Infractions; Sanctions

Academic Misconduct Infractions.  It shall be a violation of the Code for a student to commit any of the following acts or omissions.  “Academic” in this part III.A includes both the curricular and extracurricular, regardless of whether academic credit is awarded.

  1. Cheating
    1. To give or secure any information about an examination or other academic assignment except as authorized by the course professor.
    2. To use, if prohibited by the course professor, any book, papers, notes, other person’s work, or other materials for an examination or other academic assignment.
    3. To continue writing an examination answer after the permitted time has expired.
    4. To take, conceal, withhold, destroy, damage, abuse, or deface property without authorization when the act deprives another student of access to or use of the property for an academic purpose, or to otherwise impede the academic work of another student.
    5. To copy, consult, or use, for an academic purpose, the work of another student without the authorization of that student or the course professor.
  2. Plagiarism.  To take the written work of another and pass it off as one’s own for an academic purpose.  The following are examples of plagiarism, but not an exhaustive list of situations in which plagiarism can occur.
    1. To use someone else’s words without unambiguous acknowledgment.
    2. To paraphrase someone else’s words without unambiguous acknowledgment.
    3. To use someone else’s ideas without unambiguous acknowledgment.
  3. Misrepresentation
    1. To misrepresent a material fact with respect to academic performance or requirements.
    2. For an academic purpose and without authorization and appropriate disclosure, to represent the work of another as one’s own or one’s own work as the work of another, or to represent oneself as another, or to procure representation of another as oneself.
  4. Tampering.  To tamper with any document, file, or datum pertaining to academic activity, including student records, journals, examinations, and papers, without authorization.
  5. Unfair Academic Advantage Generally
    1. When not otherwise specified as an infraction under the Code, to violate any Law School rule or professor’s course policy with respect to academic performance or requirements, including through unauthorized collaboration, when the violation creates an unfair academic advantage or creates an unfair academic disadvantage for another.
    2. When not otherwise specified as an infraction under the Code, to violate a rule of the Law School applicable to participation or membership in an activity or organization, when the violation creates an unfair academic advantage or creates an unfair academic disadvantage for another.
  6. Other Infractions
    1. To create any material and substantial disruption of a Law School academic environment.
    2. Recklessly or intentionally, to furnish false or misleading information on any Law School or other government document, or on any document intended to secure employment, admission to an academic program, or similar competitive opportunity.
    3. To appear persistently in a Law School academic environment while noticeably under the influence of intoxicants or of drugs not prescribed by a physician.

Code Enforcement Infractions

  1. To knowingly fail to report a violation of the Code by another student.
  2. To knowingly make a false report of a violation of the Code by another student, to knowingly make a false or materially incomplete report, or to give false or materially incomplete testimony in an investigation or proceeding under the Code.
  3. To falsify, destroy, or place beyond the reach of an officer acting under the Code any documents, testimony, or other evidence material to an investigation or other process under the Code.
  4. Without reasonable excuse, to fail to appear as a witness or to testify when called upon under the Code.  An accused does not violate the Code by failing to appear as a witness or to testify unless without reasonable excuse the accused fails to appear at a proceeding under the Code.
  5. To breach a duty of confidentiality under the Code.

General Provisions Concerning Infractions

  1. Knowledge of Authorities.  Students are presumed to know the provisions of the Code, the policies and rules of UALR and of the Law School, and the policies and rules of courses in which the students are enrolled.
  2. Voluntariness.  To violate the Code, the act or omission of the accused must have been voluntary.
  3. State of Mind.  To violate the Code, the accused must have acted with the state of mind specified in the infraction; if no state of mind is specified, then intent, knowledge, or recklessness is required.  Intent, knowledge, or recklessness may be inferred from the evidence.
  4. Recklessness defined.  “Recklessness” means conscious disregard of a substantial risk that the conduct might produce a result or that certain circumstances exist, as appropriate to the case.
  5. Attempt; Aiding and Abetting; Conspiracy.  It shall be a violation of the Code to attempt to commit any offense; to aid or abet in the commission of any offense; or to participate in a conspiracy to commit any offense.

 Sanctions

  1. Available Sanctions.  Upon a finding of responsibility under the Code, one or more of the following sanctions, and no other sanction, may be imposed, subject to the other provisions of part III.D.  Any sanction may or may not be noted in the internal records of the Law School or on the transcript of the responsible student.
    1. Denial of credit for a course.
    2. Downward disciplinary grade adjustment for an assignment or course.
    3.  Administrative withdrawal from a course or from the Law School.
    4. Restriction of library, activity, or other Law School privileges.
    5. Dismissal from a Law School office or activity.
    6. Notation or reprimand.
    7. Disciplinary probation or warning.
    8. Compensatory damages or restitution to the Law School or other appropriate entity.
    9. Suspension from the Law School.
    10. Expulsion from the Law School.
  2. Imposition of Sanctions
    1. A sanction may be imposed on a probationary or temporary basis.
    2. A responsible student may be offered a choice between a sanction listed in part III.D.1 and an alternative sanction not listed in part III.D.1, and the responsible student may voluntarily accede to the alternative sanction.
  3. Considerations in Selecting Sanction.  In selecting a sanction, any relevant information may be considered, and the following factors shall be considered.
    1. The nature and seriousness of the violation, including the degree of potential harm that the violation posed to the academic integrity of the Law School community.
    2. The circumstances of the violation, including any aggravating or mitigating factors.
    3. The need to uphold and promote respect for the Code and to deter future violation by the responsible student and others.
    4. Whether the sanction will reconcile the responsible student with the Law School community.
    5. Any comments of the responsible student relevant to sanction selection.
    6. The state of mind of the responsible student.