3. Organization of Honor Board

3.1 Composition

The Honor Board shall consist of six members. Three members of the Honor Board shall be students Enrolled on a full-time basis in the School of Law. Two members of the Honor Board shall be members of the Faculty. One member of the Honor Board shall be the Dean or the Dean’s designee. When conducting their duties, the members of the Honor Board shall be deemed to be acting in an official University capacity. Subject to the provisions of this Code governing conflicts of interest, one student member shall be Enrolled as a member of the first-year class, one as a member of the second-year class, and one as a member of the third-year class.

3.2 Selection; Terms; Vacancies

Each fall of each academic year, each class of students shall select by majority vote two (2) members of its class, one to serve as the student member of the Honor Board and one to serve as the alternate student member, in each case, for such class for such academic year. Each student member of the Honor Board shall be appointed for a term expiring on the earlier to occur of (i) the student’s ceasing to be Enrolled on a full-time basis in the School of Law, (ii) resignation by the student from the Honor Board, (iii) removal of the student from the Honor Board pursuant to the procedures established in this Code for removal of members of the Honor Board, and (iv) election by the student’s class of another student member of the Honor Board to represent such class. If a student member of the Honor Board ceases to be a member of the Honor Board due to any one or more of the events described in clauses (i), (ii) and (iii), then the alternate member for such class shall become the student member of the Honor Board representing such class for the balance of the term of the student member being replaced. If the alternate member is unable or unwilling to serve as a student member of the Honor Board, then the class represented by the student member being replaced shall select by majority vote a replacement student member of the Honor Board from among the students who are then part of such class. Each Faculty member of the Honor Board shall be selected by the Faculty. Each member of the Faculty so selected shall be appointed for a one-year term or for such other period of time as is designated by the Faculty. The term of service of the faculty member so selected may be renewed by the Faculty. The Dean may serve on the Honor Board or may designate a representative to serve in place of the Dean. Vacancies on the Honor Board shall be filled within one month after the vacancy occurs or as soon as feasible.

3.3 Conflicts; Inability to Serve

Any member of the Honor Board with a conflict of interest in the matter under consideration shall not participate in that matter. If the conflicted member is a student member, then the alternate member for the class such student member represents shall serve as the student member representing that class for such matter, provided that such alternate member does not also have a conflict of interest that prevents the alternate member’s participation in the matter. If the conflicted member is a member of the Faculty, then the Faculty shall select a replacement. If the conflicted member is the Dean or the Dean’s designee, then the Dean shall designate a replacement. If the alternate member cannot serve, then the Dean shall appoint a replacement. In each case, the replacement shall serve only for the hearing with respect to which the member being replaced had a conflict of interest. Conflicts of interest include but are not necessarily limited to the following situations: if a member of the Honor Board (i) is the person who made the underlying accusation against the Accused Student, or (ii) is the instructor of the specific course that is at issue in the accusation against the Accused Student when the accusation involves a specific course, or (iii) has been or will be called as a material witness in the matter, or (iv) has a relationship with the Accused Student that is likely to prevent such member from being objective. If the Accused Student claims that a member of the Honor Board has a conflict of interest and should not serve as a member of the Honor Board with respect to the matter, and if such member fails or refuses to remove himself or herself, then the other members of the Honor Board shall decide by majority vote whether there is a conflict of interest that prevents such member’s participation in the matter. Absence caused by the inability of the Honor Board member to serve shall be filled in accordance with the above provisions regarding Conflicts.

3.4 Removal of Members

A student member of the Honor Board shall be removed for (i) any actual violation of this Code, or (ii) dereliction of Honor Board duties, upon majority vote of the other members of the Honor Board. A faculty member of the Honor Board may be replaced by the Faculty at any time. The Dean may replace the Dean’s designee at any time.

3.5 Basic Responsibilities

When matters relating to violations of this Code by specific persons are submitted to the Honor Board in accordance with this Code, the Honor Board shall conduct formal hearings, make determinations, submit findings and conclusions, and, when appropriate, make recommendations for sanctions, all as provided in this Code.

3.6 Quorum

At any hearing (and deliberations relating to such formal hearing), called to determine alleged violations of this Code by one or more specific persons, five of the six members of the Honor Board shall constitute a quorum.

3.7 Adoption of Procedures

For the purpose of conducting proceedings, the Honor Board shall proceed in a just and reasonable manner, provided that no procedure shall be inconsistent or in conflict with the provisions of this Code, the policies of the School of Law or of the University, or applicable law.