4. Pre-Hearing Procedure
4.1 Accusations; Investigation
Any person may report or refer to the office of the Dean any claimed violation of this Code (an “Accusation”). If the Dean deems the Accusation to have merit, he or she shall first consult with the instructor of the course, if the conduct relates to a School of Law course, to determine whether any academic sanctions imposed by the instructor are sufficient in light of the claimed violation. If the Dean determines that academic sanctions are not sufficient, or if the conduct does not relate to a School of Law course, then the Dean shall notify the Honor Board and the Accused Student of the Accusation. The notification to the Accused Student shall include a copy of this Code (or information that allows the Accused Student to access an electronic copy of this Code), and inform the Accused Student that the matter has been referred to the Honor Board for investigation under this Code.
When in receipt of a notification of an Accusation, and the Honor Board shall appoint by majority vote two of its members to investigate the Accusation, such members being the “Investigators.” The Investigators shall endeavor to the extent reasonably practicable to conclude their investigation within twenty‑five (25) calendar days after appointment.
If a decision is made not to initiate a formal hearing, the Accused Student shall be informed in writing of the decision within seven (7) calendar days after the decision has been reached. In any event, the Accused Student shall have the right under this Code to request a hearing and shall be apprised of such right. The Honor Board shall be under no obligation in such event to conduct a hearing.
After the Dean has notified the Honor Board of an Accusation, the Honor Board may request a meeting with the Dean, to be attended by the entire Honor Board or one or more members of it, to get the Dean’s perspective on any concerns in moving forward with investigation or the hearing process.
4.2 Initiation of Hearing Process
If the Investigators decide that there are reasonable grounds to believe that a violation occurred, then the Investigators shall recommend to the Honor Board that a hearing be initiated. The Honor Board shall decide whether a hearing should be initiated by a majority vote and the Honor Board is not bound by the Investigators’ recommendation to commence a hearing. The determinations of the Investigators and/or Honor Board notwithstanding, the Dean may, in the Dean’s discretion, make the final determination as to whether or not to initiate a hearing. If the decision is made to initiate a hearing, the hearing process must be initiated within twenty (20) School Days from the date of the decision to initiate a hearing. The Accused Student shall be provided with notice of the nature of the apparent violation and the decision to proceed.
Notwithstanding the twenty-day period contemplated by this section, the Dean and the Honor Board shall endeavor to act as expeditiously as is reasonably possible under the circumstances, with due regard for, among other things, (i) approaching holidays and breaks, (ii) the likely availability of witnesses, and (iii) the understanding that the Accused Student is likely to desire a speedy resolution, so as to resolve unresolved matters as quickly and as equitably as is reasonably possible within the parameters established by this Code.