/Institutions/Wilmington-University/json/2023-2024/2023-2024-School-of-Law-Catalog-local.json

/Institutions/Wilmington-University/json/2023-2024/2023-2024-School-of-Law-Catalog.json

Procedures for Honor Code Violations

Faculty members are given the freedom to discern which level of academic integrity infraction requires formal intervention. For example, students who exhibit minor levels of citation errors in first year legal writing courses may benefit from a personal conference during which the faculty explains the infraction and offers the student an opportunity to redo part or all of an assignment.

Honor Code Review Board

The Honor Code Review Board shall meet for the purpose of handling specific problems relating to academic dishonesty and/or student misconduct of law students. The Board is composed of the following:

Chairperson

The Chairperson shall be the Associate Dean for Academics or their designee.

Other Voting Members

1. One full-time tenured law faculty member;
2. One full-time tenure, tenure-track, or non-tenure law faculty member;
3. One School of Law Senior Administrator or Academic Advisor;
4. One Vice President of Student Affairs or their designee.

Non-Voting Member

Counsel for the University shall be present to advise the Board as to any legal issues which may arise during the hearing. Counsel may also question any witnesses. Counsel shall not attend or participate in any deliberations.

Quorum

A quorum shall consist of three (3) voting members.

Recording of the Hearings

The Honor Code Review Board’s hearings shall be recorded, and the recording preserved until the matter has been concluded, including the taking of any appeals. All deliberations are confidential and are not recorded.

Burden of Proof

In order for the Honor Code Review Board to find that a student has violated the Honor Code, it must first be satisfied, by majority vote of those members present, that the allegations were established by a preponderance of the evidence.

Due Process for Honor Code Hearings

Courts have held that student disciplinary proceedings at private education institutions such as Wilmington University are not subject to the rights and privileges of the United States and individual State Constitutions. In our educational environment, the goal is to settle issues as informally as possible with “Fairness” as the guiding principle. Wilmington University believes the following elements of due process are applicable to the student disciplinary proceeding.

That the student:

1. Be notified in writing of the allegations against them and the basis for these charges.
2. Be given an opportunity for a hearing by the Student Disciplinary Committee.
3. Be notified of the date, place, and time of hearing.
4. Be given an opportunity to be heard and present witnesses on their own behalf.
5. Not be the recipient of disciplinary action which is not supported by the evidence.

The following policies, while not required to ensure due process, are established for purposes of clarity and fairness.

1. The accused may be accompanied by an advisor of their own choosing from among the members of the University community. The advisor acts in that capacity alone and may not participate in the hearing or speak for the accused. Legal counsel is only permitted when the accused has been charged with a related criminal offense. Counsel is present to advise the accused student and may not speak for accused or participate in the hearing.
2. A recording and/or written transcript of the hearing should be made. The cost of the transcript must be paid in advance of it being prepared. The cost of having a written transcript prepared shall be borne by the student. The transcript shall be prepared under the direction of the Office of Student Affairs and School of Law.
3. School of Law retains records of all charges of academic misconduct issued in accordance with this Honor Code, including decisions from all hearings, as well as the disposition of all such charges. Records of a disciplinary action shall be kept as confidential as is appropriate under the circumstances. Disclosure is generally made to the Registrar, Bursar, instructors, victims if a student is suspended, dismissed, or expelled, or otherwise has restrictions placed upon them. As a general rule, disclosure of students or disciplinary actions to disinterested third parties shall be released only with a signed request by the students or a valid subpoena (subject to FERPA (Family Educational Rights and Privacy Act) guidelines or Court Order). The disclosure could include:
   1. Specific violation and/or notices of prior misconduct;
   2. Decisions of the Honor Code Review Board or negotiated
   3. Disciplinary action;
   4. Sanction;
   5. Notice of reinstatement, if appropriate.
4. The School of Law shall report Honor Code violations and/or dismissal to the Board of Bar Examiners of the Supreme Court of Delaware or any other jurisdiction’s bar admitting authority. Students are responsible for reporting Honor Code violations and/or dismissals on their applications to be admitted to any jurisdiction’s bar, including but not limited to applications to sit for a bar examination, applications for character, fitness or other similar investigations, or any other applications necessary to gain admission to a jurisdiction’s bar.

Sanctions for Honor Code Violations

Sanctions imposed by the Honor Code Review Board may include but are not limited to the following actions:

1. Written reprimand, to be made part of the student’s official record;
2. Public censure with public redacting of name of student;
3. Loss of credit for the particular academic endeavor involved;
4. Loss of credit for the course for which the academic work involved was prepared;
5. Suspension from the University for a specified period of time. Any suspension may be followed by a probationary period and may include restriction or forfeiture of privileges;
6. Dismissal from the University with permission to reapply after a specified period of time. Conditions precedent to readmission may be established in conjunctions with such a dismissal;
7. Permanent dismissal from the University (or revocation of degree if finding of violation follows the awarding of the degree);
8. Probation for a stated period (must include terms of probation);
9. Reduction of course grade, including failure with Honor Board citation on transcript;
10. Community service (to be specified); or
11. Any other outcome the Review Board deems appropriate.

Any of the sanctions listed above may be imposed for a first offense and any subsequent offense. Sanctions are not required to be progressive. Prior infractions of misconduct shall be considered in determining the appropriate disciplinary action. The appropriate sanction shall be imposed at the discretion of the Honor Code Review Board. In order for the Board to approve a sanction, it must be agreed upon by a majority vote of those members present.

In addition to the evidence presented to the Board, the Board may consider any or all of the following factors when imposing sanctions:

1. Whether the student cooperated with the Honor Code Review Board’s investigation;
2. The nature of the violation;
3. The degree of premeditation;
4. Whether the student admitted to the alleged conduct, and/or
5. Records of previous honor code violations, if any.

Appeals of Honor Code Disciplinary Action

Within fifteen (15) business days from the date that the notification of sanctions is sent via certified mail, a written appeal of the decision may be made to a panel consisting of the Assistant Vice President of Student Affairs, Dean of Students or their designee, and two designated members of the Cabinet, or other University officials as deemed appropriate by the Vice President of Student Affairs and Alumni Relations. Any appeal must be sent via certified mail, return receipt requested, to the Vice President of Student Affairs and Alumni Relations. A copy of the appeal shall be sent to the Associate Dean for Academics.

A party may request an appeal on the grounds that the hearing was unfair. Such a request must state the specific procedure(s) violated and provide information or documentation to substantiate the allegation(s). A party may also request an appeal on the grounds that:

1. the decision was contrary to the evidence;
2. the sanction imposed is inappropriate, unreasonable, or unjust; and/or
3. there is new information which was not available at the time of the original hearing.

A request on any of these grounds must explain, in detail, the basis for the appeal.

The filing of an appeal shall not act as a stay of any suspension or dismissal. The panel shall review the appeal and determine, at its discretion, whether the appeal shall be considered upon the written and recorded record or whether a further hearing is necessary. The panel shall issue this determination within ten (10) business days from the receipt of the appeal and schedule any hearing as promptly as is reasonably possible. No member of the Honor Code Review Board shall be permitted to provide testimony concerning their individual view of the evidence or the sanction. Likewise, they may not offer testimony concerning the private deliberations of the panel. In the event that no hearing is conducted, a decision will be issued within thirty (30) days of receipt of the appeal. In the event that a further hearing is necessary, the panel shall issue its decision within ten (10) business days of that hearing.

The panel shall consist of at least two (2) of the three (3) members. Decisions of the panel shall be by majority vote of those present. Decisions of the panel shall be by majority vote of those present. Decisions of the panel shall be by majority vote of those present. The decisions of the panel shall be final.

A party filing an appeal must establish by clear and convincing evidence that the decision of the Honor Code Review Board should be reversed. The appeal panel may amend the penalty either upward or downward if convinced by clear and convincing evidence to do so. In the event that the appeals panel consists of only two (2) voting members and they are split as to the result, the decision of the Honor Code Review Board shall not be disturbed.