I.
Introduction
St. John’s University School of Law is a community of professional
women and men committed to the principles of integrity, honesty and
candor and the highest ideals of the legal profession. High
standards of integrity, honesty and candor are required not only in
the formal course setting and with respect to all coursework, but
also in all law school and University relationships and in
interactions connected with the educational process or with
University and law school resources. While both faculty and
students of St. John’s University School of Law must comply with
these standards, this Code is concerned specifically with the
conduct of students with respect to academic and related matters.
In the event that a student is not certain whether behavior or
acts, if engaged in, might be considered unprofessional conduct
under this Code, the student should consult the Assistant Dean for
Students or another member of the Administration before engaging in
the behavior or acts.
II. Misrepresentations
Material misrepresentations by a student concerning academic or
employment matters violate this Code and subject the student to its
grievance procedures. In addition, material misrepresentations in
connection with grievance proceedings under this Code are similarly
violative of this Code.
III. Misuse of Academic
Materials
It is the responsibility of each student to respect the academic
materials of others, including all academic materials of the Law
Library. Students must comply with Law Library rules that are
designed to ensure that the library’s academic materials are fairly
available to all students. Except as permitted by library rules for
borrowing materials through ”check out” procedures, students must
not take, keep, destroy or hide academic materials not a student’s
own.
IV. Plagiarism
Plagiarism is the misappropriation or theft of another’s work and
ideas. Students seeking admission to the legal profession must
always take great care to distinguish their own ideas and knowledge
from information, thoughts and ideas appropriated from other
sources and to avoid even the appearance of impropriety in their
oral or written submissions.
Except as specifically authorized by the professor or person in
charge of the course or activity, all work submitted in law school,
whether produced as part of academic or extra-curricular
activities, must be the work of the individual student. Each
student has the responsibility to credit and cite appropriately any
material prepared by others, or ideas obtained from others,
contained in the student’s written or oral presentations. A student
must not submit work that is not the student’s own without clear
attribution for all sources.
The professor or supervisor of each individual course or
activity shall determine the amount of collaboration that is
permitted in the completion of work. Students must assume that
collaboration in the completion of work is prohibited unless
explicitly permitted, and students must acknowledge any
collaboration and its extent in all submitted work.
Students who are in any doubt about the preparation of their
work must consult the appropriate professor or person in charge of
the course or activity before the work product is submitted.
V. Papers and Other Written
Work
In general, a written work submitted by a student for any course,
seminar or writing requirement must be different in scope or depth
from any other piece of written work submitted for any course,
seminar or writing requirement by the student. In this regard, a
student must not submit one paper or piece of written work or
substantially the same work in fulfillment of the requirements for
two or more courses, seminars or other writing requirement without
the consent of the professor to whom the work is submitted.
Moreover, without the professor’s consent, a student must not
submit written work in fulfillment of academic or clinical
requirements if such work had been previously prepared by the
student (with or without compensation) for any employer.
Students who are in any doubt about the preparation of their
work must consult the appropriate professor, supervisor, or
administrator before the preparation and submission of the
work.
VI. Subversion of the Law School
Attendance Policy
All students must adhere to the requirements of the Law School
Attendance Policy as set forth in the current Student Handbook or
as modified by an individual faculty member in accordance with the
Policy and will be subject to the sanctions contained therein for
failure to do so. A student may not attempt to subvert or undermine
the Law School Attendance Policy by”signing in “for another
student, by allowing another student to “sign in” for oneself when
one is absent, or by “signing in” for a class which one will not
have attended.
VII. Examination Policy
It is the responsibility of each student to act in accordance with
high standards of honesty, integrity and candor. To this end, each
student must ensure that the student’s behavior before, during and
after an examination is beyond reproach. This includes compliance
with all examination procedures - those contained herein and those
adopted by an individual professor.
It is the function of the proctors to ensure that the
test-taking environment is fair and uniform by enforcing the
procedures and policies regarding the examination process. Students
must comply with all instructions given by proctors, including
instructions regarding the time to begin and end work on the
examination.
All examination protocols will be enforced strictly. Proctors
are instructed that any breach of examination protocols or any
other conduct violative of this Code, by a student, requires a
detailed notification to the law school administration of the
breach.
VIII. Disciplinary Action
Any violation of this Code by a student will subject the student to
disciplinary action in accordance with the grievance procedures set
forth herein.
IX. Grievance Procedures
These grievance procedures shall apply to conduct or acts of a
student who, in accordance with these procedures, is charged with a
violation of this Code. For purposes of these grievance procedures,
such conduct is referred to as “unprofessional conduct.”
A. Initiation of Grievance
Proceedings
1. Any complaint alleging unprofessional conduct by a student of
St. John’s University School of Law shall be presented to the Dean
of the School of Law. As used herein, “Dean” shall mean the Dean of
the School of Law or, in the absence of or upon delegation by the
Dean, an Associate Dean of the School of Law.
2. The Dean shall make a preliminary inquiry for the purpose of
ascertaining whether the matter is without substance or may be
disposed of informally without initiation of further proceedings.
If the matter is determined to be without substance, no record
thereof shall be maintained in the permanent record of the student
involved.
3. Pending a final determination of the issues, the Dean may,
upon appropriate preliminary inquiry, order the interim suspension
of the student where, in the Dean’s sole judgment, such a
suspension is warranted. In making such determination, the Dean
shall consider, among other factors, safety and security concerns,
the seriousness of the alleged violation, and the likelihood of the
charge being sustained.
4. If the Dean determines that the matter should not be disposed
of informally, the party charging unprofessional conduct shall be
directed by the Dean to present a written and signed complaint of
the charges to the Dean. Failure of the party making the charge to
present such written complaint to the Dean within fifteen days of
being directed to do so shall be deemed a withdrawal of the charge
without prejudice. The Dean shall promptly provide a written copy
of the complaint, together with notice of the institution of
proceedings and a copy of applicable procedures, to the student
charged with unprofessional conduct. The complaint and any related
documents shall be delivered to the student charged by hand or by
certified or registered mail (return receipt requested). A copy of
the complaint shall also be delivered to the Chair of the Grievance
Committee hereinafter described.
5. The student against whom the complaint is made may respond in
writing to the Chair of the Grievance Committee within twenty days
after the hand delivery or mailing by certified or registered mail
(return receipt requested) of the complaint and notice. The time
for such response may be extended in the sole discretion of the
Chair of the Grievance Committee.
6. Within twenty-five days after the hand delivery or mailing by
certified or registered mail (return receipt requested) of the
complaint and notice, or upon the student’s response, the Chair of
the Grievance Committee shall schedule a hearing by the Grievance
Committee to commence within a reasonable time.
B. The Grievance Committee
1. The Grievance Committee shall consist of: the Chair of the
Grievance Committee who shall be the Chair of the Student-Faculty
Liaison Committee (or, in the absence of the Chair, a substitute
Chair appointed by the Dean selected from the full-time tenured
faculty members of the Student-Faculty Liaison Committee, but if
such appointed faculty member is unavailable, the Dean, in the
Dean’s sole discretion shall appoint a substitute from the
full-time tenured faculty members of the School of Law); one law
student selected by lot from the members of the House of
Representatives of the Student Bar Association of St. John’s
University School of Law; one student selected by lot from the law
student membership of the Student-Faculty Liaison Committee (or in
the event of such student’s unavailability, one student selected by
lot from the members of the House of Representatives of the Student
Bar Association of St. John’s University School of Law); and two
full-time tenured faculty members of the School of Law selected by
lot. No person who has been involved in any way in the matter that
is the subject of the allegations may serve as a member of the
Grievance Committee. All members of the Grievance Committee shall
serve until a decision is final with respect to the grievance
against the student charged with unprofessional conduct.
2. The Grievance Committee shall hear the complaint of
unprofessional conduct. In cases involving the same complaint
against more than one student, the complaint against all the
students may be heard and determined at a group hearing unless the
Grievance Committee, on its own motion or at the request of a
party, shall decide otherwise.
3. The Grievance Committee shall determine the extent, if any,
to which the charges are sustained by a preponderance of the
credible evidence. If no charge is sustained, the complaint shall
be dismissed. If any of the charges is sustained, the Committee
must decide on an appropriate sanction or sanctions to be imposed
on the student, including but not limited to, a loss of course
credit(s), a reprimand, a suspension, and/or an act of reparation.
In the event that the Committee decides that an appropriate
sanction is the student’s expulsion from the law school, such
decision must be in the form of a recommendation to the Dean.
4. All actions and decisions of the Grievance Committee shall be
by majority of the Committee. Except as otherwise provided in this
Code, the proceedings and deliberations of the Grievance Committee
shall remain confidential unless and until a charge against the
student has been sustained, the decision of the Grievance Committee
to that effect has been reported, and all rights of appeal under
this Code have been exhausted.
5. All members of the Grievance Committee are required to be
present at all hearings. In the event a member of the Committee is
unable, unwilling or ineligible to serve or continue to serve, a
substitute shall be selected in the same manner as that member was
selected, except that in the case of the Chair, the Dean shall
appoint a substitute. Upon the selection or appointment of a
substitute, a new hearing shall be held. If a hearing was
previously commenced, the student charged with unprofessional
conduct may elect to continue the original hearing without a
replacement Committee member, in which event a tie vote of the
Committee shall be deemed a dismissal of the complaint. Otherwise,
a vote of the majority of the Committee shall be controlling. The
Grievance Committee may by majority vote adopt additional rules
governing its procedure, provided they are not inconsistent with
these provisions.
C. Conduct of Hearings Before Grievance
Committee
1. The Committee shall conduct the hearings in such manner as to do
substantial justice and shall not be restricted by formal rules of
procedure or evidence.
2. The complaint and evidence in support thereof shall be
presented by an appointee of the Dean. The appointee and the Dean
may have the aid of separate counsel.
3. A student charged with unprofessional conduct has the right
to be represented by counsel or a representative of the student’s
choosing.
4. The Committee may address questions to any party or witness
to the proceedings. Any party or the Committee may call upon
witnesses, who shall be subject to the right of cross-examination,
and may cause evidence to be otherwise submitted.
5. A stenographic record or audio recording shall be made in all
cases of all hearings unless dispensed with by stipulation. All
stenographic records and audio recordings shall become the
exclusive property of the School of Law. Nonetheless, the student
charged may obtain a copy of such records and recordings at the
student’s own cost.
6. The Committee may accept and consider affidavits or other
evidence of good character submitted by the student charged with
unprofessional conduct before making any disposition of the
charge.
7. Failure of the student charged with unprofessional conduct to
answer the complaint, appear at the hearing, or answer questions
directed to the student may be used only as corroboration of a
prima facie case established by a preponderance of the evidence
otherwise presented.
D. Report of Grievance Committee
Decision
1. The Grievance Committee shall report its decision in writing to
the Dean of the School of Law and to the parties to the hearings.
In accordance with paragraph B. 3., any decision of the Grievance
Committee sustaining any charge shall include either a sanction or
sanctions to be imposed, if any, on the student charged, or a
recommendation of the student’s expulsion to the Dean, and the
reasons therefor.
2. Such decision shall be delivered promptly by hand or by
certified or registered mail (return receipt requested) to the
student against whom the complaint had been made.
E. Appeals
1. The student charged with unprofessional conduct may appeal the
decision of the Grievance Committee. Such appeal shall be made in
writing to the Committee on Grades of the Law School Faculty
Council. The Committee on Grades shall act as an appeal board. No
member of the Committee on Grades who was involved in any way in
the earlier proceedings or in the matter that is the subject of the
allegations may sit on the appeal board. The Dean shall appoint a
replacement in such case.
2. Appeals from the decision of the Grievance Committee shall be
taken by the student charged within twenty days from the hand
delivery or mailing by certified or registered mail (return receipt
requested) to the student of the report of said Committee. The
Committee on Grades in its sole discretion may extend the time for
filing such appeal upon a showing of good cause.
3. On appeal, the Committee on Grades shall review the record
for the purpose of determining whether there is substantial
evidence on the whole record which supports the decision of the
Grievance Committee. The Committee on Grades may affirm the
Grievance Committee decision without modification; may affirm the
decision subject to a specified reduction in the sanction imposed;
may remand the matter for further hearing; or may dismiss the
complaint.
4. The Committee on Grades shall report its decision to the
Dean, or if said decision requires a further hearing by the
Grievance Committee, said decision shall be referred to the
Grievance Committee. A copy of the decision of the Committee on
Grades shall be delivered promptly by hand or by certified or
registered mail (return receipt requested) to the student
charged.
F. New Hearing
A petition for a new hearing may be made to the Grievance Committee
by any student found to have been engaged in unprofessional
conduct, but only on the ground of newly discovered evidence.