IN THIS SECTION

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Investigatory Hearing

  • Upon completion of his/her investigation, the Code Advocate shall notify the Chairperson of the Honor Board. The Chairperson shall arrange for a hearing of the Investigative Panel at the earliest possible time. No members of the Adjudicative Panel for that case may be present. At that hearing, upon a determination that a quorum is present, the Code Advocate shall present his/her report of facts to the Panel in the presence of the respondent. The Panel shall then dismiss the respondent, his/her counsel, the Code Advocate, and any nonmembers of the Panel, except the nonvoting faculty participant. The Panel shall then, by majority vote, determine whether there is sufficient cause to go forward. The Panel’s decision shall be based solely upon the facts presented, interpreting them in a light most favorable to the respondent. If the Panel feels that there are insufficient facts upon which to base a determination, the Panel may, but need not, renew the investigation.
    • Upon a determination of sufficient cause, the Panel shall, upon a majority vote, determine the exact charges against the respondent under Section III of this Code. The Panel shall then notify the respondent and the Code Advocate of the determination of sufficient cause and of the exact charges against the respondent, and shall make available to the respondent a complete copy of the Code Advocate’s report.
    • Upon a determination that there is insufficient cause to go forward, the Panel shall notify the respondent and the Code Advocate that all proceedings before the Honor Board concerning the complaint have been terminated.
  • Upon a determination of sufficient cause, the Code Advocate shall arrange with the Chairperson of the Honor Board for a hearing and adjudication by the Adjudicative Panel of all evidence. The time and date for such hearing and adjudication shall be set to permit the respondent sufficient time to prepare his/her response to the charge(s) and the evidence.

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Adjudicatory Hearing

  • For the purposes of this section, “party” or “parties” shall mean the respondent, his/her counsel, and the Code Advocate.
  • At the designated time and place for the hearing, the Adjudicative Panel shall determine that:
    1. A quorum is present;
    2. All parties are present and prepared to proceed; and
    3. All other persons have left the room unless the respondent has requested that the hearing be open to the public.
  • At the opening of the adjudicatory hearing the following motions may properly be made by any party. Upon the presentation of such motions, the Adjudicative Panel must issue a prompt ruling by a majority vote.
    1. A motion to continue the proceedings to a later date. Only one such motion will be granted to any one party as a matter of course without a showing of just cause. Motions for additional continuances shall only be granted after a showing of just cause. No continuance shall be granted which exceeds a reasonable length of time under the circumstances.
    2. A motion to exclude witnesses except for that time when their testimony is being heard. Such a motion need not show cause, but shall include provisions, satisfactory to the Panel, for the prompt summoning and appearance of the witnesses.
  • The respondent shall then have the opportunity to enter a plea. In the event of an entry of a plea of “no violation”, the hearing shall proceed according to subsection (e). In the event of an entry of a “violation” plea to the charge(s) against the respondent, the Panel shall proceed in accordance with subsection (e)(12) of this Section.
  • The adjudicatory hearing shall then proceed as follows:
    1. The Code Advocate shall present all the evidence developed in his/her investigation in light of the charges against the respondent.
    2. Following the presentation of evidence by the Code Advocate, the Panel may, on its own motion, find that a case for clear and convincing evidence has not been made and thereby dismiss all or part of the charges against the respondent.
    3. Following the presentation of evidence by the Code Advocate, the respondent may present any evidence he/she has developed.
    4. All procedures of this Code are patterned after a noncriminal administrative proceeding under which all questions involving criteria for the admissibility of evidence should be determined. Therefore, in the presentation of all evidence, the operation of the rules of evidence, including the hearsay rule and its exceptions, shall be relaxed. Any oral or documentary evidence may be received. However, the Panel, by a majority vote, shall exclude unreliable, irrelevant, immaterial, or unduly repetitious evidence, but for purposes of the record, offers of proof are allowed.
    5. The Adjudicative Panel shall have the power to summon all necessary witnesses to testify at the adjudicatory hearing. Failure, knowingly or without justification, by a summoned witness to appear or testify is a failure to cooperate pursuant to Section III (b) of this Code.
    6. The respondent shall have the right to summon witnesses to testify on his/her behalf through the Adjudicative Panel pursuant to Section X (e) (5) of this Code.
    7. Witnesses shall first be questioned by the party which summons them, and thereafter, they may be questioned by the other party, and then by the members of the Panel.
    8. Strict distinctions between direct, cross, or redirect examination are not required. The primary consideration in every stage of the examination procedure is one of fundamental fairness to all concerned.
    9. Following the presentation of all evidence by the Code Advocate and the respondent, including questions by the student members of the Panel as to such evidence, the Code Advocate and the respondent may, but are not required to, present closing statements. It should be understood that the respondent shall always, in every case, have the right to be the last to speak. The Panel may not interpose questions during the closing statements, but the Panel may ask questions regarding the closing statements and after both statements are finished.
    10. Following closing statements, if any, the Panel shall exclude from the hearing room all persons, including the Code Advocate, and the respondent, who are not voting members of the Adjudicative Panel, except the nonvoting faculty participant. The Panel shall then deliberate and decide whether the conduct evidenced constitutes a violation of this Code. During such deliberation the Panel may recall the respondent and the Code Advocate, but only together, and pose questions in clarification of the evidence previously presented. No new evidence may be introduced at that time. No one shall be found to have violated this Code except on the determination by the Adjudicative Panel that conduct constituting a violation has been established by clear and convincing evidence. Such a finding may be made only by a majority vote of the Panel as defined in Section XIV (e).
    11. Upon a finding that conduct constituting a violation has NOT been established, the Panel shall so notify the respondent. Such a finding shall establish the innocence of the respondent and shall bar all further action in his/her case, as regards that specific charge(s). After dismissal of all persons, including the Code Advocate and the respondent, who are not voting members of the Adjudicative Panel, except the nonvoting faculty participant, a member of the Panel voting in the majority shall be appointed to prepare a statement of facts and findings of the case based upon all records. The Code Advocate’s records and all tape recordings of all proceedings connected with the case may be used in preparing said statements of facts and findings. The statement of facts and findings shall be written in accordance with Appendix H of this Code.

      A member voting in the minority may also submit a dissenting opinion, drafted in any form. Such member may also use records of the case to prepare his/her dissent. Upon termination of the use of records of the case by any members of the Adjudicative Panel for the purpose of writing the statement of facts and findings and/or any dissents, the Chairperson shall be responsible for the destruction of all such records except the statement of facts and findings and any dissents. All such statements and opinions, with names and identifying facts deleted, shall become part of the permanent records of the Honor Board for use in later cases. The respondent may have a copy of such statements and opinions upon request.
    12. Upon a finding that conduct constituting a violation HAS been established, the Panel shall immediately so notify the respondent. The respondent shall then immediately be given an opportunity to present statements in mitigation. The Code Advocate, respondent, and any persons not members of the Adjudicative Panel, except the nonvoting faculty participant, shall then be dismissed and the Panel shall consider all mitigating and extenuating circumstances presented to it, if any, in reaching a conclusion as to the seriousness of the violation and the sanction to be recommended. Once the Panel has determined the recommended sanction, the respondent shall immediately be so notified.

      After dismissal of the Code Advocate, the respondent and any other persons not members of the Panel, except the nonvoting faculty participant, the Panel shall appoint a member voting in the majority to prepare a statement of facts and findings of the case, including the sanction to be recommended. A member voting in the minority may also submit a dissenting opinion. The statement of facts and findings of the case and any dissenting opinion shall be prepared in the manner prescribed in Appendix H of this Code. All the records of the case, including the statement of facts and findings and any dissenting opinion shall be preserved by the Chairperson until all appeal procedures have been terminated or until the time for submitting a petition for review pursuant to Section XI of this Code has elapsed. Thereafter, all records of the case, including the statement of facts and findings and any dissenting opinion shall be dealt with in the same manner as is prescribed in subsection (e)(11) of this Section.
  • Sanctions:
    1. The authority to impose any particular sanction resides in the Dean of the College of Law. The power of the Adjudicative Panel is only to recommend that a particular sanction be imposed. The recommendation of the Adjudicative Panel, although not binding, should be adhered to whenever possible.
    2. If the recommended sanction in any case involves the respondent’s grade or credit for a course, the Adjudicative Panel shall obtain approval of the recommended sanction from the professor for that course before submitting the recommended sanction to the Dean.
    3. In any particular case, the Adjudicative Panel may recommend a corrective sanction or a disciplinary sanction. The Adjudicative Panel shall, both in notifying the respondent of the recommended sanction and in its statement of facts and findings, clearly specify under which of the following subsections a sanction is recommended.
      • Corrective Sanctions
        A corrective sanction shall be recommended where the Adjudicative Panel in its discretion determines that, in view of all circumstances, a violation does not warrant disciplinary action but does require admonition of the respondent and/or remedy of the consequences of the violation. Corrective sanctions shall not be construed to be in the nature of disciplinary action. Sanctions recommended under this subsection may include:
        1. Admonition through temporary annotation of the respondent’s official transcript showing the violation(s) and attachment of the statement of facts and findings and mitigating circumstances for a period not to exceed one year.
        2. A lower grade in the course in which the violation occurred.
        3. A lower grade for the particular examination or assignment out of which the violation arose.
        4. Restitution for library materials taken or destroyed.
        5. Any other measure the Adjudicative Panel deems appropriate to rectify the consequences of the violation.
      • Disciplinary Sanctions
        For any violations of this Code for which a sanction under this subsection is recommended, the official transcript of the violator shall be annotated to show the violation with an attached statement of facts, findings, and mitigating circumstances. Sanctions under this subsection may include:
        1. Any sanction set forth in Section X (f) (3) (A)(ii) through (v).
        2. Public reprimand through publication of the statement of facts and findings in the case.
        3. No credit in the course in which the violation occurred.
        4. No credit for all courses in the quarter in which the violation occurred.
        5. Suspension for a period of up to one year. When suspension is recommended, credit for all courses taken during the quarter in which the violation occurred may, but need not, be withheld.
        6. Expulsion from the College of Law.
        7. Any other measure the Adjudicative Panel deems appropriate considering the seriousness of the violation.
  • The imposition of any recommended sanction shall be delayed until appeal procedures have terminated or until the time in which to appeal has elapsed, at which time the recommended sanction shall be forwarded along with the statement of facts and findings and any dissenting opinion to the Dean of the College of Law.

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Appeal Procedure

  • Any final decision of the Adjudicative Panel in which a sanction has been recommended may be appealed to the Review Board upon the petition of the individual against whom the sanction has been recommended.
  • Scope of appellate review:
    • The findings of fact of the Adjudicative Panel shall be considered to be conclusive unless clearly erroneous on the whole record.
    • The Review Board may fully review the action taken and the sanction recommended by the Adjudicative Panel. The Review Board may then, by majority vote, affirm the findings of the Adjudicative Panel, affirm or reduce the recommended sanction, reverse and remand the case to the Adjudicative Panel for further proceedings, or reverse and dismiss all or part of the charges. The Review Board may also hear the case de novo if it determines, by a four-fifths majority, that the Panel could not render a fair and impartial decision on remand. In any de novo hearing conducted by the Review Board, the Review Board shall be guided by the procedures applicable to an original proceeding by the Adjudicative Panel insuring that the respondent shall have all of the due process rights he/she would have in proceeding before the Adjudicative Panel.
  • Procedure for Review:
    • A petition for review must be submitted to the Chairperson of the Review Board within thirty (30) days after the Adjudicative Panel has decided that a sanction should be recommended. In the interest of fairness to the individual found in violation of this Code, the appeal process should be expedited to the extent possible and reasonable.
    • Upon receipt of the petition, the Chairperson of the Review Board shall immediately forward a copy to the Chairperson of the Honor Board.
    • The Chairperson of the Honor Board shall then, within ten (10) days after receipt of a copy of the petition, submit the whole record of the case, as defined in Section XIV (f) of this Code, to the Review Board.
    • The Chairperson of the Review Board shall convene a meeting of the Review Board at the earliest possible opportunity following receipt of the whole record of the case.
    • In making its review, the Review Board may consider the whole record of the case. The individual found to have violated this Code shall be allowed to present, through oral and/or written argument, his/her reasons for a change in the findings of the Adjudicative Panel. Such reasons shall include, but shall not be limited to, the existence of new evidence not presented or considered by the Adjudicative Panel and arguments which go to the fairness and impartiality of the hearing before the Adjudicative Panel within the meaning and spirit of this Code. But failure by the Investigative or Adjudicative Panels to follow the precise procedures set forth under this Code shall be deemed harmless error unless it is clearly shown to have caused prejudice or to have violated minimum due process rights of the respondent. A member of the Adjudicative Panel voting in the majority and the Code Advocate shall appear in rebuttal.
    • Following argument and review of the whole record, the Review Board shall make its determination in closed session pursuant to subsection (b)(2) of this section.

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Composition of the Honor Board

  • Generally
    The Honor Board will be composed of one nonvoting faculty member, selected by the faculty, and nine members from among the student body of the University of Denver College of Law, to be elected in accordance with the procedures set forth in subsection (d) of this section. Newly elected members of the Honor Board shall take office immediately upon election. The newly formed Board shall have jurisdiction over any case pending before the prior Board which has not progressed past the procedures outlined in Section VIII (a) (2) of this Code. The names and phone numbers of all current Honor Board members shall be posted permanently and conspicuously on the Student Bar Association bulletin board.
  • Eligibility
    Any student at the College of Law in good standing who shall not graduate prior to the completion of the term he/she seeks shall be eligible to serve on the Honor Board.
  • Nominations
    Nominations shall be held seven days prior to regular elections and shall take place for three days. The nomination of each candidate must be supported by a petition of not less than ten (10) signatures of students eligible to vote for the position sought by the nominee. Completion of the nomination form available shall suffice, although any other similar form is also acceptable.
  • Elections
    • Regular elections. Regular elections will be held during the Spring Semester of each academic year under the direction of the Senate of the Student Bar Association. Members of the Honor Board shall be elected from among those properly nominated as follows:
      • Members of the Day Division
        • who have completed not more than one academic semester in law school shall elect two (2) students from among those nominated who have also completed not more than one academic semester in law school. The student receiving the most votes shall serve a twoyear term. The student receiving the next highest number of votes shall serve a oneyear term.
        • who have completed more than two academic semesters in law school shall elect two (2) students from among those nominated who have also completed more than two academic semesters in law school. The two students receiving the most votes shall each serve a oneyear term.
      • Members of the Evening Division
        • who have completed not more than one academic semester in law school shall elect one student from among those nominated who have also completed not more than one academic semesters in law school. The student receiving the most votes shall serve a twoyear term.
        • who have completed more than two academic semesters in law school shall elect two (2) students from those nominated who have also completed more than two academic semesters in law school. The two students receiving the most votes shall each serve a oneyear term.
  • Vacancies
    • A position on the Honor Board shall be deemed vacant
      • upon receipt by the Senate of the Student Bar Association of a written resignation addressed to the Senate of the Student Bar Association; or
      • by the failure of the person holding the position to register for two semesters in any three consecutive semesters falling within his/her term as determined by the administration and faculty of the College of Law; or
      • by the member’s termination of studies at the College of Law; or
      • by the member’s death or incapacity; or
      • upon the member’s removal by the Dean of the College of Law pursuant to a petition showing good cause for such removal submitted by all the remaining members of the Honor Board.
    • In the event of a vacancy, the Honor Board shall immediately notify the division affected. This notice shall state the position vacated, which division (as defined in subsection (d) of this section) is affected by the vacancy and when elections to fill the vacancy shall be held. Elections shall take place within four weeks of the notification and shall be governed by subsection (d) of this section. The student elected to fill the vacated position shall serve on the Honor Board for the remainder of the unexpired term of the position vacated. The student elected shall take office immediately upon election.
    • In the event the Honor Board determines that the vacancy should be filled before special elections are held, the President of the Student Bar Association shall appoint a member of the Student Bar Association Senate to serve as a member of the Honor Board in the interim.
    • In the event the Chairperson of the Honor Board is the student who has vacated his/her position on the Board, the Board shall not elect a new permanent Chairperson, pursuant to subsection (f) of this section, unless all elected members are present.
  • Chairperson
    • After each regular election, the Honor Board shall elect from among its student members a Chairperson. The Honor Board shall not elect a permanent Chairperson unless all nine student members are present.
    • The Chairperson’s duties shall include the following:
      • Notifying all members of the Honor Board and the nonvoting faculty participant of pending meetings and hearings;
      • Conducting meetings and hearings of the Board in a proper and orderly manner;
      • Keeping and maintaining all permanent records of the Honor Board;
      • Notifying the Dean of the College of Law of any and all findings of violations and recommended sanctions; and
      • Any other duties specifically required of the Chairperson under other sections of this Code and/or which the Honor Board might deem necessary to aid the efficient and fair operation of this Code.
    • The Chairperson shall have the right to participate in every case and vote as any other member of the Honor Board in all business conducted by the Honor Board, except as otherwise provided by this Code.
  • Nonvoting Faculty Participant
    A member of the faculty of the University of Denver College of Law, designated by the faculty of the College of Law as a nonvoting participant on the Honor Board, shall have the right to participate in all meetings and to take part in the deliberations of the Honor Board. The nonvoting faculty member is a part of the Honor Board in order that the Honor Board may benefit from the faculty’s experience and knowledge; however, the proceedings of the Honor Board are intended to be primarily a student process.

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Composition of the Review Board

The Review Board will be composed of five (5) members as follows:

  1. The President of the Student Bar Association;
  2. Two members of the faculty of the College of Law to be selected in any manner and for terms to be determined by the faculty;
  3. The Associate or Assistant Dean for Academic Affairs of the College of Law, or his/her representative, who shall serve as Chairperson of the Review Board. The Chairperson shall be counted in determining a quorum and shall have a vote in all matters considered by the Board.

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Definitions

For the purposes of this Code:

  • The term “student” means any individual participating in any academic matter at the University of Denver College of Law, who is not a member of the faculty or administration.
  • The term “academic matter” means:
    • Any course of study offered by the University of Denver College of Law including, but not limited to, examinations, research, and any other assignment to be done for a course, whether it is to be before, during, or outside the time allotted for class.
    • Any work which is done in whole or in partial satisfaction of requirements to receive credit for participation in any activity for which credit is given, without reference to the locus of such activity, including but not limited to, internships and externships.
  • The term “quorum” as applied to the Honor Board shall mean:
    • With respect to an initial hearing under Section VIII of this Code, at least five (5) members eligible to vote in the matter pending before the Honor Board.
    • With respect to hearings conducted by the Investigative and Adjudicative Panels of the Honor Board, all three (3) members of each panel, in the event a quorum of the Adjudicative Panel cannot be assembled at any time during the proceedings before that Panel due to the creation of a vacancy, the vacancy shall be filled pursuant to Section XII (e) of this Code and the Panel shall hold a new adjudicatory hearing unless the respondent and the remaining members of the Panel waive the requirement of a quorum and continue the proceedings as if a quorum were present.
    • With respect to all other business conducted by the Honor Board as a whole, at least five (5) voting members of the Honor Board, unless otherwise provided.
  • The term “quorum” as applied to the Review Board shall mean all five (5) members of the Review Board. The procedures of the Student Bar Association and the faculty provide for the replacement or substitution of their representatives under certain circumstances.
  • Except as otherwise provided, the term “majority” for proceedings conducted by the Honor Board, the Investigative Panel, the Adjudicative Panel, and the Review Board shall mean a simple majority of those members present and voting.
  • Records:
    • The term “permanent records of the Honor Board” shall mean written statements of facts and findings, dissenting opinions, and written opinions by the Review Board, with names and facts identifying the individual(s) deleted, and any other materials which may be helpful to the operation of the Board.
    • The term “whole record of the case” with respect to a particular case, shall mean the written complaint, the investigator’s records, the Code Advocate’s records, all tape recordings, physical evidence, statements of facts and findings by the Adjudicative Panel, and any dissenting opinions.

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Operation

  • All incoming students to the College of Law shall be given a copy of this Code with matriculation materials. As a condition of matriculation, each incoming student shall be required to submit to the Chairperson of the Honor Board a statement that he/she will read and be bound by the provisions and actions of the Code of Student Conduct of the University of Denver College of Law. The statement shall be submitted to the administration of the College of Law for permanent retention in each student’s academic file.
  • The Honor Board shall present an informational program introducing themselves and the operation of the Code to the incoming class as part of the fall orientation program.

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Amendments

This Code of Academic Conduct may be amended by an affirmative vote of twothirds (2/3) of the voting members of the Student Bar Association Senate under the powers of Article III, Section 7 of the Constitution of the University of Denver College of Law Student Bar Association and shall become effective only upon the adoption by a majority vote of the members of the Student Bar Association (voting within two weeks after the passage of the amendment by the Senate); acceptance by the faculty of the College of Law; and acceptance by the Board of Trustees of the University of Denver.

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Adoption, Acceptance, Implementation, and Revocation

  • This Code of Academic Conduct shall not be effective until adopted by a majority of the members of the Student Bar Association who vote in a special election for that purpose, and accepted by the faculty of the College of Law, by the Dean of the College of Law, and by the Board of Trustees of the University of Denver in accordance with their respective established procedures. Upon adoption, copies of this Code shall be made available to all students at the College of Law. Beginning on the first day of the Winter Quarter of the 1981-82 academic year, this Code shall be binding upon all students and members of the faculty and administration at the College of Law.
  • Upon acceptance of this Code of Academic Conduct, the then existing members of the Honor Board shall continue in their respective positions until each of their terms expire and regular elections, pursuant to Section XII of this Code, shall take place.
  • Continued operation of this Code of Academic Conduct shall be subject to revocation by the Board of Trustees of the University of Denver, by the faculty of the College of Law, or by the students of the College of Law in accordance with their respective established procedures.

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