Honor Code Guidelines
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: VIOLATIONS
CHAPTER 3: SANCTIONS
CHAPTER 4: HONOR COURT POSITIONS
CHAPTER 5: HONOR COURT PROCEEDINGS
CHAPTER 6: POST-CONVICTION PROCEDURES
CHAPTER 7: RECUSAL
CHAPTER 8: MISCELLANEOUS
1.01 Statement of Purpose
These Honor Committee Guidelines ("Guidelines") articulate minimum standards for academic conduct, the responsibilities of individuals as members of the George Mason University School of Law ("GMUSL") academic community, and the procedures for handling allegations of violations.
1.02 Persons Covered (§ 1.02 amended by action of the SBA 22 April 2001.)
This Honor Code applies to all law students at all times after admission to GMUSL and until certification of graduation from GMUSL. Writing Fellows or Dean Scholars are considered faculty and not students for purposes of the duty to report, when acting in the scope of their duties as GMUSL employees.
1.03 Scope
This Honor Code covers all on-campus activity, any off-campus school-related activity, and any activity funded wholly or in part by George Mason University (GMU).
1.04 Posting
A copy of this Honor Code shall be available to every student upon request from the Student Bar Association (SBA).
1.05 Constructive Notice
Every law student, from date of admission to date of certification of graduation, is responsible for knowing and complying with all provisions of this Honor Code.
1.06 Amendment (§§ (c) added by action of the SBA December 2000.)
(a) The Honor Code may be amended only by referendum as set forth in the SBA Constitution and bylaws.
(b) Except for referendum, the Honor Committee has sole power to propose amendments to these Guidelines. Proposed amendments become effective only on approval by the SBA Board of Governors within sixty (60) days of notification by the Honor Committee Chairman. The Honor Committee Chairman must notify the President of the SBA or the SBA President's representative within five days after a majority of the Honor Committee approves a proposed change.
(c) Upon appointment by the SBA Executive Committee, three members of the SBA Board of Governors will be designated Amending Members of the Honor Committee for the purposes of participating in the process of amending the Honor Committee Guidelines. Amending Members will attend Honor Committee meetings for the purposes of:
(1) Proposing amendments to the Honor Committee Guidelines;
(2) Discussing the merits of proposed amendments to the Honor Committee Laws;
(3) Voting to determine whether proposed amendments will be forwarded to the SBA Board of Governors for approval.
(d) All proposed amendments to the Honor Committee Guidelines shall be forwarded by the Honor Committee Chairperson upon receipt of a simple majority from a quorum of the members of the Honor Committee, and the Amending Members. A quorum shall consist of seven members, which may include any combination of Honor Committee members and Amending Members.
1.07 Requirement of Proof
All persons are presumed innocent and no person may be convicted of a violation unless that violation is proven beyond a reasonable doubt. The fact that a person has been charged with a violation does not give rise to an inference of guilt.
1.08 Duty to Report
If any student has reasonable cause to believe that an Honor Code violation has occurred, he or she shall report such violation to an Honor Committee Member.
CHAPTER 2: VIOLATIONS
2.01 Violations
It shall be a violation of this Honor Code to Lie, Cheat or Steal. The following list is illustrative of Honor Code violations but is not exhaustive:
(a) Assignments (including examinations) are to be the sole work of the student unless specifically authorized otherwise by the professor. To give, receive, or utilize unauthorized assistance in preparation for or during an assignment is a violation of this Honor Code.
(b) To continue working on an assignment or an examination beyond the allotted time period.
(c) To plagiarize.
(d) To provide false information to the Administration, the Placement Office, or other entities including potential employers regarding academic achievements or involvement.
(e) To assist another in performing an act which violates this Code.
(f) To steal or attempt to steal, tamper with, or destroy GMU property or the property of others.
(g) To abuse Honor Court proceedings, including the filing of a frivolous complaint.
(h) To fail to report a suspected violation when a student has reasonable cause to believe that an Honor Code violation has occurred.
CHAPTER 3: SANCTIONS
3.01 Sanctions
This list of sanctions is exhaustive. More than one sanction may be applied.
(a) Expulsion.
(b) Suspension.
(c) Probation.
(d) Reduction to the grade of "F" for the course involved.
(e) Notation of "'F' FOR HONOR CODE VIOLATION" on the student's transcript.
(f) Notation of "HONOR CODE VIOLATION" on the student's transcript.
(g) Oral reprimand.
(h) Any sanction proposed by the Faculty or Administration.
3.02 Notation of Sanction
In each case where a Defendant is found guilty, the conviction and sanction imposed will be noted in the student's administrative file.
CHAPTER 4: HONOR COURT POSITIONS
4.01 Honor Court
(a) The provisions of this Code shall be administered by an Honor Court. The Honor Court shall consist of the following:
(1) the Honor Committee Chairman, or his designee, sitting as Judge;
(2) an impartial jury of six students chosen at random if a jury will be the fact-finder in the case;
(3) a Clerk;
(4) defense counsel, if requested by the Defendant; and,
(5) a Prosecutor.
(b) The Defendant may represent himself, may use the Defense Counsel assigned by the Judge, or may select a current GMUSL student to represent him. At the Defendant's request, the Judge shall assist in obtaining counsel. The Defendant may not be represented by anyone other than a GMUSL student.
(c) In the event that the Defendant refuses to participate or conduct a defense, he may be tried in absentia.
(d) All matters pertaining to any Honor Court proceeding shall remain confidential, except as provided herein.
4.02 Honor Committee Chairman
The Honor Committee Chairman shall serve as Judge of Honor Court proceedings unless recused.
4.03 Honor Committee Members
(a) The Honor Committee Chairman shall select eight (8) students to serve as Honor Committee members. Committee membership shall include at least one first, second, third, and fourth year student. Each member shall serve beginning immediately upon appointment until election certification of the next Honor Committee Chairman.
(1) The Honor Committee Chairman shall rank the eight (8) members for purposes of recusal as per Chapter Seven. This ranking shall be delivered to the SBA President.
(2) The Honor Committee Chairman may alter the ranking at any time by delivering the new list to the SBA President. The new ranking will apply only to complaints filed after delivery to the SBA President.
(b) If a vacancy should develop, the Honor Committee Chairman shall appoint a student to complete the term.
(c) Should the Chairmanship become vacant, the remaining members of the Honor Committee shall select a chairman from among themselves to serve the former Chairman's term.(d) The outgoing Committee shall be responsible for any matters that are committed to trial prior to the incoming Chairman's election day (not certification).
4.04 Honor Committee Roles (§§ 4.04(b)(5) was added by action of the SBA on 1 April 2001)
(a) Neutral Fact Finder
(1) The Neutral Fact Finder shall conduct his office in a manner reasonably calculated to present to the Honor Court all the potentially relevant information.
(2) The Neutral Fact Finder shall make personal and discreet inquiry into the facts set forth in the initial referral, and shall report his findings to the Judge.
(3) Following the filing of the Neutral Fact Finder's Report, the Neutral Fact Finder shall become a potential witness, available to either side.
(b) Clerk. The Clerk is responsible for:
(1) serving notice to the defendant;
(2) selection of the jury pool;
(3) acting as a bailiff;
(4) arranging for the recording of all Honor Court proceedings; and
(5) preparing an accurate and permanent record for publication of the disposition of every Formal Complaint issued by the Honor Council.
(c) Counsel.
(1) Defense Counsel.
(i) The assigned Defense Counsel will advise the accused of Honor Court
procedures and defend the accused or, at the request of the accused,
assist in selecting another GMUSL student to act as Defense Counsel.(ii) The Defense Counsel may have Assistant Counsel.
(2) Prosecutor.
(i) The Prosecutor shall draft the formal complaint and give it to the Judge.
(ii) The Prosecutor is responsible for presenting the case on behalf of the
Student Body.(iii) The Prosecutor may request, in writing, that the Judge appoint Assistant
Counsel.
4.05 The Jury
(a) If the Defendant requests a jury trial, the Clerk will request from the Registrar the names of twenty-five (25) students, randomly selected from the student body.
(b) Six (6) jurors shall be selected from the twenty-five (25) in the following manner:
(1) All potential jurors will be contacted by the Clerk or his designee, and ordered to appear for voir dire. The Clerk or his designee will advise in each and every communication to potential jurors and to final jurors of the duty of confidentiality regarding Honor Court proceedings.
(2) The Prosecution and the Defense shall propound questions for the potential jurors. The Judge may also set forth questions. All relevant and reasonable questions shall be submitted to the jury. The Judge shall determine whether the questions are relevant and reasonable.
(3) Strikes will be in the following order beginning with the first juror on the list:
(i) For cause by the Judge. Either party may request that the Judge strike a potential juror for cause.
(ii) Peremptory strikes by the Prosecution, limited to a maximum of two (2)
peremptory strikes.(iii) Peremptory strikes by the Defense, limited to a maximum of two (2)
peremptory strikes.(4) If the list of twenty-five (25) is exhausted and six (6) jurors have not been selected, then the Judge shall order the Clerk or his designee to request an additional number (to be determined by the Judge) of potential jurors from the Registrar. This shall continue in the same manner until six (6) jurors are empaneled.
(5) If a juror cannot attend the voir dire, then he/she is moved to the bottom of the list and may be called later.
CHAPTER 5: HONOR COURT PROCEEDINGS (ch. 5 amended by action of the SBA April 22, 2001)
5.01 Initial
Referral. All initial referrals will be submitted to the Honor Council,
which will then be forwarded
to
the Honor Council Chairman for review and must include:
(a) Name of student(s) referred.
(b) Conduct alleged to be in violation of the Honor Code.
(c) Honor Code provision alleged to be violated.(d) If it is a violation stemming from the Writing Program, the specific rule broken must be
identified.Any student or member of the faculty or administration who has reasonable cause to believe that a student has violated a provision of this Code shall report the suspected violation in an initial referral within 45 days of discovery of the alleged violation.
5.02 Sufficiency
Determination. Once a complete initial referral is received, the Presiding
Judge shall appoint a
neutral fact finder and set a date for a Sufficiency Determination. The student
facing the initial referral has the
following due process rights:
(a) The student will not be a "defendant" until an initial referral is held at the Sufficiency
Determination to have enough merit to be a Formal Complaint.(b) The student accused will have the right to discovery of all information gathered by a
neutral fact finder. The investigation will be complete and information shall be
available to the accused one week prior to the date of the Sufficiency Determination.(c) The accused student may draft any pre-trial motions that must be heard within two weeks
by the Presiding Judge. Appropriate action may be taken at that time by the Presiding
Judge.(d) The accused student may present any evidence or testimony deemed helpful at this stage
in the proceeding.(e) The student may obtain their own student counsel or have a member of the Honor
Council appointed as defense counsel upon request to aid in preparation of the
Sufficiency Determination.
5.03 Formal
Complaint. A Formal Complaint shall be issued against the student if at
the Sufficiency Determination
it is found to be more likely than not that the student has violated the
Honor Code. At this point, the student
will be considered a defendant in an Honor Council Proceeding.
5.04 Formal Complaint
(a) The Formal Complaint must be completed and served upon the accused student within fifteen (15) days of the decision to proceed to trial.
(b) The Formal Complaint shall set forth the specific Code provision allegedly violated and the facts collected by the Neutral Fact Finder.
(c) The Formal Complaint should be styled "In re Defendant," giving the Defendant's full legal name.
(d) Service of Notice.
(1) The service of notice shall set forth the time and place of the mandatory pre-trial hearing.
(2) The Clerk shall serve notice by certified or registered mail, return receipt requested, to the address listed with the Registrar; to the student's mailbox at GMUSL; or by personal delivery to the Defendant. A copy of the notice shall be returned to the Judge with the date and time of service noted.
5.05 Mandatory Pre-trial Hearing
(a) Between seven (7) and twenty-one (21) days after notice has been served, the Judge shall convene a pre-trial hearing.
(b) The Clerk shall arrange for the pre-trial hearing to be recorded.
(c) The Defendant shall enter a plea of guilty or not guilty.
(1) If the Defendant enters a plea of guilty, the Judge shall decide on a sanction and inform the Defendant, in writing, within six (6) days.
(2) If the Defendant enters a plea of not guilty, he shall then decide whether to proceed to a trial before the Judge or a jury.
(i) If the Defendant pleads not guilty, a trial date shall be set.
(ii) If the Defendant decides on a trial by jury, jury selection will occur in accordance with Section 4.05 of this Code.
(d) In the absence of a decision by the Defendant, a plea of not guilty and a hearing before a jury shall be presumed.
(e) Any motions may be presented during the pre-trial hearing.
(f) The accused student shall have the opportunity to waive his right to confidentiality at any time. The accused student must submit the waiver to the Judge in writing. The Judge shall grant the student's request for open proceedings unless such request would jeopardize the confidentiality rights of another student.
5.06 Pre-trial Motions
(a) All writings submitted to the Judge for the purpose of obtaining some action or decision before the trial are considered motions, and are part of the record.
(1) Action by the Judge is not required for the motion to become part of the record.
(b) Before sustaining a motion prior to the date of trial, the Judge must submit it to the non-moving party for a written response.
5.07 Trial
(a) Honor Committee trial shall proceed as an informal hearing.
(b) Final pre-trial motions shall be made out of the presence of the jury, including motions for jury instructions.
(c) All participants shall be reminded that the Honor Code is in effect, and that they are expected to comply with the Honor Code throughout the trial.
(d) At the request of either party, all witnesses shall be sequestered.
(e) The Judge shall inform the jury of the charge(s) against the Defendant.
(f) Trial shall begin with opening statements.
(1) The Prosecutor's opening statement must include the charges against the Defendant.
(2) The Defendant may elect to make his opening statement before or after the Prosecutor. The Defendant is not required to make an opening statement.
(g) Following opening statements, each party shall present its evidence.
(1) The Prosecutor shall present his evidence on behalf of the student body.
(2) The Defendant may present evidence in his defense, but is not required to do so.
(3) All testimony presented by either party may be cross-examined, followed by the opportunity for redirect, and recross-examination.
(4) After both counsel have finished with a witness the Judge may ask questions; however, the Prosecutor and then the Defendant must then have the opportunity to ask questions as if they were recross-examining the witness.
(5) Before a witness is released, jurors may submit questions to the Judge to ask of the witness, as in Section 5.07(g)(4). These questions must be in writing.
(i) It is within the discretion of the Judge whether or not to ask a particular
question.(ii) All written questions become part of the record, whether or not they are
asked by the Judge.(iii) Each question submitted should be marked "asked" or "not asked," or
words to that effect.(iv) Following any jury questions, the Prosecutor and then the Defendant
shall have the opportunity to ask questions as if they were recross-
examining the witness.(h) To preserve an objection for appeal, it must be made in a timely manner.
(i) The Judge shall read the jury instructions to the jury.
(j) The opportunity to make closing statements shall occur after the jury has been instructed.
(1) The Prosecutor must restate the charges in his closing statement.
(2) The Defendant may elect to make his closing statement before or after the Prosecutor. The Defendant is not required to make a closing statement.
(k) The jury shall be provided a private place to deliberate.
(1) The jury has seventy-two (72) hours from the end of the trial to decide. If the jury does not decide in 72 hours, then a decision of acquittal shall be entered.
(2) Decision, for purposes of this section, includes both guilt with the sanction(s) or innocence.
(3) During the third day of deliberations, the jury shall be given regular time updates by the Clerk.
(4) Jury Voting:
(i) A vote of guilty implies willingness to vote for some sanction.
(ii) A vote of guilty or not guilty shall be taken for each charge.
(iii) A finding of guilty requires five (5) affirmative votes.
(iv) If a Defendant is found guilty of one or more charges, then the jury must
vote on a sanction.(v) Five (5) affirmative votes are required to impose expulsion.
(vi) Four (4) affirmative votes are required to impose any other sanction.
(vii) Sanctions may be combined.
(viii) If suspension or probation is decided upon by a jury, they should also specify the parameters of the sanction.
(ix) If the sanction is an oral reprimand, the jury must write the oral reprimand for the Judge to read.
(l) Trial shall conclude by reading the decision.
(m) The Judge has discretion to alter the format of the trial in a reasonable manner, but the Defendant must have the opportunity to speak last during opening and closing statements.
(n) A written copy of the decision shall be delivered to the Defendant and the Dean within seven (7) days so that it can be immediately implemented, unless there is an appeal.
(o) Trial proceedings shall be recorded.(p) Once a decision finding an acquittal of a Defendant has become final, the Defendant shall have the option to require the Clerk to post the acquittal, including the student's name, on the SBA bulletin board.
CHAPTER 6: POST-CONVICTION PROCEDURES
6.01 Dean's Review and Honor Court Reconsideration
(a) The Judge shall deliver the record to the Dean of GMUSL within seven (7) days following the completion of the Honor Court trial.
(1) The record shall consist of the initial complaint, formal complaint, all pre-trial motions, including the audio or video recording of the pre-trial hearing, responses to pre-trial motions, evidence admitted at trial, audio or video recording of the trial, and the verdict from the judge or jury.
(b) The Defendant may request review of the decision. Such review must be requested in writing by the Defendant within ten (10) days of the decision.
(1) The Defendant may submit a brief (of no more than five (5) double spaced typed pages) in support of his review. A copy of such brief must be submitted within fourteen (14) days of the decision to the Dean of GMUSL and to the Honor Committee Chairman.
(2) If the Defendant submits a brief in support of his review, the Prosecutor or another member of the Honor Committee may submit a response brief on behalf of the student body. Such brief must be submitted within fourteen (14) days of the receipt of the Defendant's brief.
(3) The briefs shall be limited to motions and objections which were not granted. Factual arguments will not be considered on appeal.
(c) The Dean of GMUSL or his designee shall conduct a review solely on the basis of the record and if applicable, Defendant's and Prosecutor's briefs. Review must be completed and the Dean must notify the Defendant and the Honor Committee Chairman of his decision within thirty (30) days of receipt of the Defendant's brief. If no brief is submitted, then the Dean's review must be completed within thirty (30) days of the request for appeal.
(d) The decision of the Honor Court shall only be disturbed if it was clearly erroneous or arbitrary and capricious.
(e) The Dean or his designee may affirm the Honor Court's decision or remand for a new trial. The Dean's decision will be final except as provided in Section 6.02.
(f) The Dean's office shall take whatever action is required by the sanction imposed.
(g) Once the decision finding a violation has become final, the Clerk shall post the finding, excluding the name of the Defendant, on the SBA bulletin board.
6.02 Newly Discovered Evidence
(a) At any time after the Honor Court has found a violation of this Code, whether or not the finding has become final, the Defendant may file a motion for a new trial on the basis of newly discovered evidence with the Honor Committee Chairman.
(b) A motion for a new trial shall be granted only if:
(1) The Defendant has discovered new evidence of a material nature since the trial;
(2) The failure to discover new evidence prior to or during the trial was not due to want of proper diligence on the part of the Defendant;
(3) The evidence is probably true and relevant;
(4) The evidence, had it been presented at the trial, probably would have affected the outcome.
(c) The Honor Committee Chairman shall examine the motion and hear argument. He shall grant or deny the motion within ten (10) days and set a new pre-trial hearing date if persuaded that all of the above conditions are met.
(d) The denial of the motion for a new trial may be appealed by the Defendant within ten (10) days of the denial to the Dean of GMUSL. The appeal must be in writing and copies must be submitted to the Dean and the Honor Committee Chairman.
(1) The Dean or his designee may affirm the decision of the Honor Committee Chairman or may grant the request for a new trial. The Dean's decision must be made on the basis of the record within fifteen (15) days of the request for appeal. The Dean's decision shall be final.
(2) In the event that the Dean grants the request for a new trial, the Honor Committee Chairman shall set a new pre-trial hearing date.
CHAPTER 7: RECUSAL
7.01 The Honor Committee Chairman
If it becomes apparent that the Honor Committee Chairman could become a witness, is intimately related to the facts of a proceeding, is unavailable, or, for any other reason, cannot conduct his duties in a particular case with impartiality and professionalism, the Honor Committee Chairman shall recuse himself. In the event that the Honor Committee Chairman does recuse himself, his replacement shall be selected pursuant to Section 4.03(a)(1) of the Honor Code Guidelines.
7.02 Honor Committee Members
(a) If for any reason, an Honor Committee Member feels that he is unable to carry out his assignment in a particular case with impartiality and professionalism, he shall immediately inform the Judge. The Judge shall then excuse the member from his duties in the particular case and shall appoint a replacement from the remaining members of the Committee, in accordance with Section 4.03(a)(1) of the Honor Code Guidelines.
(b) If, in the opinion of the Judge, a member of the Committee is unable to carry out his assigned role for a particular case with impartiality and professionalism, the Judge may remove the member from that particular case, even if the member objects. Having removed a member, the Judge shall appoint a replacement from the remaining members of the Committee, in accordance with Section 4.03(a)(1) of the Honor Code Guidelines.
CHAPTER 8: MISCELLANEOUS
8.01 Time Computation
For the purposes of these Guidelines, time shall be computed by calendar days. The day of the act or action is not counted, however the last day of the period is included unless it is a Saturday, Sunday, or a legal holiday on which classes are not held, in which event the period will end on the close of business of the next day which is not one of the aforementioned days.
8.02 Faculty Advisor
(a) The Honor Committee Chairman may select a member of the GMUSL Faculty to act as a Faculty Advisor to the members of the Honor Committee. Confidentiality requirements shall be waived as between the Honor Committee Members and the Faculty Advisor.
(b) The Honor Committee Chairman shall deliver notice to the SBA President designating his choice for Faculty Advisor.
(c) The Faculty Advisor may not be selected by the Dean to review appealed Honor Court decisions.
8.03 University Counsel
Confidentiality requirements shall be waived as between the Honor Committee Members and the University Counsel.
8.04 Discretion of the Judge
The Judge in an Honor Court proceeding shall have broad discretion to alter these Guidelines except where expressly prohibited.
8.05 Honor Code Reporter (§ 8.05 added by action of the SBA on 1 April 2001.)
The Honor Council shall maintain an accurate and permanent record of the disposition of all initial referrals received by the Honor Council. The Honor Council may add documents to the record from time to time to express the official position of the Honor Council regarding the interpretation and implementation of the Honor Code and the Honor Code Guidelines.
(a) The Presiding Judge appointed for an Initial Referral will issue a written Order at the conclusion of the proceedings on the complaint. This Order is for the internal use of the Honor Council and shall contain a full description of the case including the procedural history, the relevant facts, and any rulings of the Presiding Judge. This Order is to be signed by the Presiding Judge and the Prosecutor. The signature of the Honor Council members is to certify that the Order is an accurate representation of the case.
(1) If the Initial Referral is found not to merit a Formal Complaint, the Order shall be signed by the Presiding Judge and the Neutral Fact Finder.
(2) If the Honor Chair is not serving as the Presiding Judge, the Honor Chair shall sign the Order in addition to all other parties signing.
(b) The Clerk appointed to serve at an Honor Trial is tasked with the preparation of the record of the disposition of all Initial Referrals received by the Honor Council. In the event that an Initial Referral is not found to merit a Formal Complaint, the Neutral Fact Finder of that initial complaint will prepare and post the record for publication. Whoever prepares the record will do so at the direction of, and under the supervision of, the Presiding Judge.
(c) The Honor Council may decide by a two-thirds majority to add a document to the record as the official position of the Honor Council. This subsection of this provision is specifically exempted from the discretionary authority of Section 8.04 of the Guidelines.
(d) This record shall be known as the Honor Council Reporter and copies shall be maintained with the Honor Chair and in the Law Library of the Law School. The Reporter is to be publicly available to all students and other concerned parties. The Reporter is to be published with all deliberate speed and shall preserve the confidentiality of the Honor Code process with respect to names and identifying information of all the persons involved. Persons shall be referred to by title or role.
(e) The Reporter shall be considered precedent for future Honor Code Trials. While the Honor Council is the supreme interpreter of the Honor Code and is not compelled to follow prior decisions, it is expected that prior decisions will be accorded great weight in the consideration of subsequent cases
(f) The purpose of the Reporter is to ensure accountability on the part of the Honor Council and provide notice to the student body that all issues before the Honor Council are handled with discretion, professionalism and in the best interests of the student body.
(g) The Report submitted shall contain an abstract of the case, redacted of all identifying information, including, but not limited to;
(1) facts of the case,
(2) rulings of all Judicial Officers,
(3) holding(s) of the case,
(4) disposition of the action.