HONOR COUNCIL RES IPSA ARTICLE – AUGUST, 2007
The Honor Council is a student governance organization, elected by the student body and comprised of twenty-eight second and third year students. The Council seeks to preserve the Honor Code’s principles and promote ethical and professional awareness on campus. We are not amature police; we can only act when complaints are brought to us by students, administrators, and professors. The Honor Council then investigates, and when warranted, holds hearings. Honor Council members assess the testimony and other evidence presented by both sides, and interpret the Code. We are proud of the extensive procedural due process protections accorded to those who have been accused.
The Honor Council is not an arena to resolve petty personal disputes, but rather an adjudicative body which hears only the most serious matters concerning a student’s unprofessional and/or unethical behavior. The Honor Council officers can explain the procedural provisions in the Code. However, If a student has a question about a personal dispute with another student, or a potential Honor Code violation, or has an issue as to whether a proposed course of conduct is allowed under the Code, the student is strongly encouraged to speak with the Dean of Students. There is, however, no requirement that a student consult with that office before filing a complaint.
“Ask First” is the Honor Council’s theme for the 2007-2008 academic year. It will educate all students about what the Honor Council does, what is in the Code, and what resources are available to all students when difficult situations arise. The “Ask First” theme will help to educate students on how to be successful in law school and the legal profession.
At this year’s new student orientation, all incoming 1L students are required to participate in the Ethics & Professionalism presentations on August 16, 2007. These sessions will expose them to the Honor Code and ethical issues that students could encounter. Students are required to read certain sections of the Code that will be provided ahead of time. However, students should read all Honor Code provisions before beginning the school year. As Judge Thomas Reavley said in United States v. Baker, 807 F.2d 427 (5th Cir. 1986), “A defendant cannot avoid prosecution by simply claiming that he had not brushed up on the law."
The Law School’s present version of the Honor Code, originally approved by Dean Mary Doyle, has been in effect since July 13, 1987, though several amendments have been added by Deans Thompson and Lynch. The Honor Code is a twenty-two page document containing six articles and numerous sections. Article I provides for the standards of conduct, which if violated constitute an Honor Code violation. Article II provides the framework for the Honor Council, its powers and limitations. Articles III and IV provide pre-hearing and hearing procedures, respectively. Article V discusses review and sanctions by the Dean upon determination that the Honor Code has been violated. Article VI contains miscellaneous provisions relating to notice, time factors, and Honor Code revision.
The Honor Council is faced with a noble yet difficult task: establishing an educational environment free from academic dishonesty and unethical behavior. It takes that responsibility very seriously. While the Honor Council system, like that of our justice system, is not free from defect, it provides a fair and efficient process by which the interests of the Law School and its students are equitably balanced with those of the accused.
The Honor Council wishes all students a successful semester and encourages all to “Ask First”!
* This article is intended to briefly explain the role of the Honor Council, the contents of the Honor Code, and the Honor Council’s goals for the year. It should not be relied on in an actual case, or considered an authoritative statement or rights, duties, and procedures under the Code. Some content of this article have been repeated from a previous Honor Council article in the April, 2007 issue of Res Ipsa Loquitor.
