Procedures

Officers

  1. Student Officers
    1. Student Justices and Honor Council.  The SBA shall provide for the election of eight Student Justices, one elected from and by each J.D. class (1L, 2L, 3L) and division (part-time, full-time), one elected from and by the J.D. student body at large, and one elected from and by the students in the masters of Studies in Law program. The Student Justices and any Student Honor Counselors appointed by the SBA President (see section IV.A.1.c below) constitute the Honor Council. The SBA shall appoint one Student Justice to serve as Chief Justice of the Honor Council.
    2. Student Investigators. The SBA shall provide for the election, from the student body, of two Student Investigators, one from each division.
    3. Honor Counselors.  The SBA shall appoint, from the student body, two  Honor Counselors and may appoint up to six Honor Counselors.  In addition, the SBA may accept any volunteer per part IV.A.2.c to serve as an Honor Counselor.  The names of all Honor Counselors shall be published and continuously posted to all students.
    4. Dual Service Prohibited; Recusal.  No student shall serve in more than one capacity described in part IV.A.  Any student serving in a capacity described in part IV.A shall recuse from a matter in which the serving student is the complainant, a witness, or the accused, or is otherwise materially connected to the matter under review.
    5. Succession; Replacement.  The Chief Justice shall, promptly upon appointment, publish to the Honor Council a list of Student Justices in a random order of service and succession.  When the Chief Justice of the Honor Council is absent from the Law School, has recused, or otherwise cannot serve, the next succeeding Student Justice who can serve shall serve as Chief Justice for any purpose under the Code.  The Chief Justice shall appoint a replacement, subject to approval by the Honor Council,  for any Student Justice who leaves office or is no longer a member of the class and division that elected that officer.  The SBA shall replace by appointment any Student Investigator who leaves office or is no longer a member of the division that elected that officer.  The SBA shall replace by appointment any student Honor Counselor who leaves office.  (Amendment approved Mar. 10, 2005)
  2. Faculty Officers; Non-Student Honor Counselors; Dean’s Designee
    1. Faculty Investigator; Alternate Faculty Investigator.  The Dean shall appoint, from among the Faculty, a Faculty Investigator and an Alternate Faculty Investigator.  The Alternate Faculty Investigator shall serve in place of the Faculty Investigator when the Faculty Investigator is absent from the Law School or has recused.
    2. Faculty Justices.  The Dean shall appoint, from among the Faculty, a committee of Faculty Justices, to be known as the Academic Conduct Committee.  The Academic Conduct Committee shall consist of no fewer than three Faculty Justices and two Alternate Faculty Justices.  The Alternate Faculty Justices shall serve in place of Faculty Justices who are absent from the Law School, have recused, or otherwise cannot serve.
    3. Honor Counselors.  Any UA Little Rock employee who is not a student may volunteer to be an Honor Counselor.  The employee shall inform the SBA of his or her willingness to serve in this capacity.
    4. Dean’s Designee.  The Dean shall designate a member of the Faculty or Administration to serve as the Dean’s Designee.  The Dean’s Designee shall provide for the orientation of newly appointed Honor Counselors. In part (4), the phrase “Dean’s Designee” shall include any representative chosen by the Dean’s Designee to act on the Dean’s Designee’s behalf.
    5. Dual Service Prohibited; Recusal.  No UA Little Rock employee may serve in more than one capacity as described in part IV.A.  Any UA Little Rock employee serving in a capacity described in this part IV.A shall recuse from a matter in which the employee is the complainant or a witness, or is otherwise materially connected to the matter under review.

Complaint

  1. Any person may complain to a Student Investigator or to the Faculty Investigator that a student, the accused, has violated the Code.  A complaint may not be lodged anonymously.
  2. A Student Investigator receiving a complaint shall promptly inform the Faculty Investigator.  If the Faculty Investigator receives a complaint, he or she shall promptly inform a Student Investigator.
  3. The Student Investigator and Faculty Investigator shall, in joint consultation, investigate the merits of the complaint without informing the accused.
  4. If, after investigation of the complaint and discussion between themselves, the Student Investigator, the Faculty Investigator, or both have reason to believe, in light of the complaint and any additional information collected, that the accused has violated the Code, then they shall inform the Dean’s Designee and specify the Code provisions allegedly violated.

Informal Conciliation

  1. No more than fifteen class-days after receiving a complaint, the Dean’s Designee shall notify the accused in writing of the complaint and of the provisions of the Code allegedly violated.  The Dean’s Designee shall provide the accused with a copy of the Code or refer the accused to the Code in the Law Library or on the Internet.  The Dean’s Designee shall also inform the accused to the right to an Honor Counselor. The Dean’s Designee shall summon the accused to an informal conciliation, which should occur within ten class-days of the accused receiving notice, unless the Dean’s Designee determines that compelling reasons justify a continuance.
  2. The purpose of the informal conciliation shall be to ascertain the truth of the matter presented and to attain a just resolution of the matter consistent with the Code.  The Dean’s Designee may conduct additional investigation in anticipation of the informal conciliation.
  3. The accused may choose as adviser an Honor Counselor or any other person not materially connected to the matter.  The accused may seek the advice of an Honor Counselor regardless of whether the Honor Counselor serves as adviser to the accused. The content of any communications between the accused and the advisor is inadmissible during any proceding under this Code, including during any informal conciliation or formal hearing, unless the student expressly consents to admission.
  4. Only the accused and the accused’s adviser have a right to be present at the informal conciliation with the Dean’s Designee.  Any other person may be present whose presence the Dean’s Designee determines would further the purpose of the informal conciliation.
  5. Procedures for the informal conciliation shall be at the discretion of the Dean’s Designee.  Only the accused and the Dean’s Designee have a right to speak at the informal conciliation.  The accused has no obligation to speak.
  6. No separate complaint of a Code violation may arise against the accused as a result of communication during the informal conciliation.  However, a violation of part III.B forfeits this privilege, and a complaint may be lodged if predicated on an allegation of that violation.
  7. At the conclusion of the informal conciliation, the Dean’s Designee shall recommend a disposition of the matter, including, if appropriate, a finding of the accused’s responsibility and any appropriate sanction, or order further investigation which may involve the accused and shall extend no longer than 15 business days.  The accused may agree with a finding of responsibility or with both the finding of responsibility and the sanction.
  8. If the accused and Dean’s Designee reach any agreement, the Dean’s Designee shall make a written record of the agreement, which the accused shall sign.  If the accused and Dean’s Designee agree on both the finding of responsibility and the sanction, then the Dean’s Designee shall arrange for the execution of the sanction and conclusion of the matter.
  9. The accused may void an agreement with the Dean’s Designee by delivering written notice within twenty-four hours of signing the agreement.  If the accused and Dean’s Designee have agreed on both responsibility and sanction, the accused may void the entire agreement, but not one part of it.
  10. If the Dean’s Designee and the accused do not agree on the finding of responsibility or on the sanction, the Dean’s Designee shall promptly assemble a Hearing Board in accordance with part IV.D.

Formal Hearing

  1. A Hearing Board shall consist of two Student Justices and two Faculty Justices, each chosen from a list on a random basis.  The Dean’s Designee shall designate one of the Faculty Justices the chairperson of the Hearing Board. If an MSL student is the accused, one of the two Student Justices shall also be an MSL student if possible.
  2. The Dean’s Designee shall inform the Hearing Board of the complaint, including information uncovered in investigation and any additional information necessary for a fair hearing, such as documentary evidence, the names of witnesses, and the testimony witnesses may be expected to give.  The Dean’s Designee shall inform the Hearing Board without regard for the inculpatory or exculpatory nature of the information.  The Dean’s Designee shall inform the Hearing Board of any standing agreement with the accused as to responsibility, but not of any voided agreement, of failed negotiations for an agreement, or of any admission of wrongdoing by the accused.  The Dean’s Designee may at any time augment the information provided to the Hearing Board.
  3. No more than fifteen class-days after the informal conciliation, the Hearing Board chairperson shall inform the accused in writing of the complaint, of the provisions of the Code allegedly violated, of witnesses the Hearing Board may summon, and of documentary evidence the Hearing Board may receive.  The chairperson shall summon the accused to a formal hearing.  The accused must be given at least ten class-days’ notice of the hearing, but the accused may seek an expedited hearing after receiving the notice.
  4. The accused may request that the formal hearing be open to the public.  The request must be delivered to the Hearing Board chairperson two or more class-days before the hearing.
  5. The accused may choose as adviser an Honor Counselor or any other person not materially connected to the matter.  The accused may seek the advice of an Honor Counselor regardless of whether the Honor Counselor serves as adviser to the accused. The accused is also entitled to hire an attorney who may participate in the hearing, as long as the accused provides reasonable notice to the hearing board that the accused intends to execute this right.
  6. The Hearing Board, the Dean’s Designee, and the accused have the right to compel students and UA Little Rock employees to attend the formal hearing and testify. However, students may not be compelled to testify as to acts that establish their responsibility for an infraction under the Code. To compel a student or a UA Little Rock employee to attend and testify at a formal hearing, the accused must submit a motion in writing to the Hearing Board explaining that the testimony is relevant and not obtainable by other means.
  7. The Dean’s Designee shall provide all documentary evidence, including records of witness interviews (if documented), to the accused seven days before the hearing. And the accused shall provide the same to the Dean’s Designee seven days before hearing.
  8. The formal hearing shall be bifurcated into a responsibility phase and a sanction phase.  If the accused has agreed to responsibility, then only the sanction phase occurs.  If the Hearing Board finds no responsibility, then only the responsibility phase occurs.
  9. The objective of the responsibility phase is to ascertain the truth of the matter and whether the accused bears any responsibility for a Code violation.  In the event of a finding of responsibility, the objective of the sanction phase is to attain a just resolution of the matter.
  10. Unless the formal hearing is open to the public, only the accused and the accused’s adviser, the accused’s attorney, and the Dean’s Designee have a right to be present at the formal hearing with the Hearing Board.  Any other person may be present if and only to the extent that the Hearing Board determines that the person’s presence is necessary to attain the objective of that phase of the hearing.
  11. The Hearing Board shall elicit pertinent testimony from any witness summoned by the Hearing Board.  The Hearing Board shall hear the pertinent testimony of any witness called by the accused, the Dean’s Designee, or the Hearing Board.  “Pertinent testimony” means only testimony going to whether the accused committed the violation in question, or to the appropriate sanction for the violation, depending on the phase of the proceeding.  Besides the Hearing Board, only the accused, the accused’s advisor, and the Dean’s Designee have a right to question a witness, and only to elicit pertinent testimony.   A witness may be accompanied and advised by any UA Little Rock student or employee of the witness’s choice. The Hearing Board may receive testimony regarding communications between the accused and any other person other than communications specifically exempted from admissibility by the code
  12. The Hearing Board shall receive pertinent documentary and physical evidence presented by the Dean’s Designee or the accused.  “Pertinent documentary or physical evidence” means only such evidence going to whether the student committed the violation in question, or to the appropriate sanction for the violation, depending on the phase of the proceeding.  The Hearing Board may comment upon documentary or physical evidence.  Besides the Hearing Board, only the accused, the accused advisor, the accused’s attorney, and the Dean’s Designee have a right to comment upon documentary or physical evidence.
  13. The Hearing Board shall permit the accused to speak on his or her own behalf in any phase of the formal hearing.  Only witnesses under part IV.D.9, the accused, the accused’s advisor, the accused’s attorney, and the Dean’s Designee have a right to address the Hearing Board. The Hearing Board shall permit the accused, the accused’s advisor, or attorney to make a closing statement prior to the conclusion of each phase of the formal hearing.
  14. Procedures for the formal hearing shall be at the discretion of the Hearing Board chairperson, to be exercised in accordance with the Code.  Within the scope of this procedural power, the Hearing Board may set time limits for the conduct of any part of the formal hearing.
  15. The Hearing Board chairperson shall ensure that an audio recording is made of the formal hearing.
  16. At the conclusion of each phase of the formal hearing, the Hearing Board shall deliberate in secret to determine responsibility or sanction. Three members of the Hearing Board must agree to any decision on responsibility or sanction.  The Hearing Board’s decisions on responsibility and, if necessary, sanction together constitute “the final disposition of the matter.”
  17. To find an accused responsible for an infraction, the Hearing Board must agree that the infraction was established by clear and convincing evidence.
  18. The Hearing Board shall notify the accused in writing of the final disposition of the matter, with copy to the Dean’s Designee, within five class-days of the conclusion of the formal hearing.  In the event of a finding of responsibility, the notice of final disposition shall include a statement of the Board’s findings of fact in support of its conclusions on responsibility and sanction.  Any Student Justice or Faculty Justice may augment the Board’s statement with a separate opinion.  Also in the event of a finding of responsibility, the notice shall include a statement that the accused has a right to appeal under the Code.
  19. The Hearing Board shall send to the Dean’s Designee the audio recording of the formal hearing and all written materials, including documentary evidence, connected to the matter.  This material, joined with the notice of final disposition, constitutes “the record” in the matter.
  20. If the accused is found not responsible, then the matter is concluded.  If the accused is found responsible and the time for appeal expires, then the Dean’s Designee shall arrange for the execution of any sanction.

Appeal

  1. No later than twelve days after the notice of final disposition, the accused may appeal in writing to the Dean.  The accused must file a copy of the appeal simultaneously with the Dean’s Designee.  The appeal must contend that the Hearing Board erred in the finding, in the sanction, or in both, and must state the basis for all contentions.
  2. The Dean shall obtain the record from the Dean’s Designee and review the record.  The Dean may conduct any investigation, including interviews with participants in the formal hearing or consultation with the Dean’s Designee.  The Dean may reverse a finding of responsibility, reduce a sanction, or uphold the final disposition.  The Dean may increase a sanction only to preserve the integrity of the Law School as a safe educational environment, consistently with part II.B.4.
  3. The Dean shall in writing notify the accused of the Dean’s determination in the matter.  The Dean shall return the record to the Dean’s Designee.  The Dean also shall transmit to the Dean’s Designee a copy of the Dean’s determination, which shall become part of the record.
  4. The Dean’s Designee shall promptly arrange for the execution of any sanction upheld by the Dean.

Final Disposition

  1. Publication.  Upon the execution of any sanction, or upon the conclusion of any matter in which the accused is found responsible but no sanction is imposed, the Dean’s Designee shall post in the Law School a dated public notice stating that a student was found responsible for a violation of the Code; stating the Code provision(s) violated; and stating the sanction(s) imposed.  The notice may take this form:

PUBLIC NOTICE
__________ __, 20__
A student has been found responsible for __________ in violation of __________ of the Code of Student Conduct.  A sanction of __________ has been imposed.

The notice shall remain posted until the end of the fall or spring semester that begins after the notice is posted.

  1. Record Retention.  When a matter concludes, the Dean’s Designee shall preserve the record for six years from the date of final decision or the date of execution of any sanction, whichever comes later, and then destroy the record, or, upon request by the accused, transmit the record to the accused.