Definitions
- This document is referred to as “the Code.”
- “Chancellor” means the Chancellor of UA Little Rock.
- “Law School” means the UA Little Rock William H. Bowen School of Law. Where not otherwise specified, “the Law School” includes component organizations, including student organizations.
- “Law Library” means the Law School library.
- “Dean” means the Dean of the Law School.
- “Faculty” means the Faculty of the Law School as defined by the Law School Constitution.
- “Administration” means the Administration of the Law School as described in the Law School Constitution.
- “SBA” means the Student Bar Association of the Law School
- “Accused” is a student against whom a complaint has been lodged under the Code.
- A “class-day” is a day in the fall, spring, or summer semester when classes meet, from the first day of classes to the last according to the Law School academic calendar. Other days, such as days between semesters during reading or exam periods, during orientation, and during pre-semester programs, are not class-days. Where “class-days” are not specified, a “day” has its ordinary meaning.
Relationship of the Code with Other Authorities
- Relationship with Criminal and Civil Law. The Code operates concurrently with the processes of criminal and civil law. However, when misconduct alleged under the Code might subject the accused to criminal prosecution, the accused may postpone the Code process by “suspending” himself or herself from the Law School until the criminal charges are resolved or until the authorities decide not to press charges. Suspension under this provision has no effect under academic rules; i.e., the suspension does not entitle the accused to a leave of absence or relieve the accused of any academic consequences arising from his or her absence from the Law School. Suspension does not abate the Code complaint, but may not result in any inference against the accused in a Code proceeding.
- Relationship with UA Little Rock Policies and Processes. The Code supersedes UA Little Rock campus-wide disciplinary processes for matters within the substantive scope of the Code. It is a defense in a campus-wide process that the alleged misconduct is within the scope of the Code and that the campus-wide process should be suspended pending referral and consideration of the case under the Code. A resolution of a complaint on the merits under the Code precludes a charge under another campus-wide disciplinary process predicated on the same alleged misconduct. A determination at any level of process under the Code that the alleged misconduct falls outside the scope of the Code is not a resolution on the merits, and the accused may be subject to campus-wide disciplinary processes predicated on the same alleged misconduct.
- Relationship with Law School Policies and Processes. The Code governs only matters within its substantive scope and leaves undisturbed Law School policies and processes outside that scope. The Administration may in its discretion respond to any misconduct, such as non-academic misconduct, that is not within the scope of the Code.
- Relationship with Administration Powers. The Code in no way restricts the powers of the UA Little Rock Administration or Law School Administration to preserve the safety and security of any person or property, even when a matter falls within the substantive scope of the Code, regardless of whether the processes of the Code are initiated concurrently.
- Relationship with Faculty Powers. The Code in no way restricts the academic freedom of the Faculty, even when a matter falls within the substantive scope of the Code, regardless of whether the processes of the Code are initiated concurrently. For example, a Faculty member may impose a grade penalty based on academic misconduct regardless of the existence or outcome of concurrent Code proceedings.
Time Limits. An accused may agree to extend or waive any procedural time limit under the Code. Extension of time limits with or without the consent of the accused does not relieve the accused of responsibility for violations of the Code.
Notice. When the Code calls for notice to a student, it shall be sufficient to (1) deliver notice in person, (2) send an email to the student’s university email address, or (3) send a letter by certified U.S. mail to the address on file with the Law School Office of Student Records.
- With respect to emailed notice, a student is responsible for checking their university email address regularly. Notice shall be deemed received two days after an email is sent.
- With respect to mailed notice, a student is responsible for ensuring that at all times his or her current address is on file with the Office of Student Records. Notice shall be deemed received three days after a certified mailing.
Adherence to the Code; Preservation of Rights. The Code is designed to anticipate irregular and exceptional circumstances. Nevertheless, it is impossible to anticipate all eventualities. When strict adherence to Code procedures is impossible or impracticable, it shall be sufficient that persons charged with responsibilities under the Code act reasonably and consistently with the spirit and intent of the Code so as to achieve justice while also preserving the rights of all persons involved in Code proceedings.
Confidentiality. UA Little Rock employees and students shall maintain indefinitely the confidentiality of all proceedings pursuant to a complaint under the Code. Information concerning a proceeding may be disclosed only (1) as necessary to fulfill a duty under the Code, (2) as compelled by law, or as necessary to fully and fairly answer questions propounded by appropriate Bar authorities or employers, to the extent permitted by law, (3) insofar as a proceeding under the Code is open to the public, or (4) as necessary to participate in an informal conciliation, a formal hearing, or other processes under this Code.
- The accused may waive the confidentiality of the proceedings under this Code. A waiver of confidentiality by the accused operates as a waiver of the burden of confidentiality for all participants.
