicable. The Court may take into consideration any mitigating circumstances.

11. The Honor Court may orally present their decision and findings. The Court must provide a written report including findings of facts, conclusions and recommended disposition no later than one week after the conclusion of the Hearing. Concurring and dissenting opinions may also be provided.

12. The report from the Court shall be provided to the Dean of Students and the accused as soon as possible after the issuance of the decision.

13. The Dean of Students shall then review the Court's report, the entire record, and the Court's recommendations. The Dean shall then render an opinion in the case. The Dean may remand specific issues to the Court, which may include a list of questions to be answered by the Court, no later than seven days after receipt.

14. The Dean will then provide the Honor Court and the accused, in writing, his or her final opinion. If the accused is found to be guilty, a copy of the Dean's final decision shall be placed in the student's official file.

D. Student Defense Council Procedure

1. The Student Defense Council shall be composed of 2 nd year and 3 rd year law students at the Florida Coastal School of Law, who have completed a minimum of 45 hours of credit work towards law school graduation.

2. The Honor Court will receive applications from interested, eligible students for positions on the Student Defense Council beginning at the start of the fall semester and ending October 1 of the school year. *{Ending date of October 1 will be instated Fall 2004}

3. The Student Defense Council shall be comprised of at least 10 (ten) FCSL students, who have individually taken an oath to zealously represent the accused student in any and all Honor Court proceedings and Honor Code violation proceedings.

4. The Accused student may choose up to 2 (two) members of the Student Defense Council, in addition to 1 (one) alternate, to represent the student in any and all Honor Court proceedings or Honor Court violation proceedings .

5. The Honor Court shall have selected and inducted the members of the Student Defense Council before October 15 of the school year.

6. Only eligible students from FCSL may apply to the Student Defense Council. Any person accused of an Honor Code violation may only select from the Student Defense Council for representation in an Honor Court proceeding or an Honor Code violation proceeding.

7. Students who have had an Honor Code complaint filed against him/her or students who are currently on academic probation are not eligible to be a member of the Student Defense Council.

A. Right to Petition for Review

1). In all cases where the sanctions imposed by the Honor Court and/or Dean is one other than a dismissal or suspension, the accused may petition the Dean/President of the law school in writing for a review of the decision. This petition must be done within ten days of the Dean of Students' final decision. A copy of the petition for review shall be served upon the Dean of Students. The petition for review must state the reasons for review, and the Dean of Students may answer the petition within ten days after receipt.
2). The Dean/President or his or her representative may grant or refuse the right of review. In cases where the review is denied, the decision shall be final. If the Dean/President of the law school agrees to review the decision, the action by the Dean/President shall be final unless remanded for further proceedings.

B. Right to an Appeal

1). In cases where the sanction is dismissal or suspension, the student may appeal the decision to the Dean/President of the law school within 20 days after the imposition of the sanction. A copy of the notice of appeal shall be served upon the Dean of Students at this time. The student may file a written memorandum for consideration by the Dean/President with the notice of appeal and the Dean/President may request the Dean of Students or appropriate party to respond The Dean/President or his or her designee shall review the record and the notice of appeal The Dean/President or his or her designee may affirm, reverse, or remand the case for further proceedings. The Dean/President shall notify the Dean of Students and the student in writing of the decision, which shall be final unless remanded.
2). During an appeal, the student may file a written request with the Dean/President of the law school asking to attend classes while the appeal is being decided.

C. The violation or sanction may be reviewed based on whether:

1). The findings of a violation are unsupported by substantial evidence in view of the entire record.
2). There was substantial departure from the required procedures, which materially affected the fairness or reliability of the decision-making process.
3). Previously unavailable evidence which, if proven accurate, would substantially alter the finding of violation or the appropriateness of the penalty; or
4). The sanction imposed is disproportionate to the gravity of the conduct.

Upon a finding of a violation, the Dean, Honor Court , or the Honor Code Appeals Committee shall, by majority vote, select one or more of the following sanctions:

A. Expulsion without the ability for reinstatement or revocation of degree if the finding follows the awarding of a degree.

B Suspension for a stated period without right to complete missed course work or examinations.

C Probation for a stated period.

D. Recommendation to the instructor that the grade for the course be reconsidered.

E Official reprimand to be made part of the student's records

F Monetary restitution.

G. Community service for the benefit of the school or its students

A. When a complaint is filed directly with the Dean, the Dean shall notify any identified student under investigation

B. For this section, notice shall mean sending written notice by certified mail or hand delivery and shall include:

1). A photocopy of the complaint filed by the Complainant.
2). A description of the alleged conduct that constituted the violation charged.
3). Identification of the Honor Code sections alleged to have been violated.
4). The date, time, and place of the hearing.
5). A statement that the accused student is entitled to be represented.
6). Copies of all documentary evidence susceptible to photocopying.
7). A notice that any evidence not susceptible to photocopying will be made available to the accused and his/her counsel pursuant to reasonable conditions.
8). The names, addresses, and telephone numbers of all persons the Honor Court Prosecutor expects to call as witnesses, together with a written summary of the substance of each witness's expected testimony.

9.) The current list of students in the Student Defense Council who are eligible to represent the accused.

C. It is possible that not all of the information will be known at the time the first notice is due under VII (A) and (B). In such cases, all known required information should be included in the notice and any student being investigated shall be notified as soon as practicable after the relevant information becomes known.

A. Every stage of the proceedings shall be conducted without unnecessary delay. All parties shall act as expeditiously as possible, consistent with the purposes of the Honor Code. Students who are aware of possible violations of the Honor Code should report such violations as soon as they become aware of them.

B. Except for the circumstances set forth below, no complaint may be filed against a student more than six months after that student leaves the Florida Coastal School of Law.

If a student leaves the Florida Coastal School of Law and either returns or attempts to transfer this law school's credits to another law school, complaints may be filed until six months after that student graduates from law school.

A. Participants in the process shall not engage in any discussion that is not necessary to their functions, either during a pending case or after a case, which results in a finding of no violation.

B. The Dean or other official participant in the process may answer reasonable requests for information about the status or outcome of a case from a complainant.

C The Dean is responsible for publicizing to the Law School community findings of violation of the Honor Code. The Dean shall determine, in the interest of justice, whether the name of the student shall be included in the notice

D. The Dean is responsible for determining what records of disciplinary proceedings shall be kept and for how long.

A. No one may serve as an Honor Court Prosecutor, on the Honor Court, on the Student Defense Council, on the Grand Jury, or on the Honor Code Appeals Committee, for any case in which they might be called as a witness or in any other instance where there is or appears to be a conflict of interest.

B. If an Honor Court justice must excuse himself or herself from a case, the Chief Justice shall appoint a senior judge who formerly sat on the Florida Coastal School of Law Honor Court or other person deemed qualified by the Chief Justice.