Code of Student Responsibility

V-5. Code of Student Responsibility

Part I. Honor Code

Because students in the School of Law are preparing for careers in a profession demanding honesty and integrity, the School of Law requires high standards of conduct. The School operates under an honor system. The School of Law’s Code of Student Responsibility, reprinted below, details the grounds on which students may be found in violation of this honor system. The School of Law also imposes additional obligations on students.

Part II. Rules Governing Conduct

§1.01   Academic Misconduct. No student at the University of St. Thomas School of Law shall commit an act or omission constituting academic misconduct. Academic misconduct includes:

A.        Cheating. Cheating includes giving, receiving, possessing, or using any materials, information, or study aids prohibited by the instructor. Cheating also includes other dishonesty or fraud relating to law school work or violating the rules established by the instructor to govern work for that instructor.

B.        Plagiarism. Plagiarism occurs when students claim or submit as their own original work the research, ideas, or writings of another without acknowledging and clearly identifying the source, all without regard to the quantity of materials used. Examples of plagiarism include copying, summarizing, or paraphrasing another’s work without proper attribution. It is not a defense to plagiarism that there was no intent to deceive, to misrepresent, or to gain any unfair advantage.

C.        Misrepresentation. Misrepresentation includes any material deception or falsification relating to academic or law school matters, or providing information relating to the student’s academic or law school record that is false or misleading or improperly altering or forging any academic or law school document or record including falsifying attendance records and time entries for mentor program, externships, clinics, and public service requirements and including admissions applications and materials.

D.        Misuse of Property or Services at the Law School. Misuse of property or services includes stealing, hiding, damaging, defacing, destroying, or impeding access to property or services of the library, of the law school, or of any member of the law school or university community.

§1.02 Neglect of Professional Duty. No student at the University of St. Thomas School of Law shall engage in neglect of professional duty which is defined as conduct that raises a substantial question as to the student’s honesty, trustworthiness or fitness to become a lawyer and which is evidenced by the following:

A.        Failure to Report Wrongdoing of Another Student. When a student has knowledge that another student has committed a violation of this Code that raises a substantial question as to that student’s honesty, trustworthiness or fitness to become a lawyer in other respects, the student must report that wrongdoing to the Associate Dean for Academic Affairs.

B.        Failure to Cooperate with Disciplinary Process. Except when maintaining the confidence of a protected communication as defined below in § 1.02(D), a student must cooperate with the School of Law Committee on Student Discipline, the Officer to such Committee, or the Respondent with respect to the conduct of any investigation or proceeding held in connection with any alleged violation of the School of Law Code of Student Responsibility.

C.        Intentionally Aiding or Assisting Violation of the Code. A student who intentionally aids or assists another student in violating this Code has engaged in neglect of professional duty.

D.        Failure to Maintain Confidentiality. Students who become privy to client matters through school sponsored programs, mentor program, externships, and clinics must maintain client confidentiality and shall disclose information that is confidential by reason of a professional duty only when permitted or required by the Rules of Professional Conduct. When a student acting in the professional capacity of a legal, psychological or psychiatric, medical, or religious counseling receives a confidential communication from another a student, the student shall maintain that confidence according to the rules and expectations of that counseling profession.

E.         Failure to Comply with Professional Rules. A student engages in neglect of professional duty if he or she fails to comply with the Minnesota Rules of Professional Conduct or the Minnesota Student Practice Rules during school sponsored programs, mentor program, externships, and clinics.

F.         Affirmative Defense on Failure to Report and Failure to Cooperate. Any student who possesses a firm, fixed, and sincere objection to providing information regarding another student’s behavior or participating as a witness against another under this Code by reason of religious training or belief must provide the Associate Dean for Academic Affairs with clear and convincing evidence that he or she is opposed to such reporting or participating based upon a sincere religious conviction.

1.         Sincerity is determined by an impartial evaluation of each person’s thinking and living in totality, past and present. The conduct of persons, in particular their outward manifestation of the religious beliefs asserted, will be carefully examined and given substantial weight in evaluating their application.

2.         Relevant factors that should be considered in determining a person’s claim of objection to reporting include training in the home and religious community; general demeanor and pattern of conduct; participation in religious activities; whether religious convictions were gained through training, study, contemplation, or other activity comparable in rigor and dedication to the processes by which traditional religious convictions are formulated; credibility of persons supporting the claim.

3.         In assessing the sincerity of this belief, the Associate Dean for Academic Affairs may also consider the timing of such disclosure. Students are encouraged to provide that information upon matriculation or upon forming such an objection. Students may register by submitting an affidavit (see Appendix 1). Failure to provide such notice in advance of any alleged violation of this Code may be considered as an adverse factor in assessing the sincerity of religious belief.

§1.03 Violating a University Rule. It is a breach of this Code to fail to obey any promulgated University rule that relates to student conduct and that applies to students in the School of Law when the violation of such a rule raises a substantial question as to the student’s honesty, trustworthiness or fitness to become a lawyer.

§1.04 Commission of a Crime. It is a breach of this Code to commit an act that constitutes a crime in the state or country where it was committed and which is punishable by incarceration. A student who is charged with such a crime must report it to the Associate Dean for Academic Affairs immediately. When a criminal charge is pending, disciplinary proceedings ordinarily shall be postponed until completion of the criminal proceedings. If the student is convicted or pleads guilty or no contest to the criminal charge, that disposition shall be regarded as conclusive that the act was committed for purposes of disciplinary proceedings such that the only issue remaining for disposition would be the appropriate sanction, absent a determination by the Associate Dean of egregious unfairness in the substantive criminal law of the state or country involved or in the criminal proceedings. If the student is acquitted, the criminal charge is dismissed, or no criminal charge is filed, the Associate Dean shall direct an investigation pursuant to Part III.D of this Code to determine whether there remains probable cause to believe the act was committed, appreciating that the clear and convincing standard of proof in a disciplinary proceeding is different from that in a criminal proceeding and that the formal rules of evidence do not apply in the disciplinary proceeding.

 Part III: Rules Governing Disciplinary Proceedings 

A.        Application

§2.01   These procedures apply only to individual misconduct.

B.        Participants in Disciplinary Process

§3.01   Administrative Officer means the Dean, an Associate Dean or Assistant Dean of the School of Law, or any Officer of the Campus or University Administration.

§3.02   Advisor means a person who has agreed to appear with Respondent at any proceeding under these Rules. The Respondent may choose to be accompanied by up to two Advisors. These Advisors may or may not be attorneys, and they may or may not represent the Respondent at the disciplinary hearing.

§3.03   Alternate means a person appointed as a faculty or student Alternate to the Committee who has not yet been designated by the Chair to replace an excused Member. One (1) faculty Alternate and one (1) student Alternate shall be regularly appointed, and additional appointments shall be made as necessary to provide a full Committee to conduct the proceedings concerning a particular Respondent. Alternates shall have the same qualifications as and shall be selected in the same manner as Members. A faculty Alternate may only replace an excused faculty Member, and a student Alternate may only replace an excused student Member. Until designated for such replacement by the Chair, an Alternate shall not participate in any hearing, consideration, deliberation, or vote concerning any matter before the Committee.

§3.04   Associate Dean means the Associate Dean for Academic Affairs or, when so designated by the Dean or Acting Dean, the Dean or an Assistant Dean.

§3.05   Chair means the individual serving as chairperson of the Committee. The Chair shall beappointed by the Dean.

§3.06   Committee means the Committee on Student Discipline, consisting of three (3) faculty Members and two (2) student Members. Any hearing before, submission to, or deliberations by the Committee shall include all five (5) Members then serving. Except as otherwise provided in §7.06 regarding the sanction of dismissal, Committee decisions shall be by majority vote.

§3.07   Dean means the Dean or Acting Dean of theSchool ofLaw or, when so designated by the Dean or Acting Dean, an Associate or Assistant Dean.

§3.08   Member means a person appointed as a faculty or student Member of the Committee who has not been excused, and a person appointed as a faculty or student Alternate who has been designated by the Chair to replace an excused Member. Faculty Members shall be appointed by the Dean from among permanent members of the School of Law faculty who are not Administrative Officers. Student Members shall be appointed through procedures established by student government from among full-time students who are J.D. candidates registered at theSchool ofLaw. Student members shall be in their second or third year who are in good academic standing and have not been disciplined under this Code.

§3.09   Officer means an Administrative Officer or permanent member of the School of Law faculty who is not a Member or Alternate of the Committee and who is appointed by the Associate Dean to investigate the allegations in a Formal Charge or instead or in addition to assist in drafting a Revised Formal Charge and to present evidence regarding the charge to the Committee. The Officer should obtain and present all available relevant information that, in the Officer’s judgment, will assure an informed and fair administrative review and Committee hearing. The same person or different persons may serve as Officer at various stages, as determined by the Associate Dean pursuant to §5.04.

§3.10   Respondent means a law student upon whom a Formal Charge has been served.

§3.11   Witness means a person called upon to provide information at a Committee hearing or in an Officer’s investigation. All law students and University employees shall cooperate fully when called upon to be Witnesses, and any refusal to be interviewed or to produce evidence may be a matter for disciplinary or employment action. The refusal of a Witness – including the Respondent – to testify is itself a violation of this Code and may be held against the Witness by the Committee.

C.        General Definitions and Guidelines

§4.01   Formal Charge means a statement of the Violation(s) charged with reference to the relevant University Regulations and School of Law Disciplinary Rules, and a summary statement of the alleged facts that constitute the specification of the Violation(s) charged.

§4.02   Informal Resolution means a process whereby the matter is resolved informally by counseling or by permitting Respondent to accept a specified Sanction without further proceedings. A Sanction may be so imposed by the Associate Dean only with Respondent’s consent. Before proposing a Sanction to the Respondent, the Associate Dean should consult with theSchool ofLaw’s Executive Committee. If Respondent accepts a proposed Sanction, it will be imposed forthwith and without opportunity for appeal. The Associate Dean shall prepare and publish for the information of theSchool ofLaw community a public notice regarding the action taken. This notice shall not identify the Respondent by name, but shall specify (1) the nature of each Violation committed by Respondent; and (2) the Sanction imposed. If a proposed sanction is refused, the Associate Dean may proceed with the next step in the administrative process. The fact a Sanction was offered and refused and the nature of the proposed Sanction shall not limit or otherwise affect any further action.

§4.03 Report is the written submission of the Officer to the Associate Dean upon conclusion of an investigation. It shall contain (i) a summary of the relevant facts and (ii) conclusions as to whether there is a factual basis for the Formal Charge. The Report shall not suggest or propose a Sanction.

§4.04 Sanctions that may be imposed following informal resolution or upon a finding of a Violation by the Committee include, but are not limited to, the following: (1) reprimand not of official record; (2) reprimand of official record; (3) conduct probation; (4) suspension for a specified period of time; or (5) dismissal. “Conduct probation” means that any additional violation of the Code ordinarily will result in dismissal. A reprimand not of official record does not appear on the student’s official record, but may have to be reported by the Dean and the student to appropriate authorities regarding a candidate’s character and fitness for admission to the bar. A reprimand of official record appears on the student’s official record, but a student may petition the Associate Dean for Academic Affairs to have the reprimand removed from the official record if at least two years have passed from the date of the violation. Such petition shall be granted if good cause for removal can be shown to the satisfaction of the Associate Dean for Academic Affairs and a majority of the School of Law’s Executive Committee.  The fact Respondent has been or may be subject to other sanctions for the same conduct, whether such sanctions have been or may be imposed by civil authorities or by academic officials, shall not bar the initiation of the disciplinary proceedings or the imposition of Sanctions for Violations. The fact a student has been or may be subject to Sanctions under this Code shall in no way affect the power of any academic official to grade or otherwise evaluate such student’s performance for academic purposes.

§4.05 Service of papers upon Respondent shall be accomplished by delivery to Respondent personally or by regular mail or e-mail to Respondent’s current local address or e-mail address specified inSchool ofLaw records. If mailed at a time when regular semester classes are not in session, a copy shall be mailed to any permanent address specified inSchool ofLaw records. If Respondent has notified the Associate Dean of the Advisor’s name and address, a copy shall be mailed to the Advisor at the specified address.

§4.06 Violation means conduct proscribed by University Regulation relating to student conduct or by the School of Law Code of Student Responsibility.

D.        Administrative Procedures

§5.01   Complaint. Any student, faculty member, or staff member may submit a written complaint of misconduct to the Associate Dean. A student, faculty member, or staff member may also submit a complaint based upon information reported to that person. The complaint should be submitted in writing as soon as possible after the incident. The written complaint should include the following: (1) the date, time, and location of the incident; (2) the name(s) of the individual(s) involved; and (3) specific factual details of the incident.

§5.02   Preliminary Determination. Upon receipt of a written complaint regarding a possible Violation by a law student, the Associate Dean may informally gather such additional information as will facilitate a preliminary determination of how to proceed. If the Associate Dean determines that a possible Violation has occurred, the Associate Dean shall issue a Formal Charge.

§5.03   Notice to Respondent; Reply and Action. The Associate Dean shall arrange for Service of the Formal Charge upon Respondent, together with copies of relevant University Regulations andSchool ofLaw Disciplinary Rules, and shall call particular attention to Respondent’s right to two Advisors and right to reply. Upon a request for an opportunity to reply, submitted to the Associate Dean in person or by telephone or letter within three (3) business days of the date upon which the Formal Charge was personally delivered or five (5) business days of the date upon which the Formal Charge was mailed, the Associate Dean shall set a date for the reply and the manner in which it shall be received and shall so notify Respondent. In the reply, Respondent may present evidence in rebuttal of the summary of facts contained in the Formal Charge and instead or in addition may provide information bearing upon the propriety of Informal Resolution. If no reply is made, the Associate Dean shall designate an Officer and refer the Formal Charge to the Officer. If a reply is made, the Associate Dean upon consideration of it may withdraw the preliminary determination of a possible Violation, attempt Informal Resolution or designate an Officer and refer the Formal Charge to the Officer. If a Formal Charge is referred to the Officer, the Associate Dean shall arrange for Service upon Respondent of notification of this referral and of the Officer’s name, address, and telephone number.

§5.04   Investigation. The Officer shall identify and interview available Witnesses and shall identify and obtain relevant and available real or documentary evidence. Statements of Witnesses or summaries of interviews shall be prepared or obtained and preserved. Respondent shall have the right to submit statements or real or documentary evidence to the Officer and to suggest persons whom the Officer should interview. Upon completion of the investigation, the Officer shall prepare and submit a Report to the Associate Dean accompanied by all statements, summaries, and real and documentary evidence obtained or prepared by the Officer.

§5.05   Charge or Other Disposition. Upon review of the Report, the Associate Dean should determine whether there is probable cause to believe a Violation has occurred. If there is no probable cause, the Associate Dean should withdraw the Formal Charge or refer the matter back to an Officer for further investigation. If there is probable cause, the Associate Dean may attempt Informal Resolution or refer the Formal Charge to the Committee. If Informal Resolution is sought, the Associate Dean shall first provide Respondent with a copy of the Report and an opportunity to inspect all evidence submitted to the Associate Dean by the Officer. If the Associate Dean determines that further prosecution of the Formal Charge is appropriate, the Associate Dean shall designate the Officer or a successor to revise the Formal Charge based upon the investigation and to present evidence to the Committee. The Associate Dean shall arrange for service of the Revised Formal Charge upon Respondent together with a copy of the Report, notice of Respondent’s right to inspect and copy all evidence submitted to the Associate Dean by the Officer, a list of the name of all Committee Members and Alternates, and the name, mailing address and telephone number of the Chair. Once referred to the Committee, a Revised Formal Charge may be withdrawn only upon recommendation of the Associate Dean and approval of the Committee.

§5.06 Interim Suspension. Interim suspension is an executive decision made by the Associate Dean and may be appealed only to the Dean. Interim suspensions are reserved for rare and unusual cases where, in the Associate Dean’s sole discretion, circumstances dictate an immediate change in a student’s status that denies a student access to the Law School and University pending a hearing on the incident for which the student has been placed on interim suspension. Interim suspension may be imposed: a) In situations involving the safety and well-being of members of the Law School or University community or preservation of Law School or University property; b) to ensure the student’s own physical or emotional safety and well-being; c) if the student poses a definite threat of disruption of normal operations of the Law School or University; or d) contemptuous disregard for Law School or University authority. Such an interim suspension is a procedural safety measure and does not constitute discipline and shall not be recorded in the student’s file.

E.         Pre-Hearing Determinations; Preparation for Hearing

§6.01   Recusal. The Chair shall provide copies of the Revised Formal Charge to Committee Members and Alternates. Any Member or Alternate who believes he or she would be unable properly to participate because of serious illness, special interest or prior knowledge that has resulted in prejudgment shall notify the Chair and shall be excused.

§6.02   Motions, Challenges, and Requests. All motions, challenges, and requests shall be delivered in writing to the Chair within five (5) business days of the date on which the Revised Formal Charge was personally served upon Respondent or within seven (7) business days of the date on which the Revised Formal Charge was mailed to Respondent. Except in extraordinary circumstances, no motion, challenge, or request will be considered unless timely made. Challenges shall be considered before motions and requests. The Committee shall grant a challenge for cause, dismiss all or part of a Revised Formal Charge, or otherwise grant a motion or request (except for Respondent’s request for an open hearing or to transcribe or record the hearing proceedings) only upon the basis of information formally presented to the Committee and only after affording the opposing party sufficient opportunity to contest the factual and legal bases for such action.

§6.03   Challenge for Cause. Respondent and the Officer may challenge any Committee Member or Alternate for cause. A Committee member shall be disqualified if the participation of the Committee Member in the proceedings may give rise to the fact or appearance of unfairness. Such challenge shall state the special interest, prior knowledge, or other cause for the challenge and sufficient facts to support the cause asserted. The person challenged shall not participate in the Committee’s actions regarding the challenge, but may be called upon by the Committee to comment on the facts alleged to support the challenge. Each challenge shall be considered and decided separately. If the challenge is granted, the person challenged shall be excused.

§6.04   Motions. Normally, the only motion allowable at the pre-hearing stage of the proceedings is a motion to dismiss on the ground that the facts alleged in the Revised Formal Charge, presumed to be true for purposes of the motion, do not, or legally may not constitute a Violation.

§6.05   Requests. Normally, only these types of requests are allowable: (1) a request by Respondent that the hearing be open, which shall be granted as a matter of right; or (2) a request for an extension of the time to file a challenge, motion or request, which shall be ruled upon by the Committee.

§6.06   Pre-hearing Conference. The Officer and Respondent shall confer promptly after the Revised Formal Charge has been served to consider and seek agreement on such matters as may facilitate a timely and fair disposition. They shall agree upon no fewer than three (3) possible hearing days and so notify the Chair. If they agree to a two-stage hearing procedure, they shall so notify the Chair, in which case the presentation of evidence principally related to an appropriate Sanction and related deliberations shall be deferred to a second stage following presentation of evidence, deliberations, and findings on whether Respondent committed the Violation charged. They shall review together the evidence that will be presented and shall stipulate to all evidence as to which there is no dispute as to fact.

§6.07   Notice of Hearing; Responsibility of Participants. The Chair shall take account of the dates agreed to by the Officer and Respondent and of the availability of the Committee in setting a date for the hearing at least ten (10) business days following the date of the Revised Formal Charge. By Service upon Respondent and like communication to the Officer, the Chair shall give written notice of the date, time, and place set for the hearing. For good cause shown the Chair may grant a continuance requested by Respondent, the Officer, or a Member, subject to the request by a Member that the question be put to a vote of the Committee. It is the responsibility of the parties to notify and secure the presence of witnesses; and of the Chair to secure the presence of all Members of the Committee and required recording equipment.

F.         Hearing and Deliberations

§7.01   Role of Chair. The Chair shall be primarily responsible for the conduct of the hearing, including the determination of whether there is good cause for a recess; provided, however, that any Member may request that a ruling by the Chair be submitted for a vote of the Committee. Deviation from any procedures specified herein is permissible only upon vote of the Committee and in the interest of fairness and for good cause shown.

§7.02   Spectators; Presence of Witnesses. Unless Respondent timely requested that the hearing be open, it shall be closed to all but the necessary parties. Witnesses may be present only while presenting evidence or testimony.

§7.03   Order and Nature of Hearing. The hearing should proceed in the following order: (1) determination by the Chair that the parties are present and ready to proceed, except that the Committee may proceed in Respondent’s absence upon a determination that Respondent has forfeited the right to be present by his or her willful absence; (2) a brief and non-argumentative opening statement by the Officer; (3) a like opening statement by Respondent, unless deferred until completion of theOfficer’s presentation; (4) presentation in any logical order by the Officer of testimony, real or documentary evidence, and stipulations; (5) like presentation by Respondent; (6) closing argument by the Officer, which may include argument concerning appropriate findings and Sanction; (7) like closing statement by Respondent. The Officer and Respondent shall be permitted, at appropriate occasions during the hearing, to contest the veracity, reliability, and relevance of any information, evidence, or testimony presented and to suggest alternative conclusions that may be drawn from information presented. Upon conclusion of Respondent’s presentation, the Officer or Respondent may request an opportunity to present additional evidence. The Committee shall grant such requests only if the regular presentations have revealed an unanticipated need for such additional evidence. In the same circumstances, the Committee may request the submission of additional evidence.

§7.04   Evidence. The formal rules of evidence shall not apply; the Committee may consider all relevant testimony or real or documentary evidence. Objection to the presentation of any evidence or testimony as irrelevant shall be made at the time such evidence or testimony is proposed to be presented to the Committee.

§7.05   Questioning of Witnesses. Subject to the direction of the Chair, the Officer and Respondent and any Committee member may question any Witness. The Chair shall assure that no Witness is abused or harassed.

§7.06   Deliberations. Upon completion of the hearing, the Committee shall promptly meet for closed and unrecorded deliberations. The Committee shall first determine whether the conduct and Violation(s) charged were established by clear and convincing evidence. Upon an affirmative finding, it shall then (or, if the two-stage hearing procedure is utilized, after further hearing) consider the imposition of an appropriate Sanction, taking into account aggravating and mitigating factors. The Committee shall consider not only the seriousness of the Violation within the University andSchool ofLaw communities but also its seriousness in light of the professional requirements and responsibilities of lawyers. An affirmative vote of four (4) Members shall be necessary for imposition of the Sanction of dismissal.

G.        Reports and Records

§8.01   Limited Record Where No Formal Charge. If a Formal Charge is not made or is withdrawn, no record of the alleged violation will be made or preserved in the student’s official record, but a record may be made or preserved solely for the purposes of the School of Law.

§8.02   Record of Committee Proceedings. A record of any preliminary review and of the Committee’s deliberations will be made and preserved. A verbatim transcript or tape recording of the formal hearing shall be made and preserved. Upon request, a Respondent may at his or her own expense obtain a copy of the verbatim transcript or recording.

§8.03   Confidentiality. Access to the record of a closed hearing or of submissions and any record made in connection with a pre-hearing determination shall normally be limited to the Officer, Respondent, the Committee, and Administrative Officers. This shall not limit in any way the Dean’s authority and responsibility to provide information to appropriate authorities regarding a candidate’s character and fitness for admission to the bar.

§8.04   Report of Dismissal. Upon a determination to dismiss all or part of the Revised Formal Charge, the Committee shall adopt a written statement explaining the basis for such action. All members of the Committee subscribing thereto shall sign the statement; concurring or dissenting views may but need not be included. The Chair shall transmit a copy of this statement to Dean, the Associate Dean, and the Officer, and shall arrange for Service of a copy upon Respondent.

§8.05   Report of Findings. After a hearing and deliberations, the Committee shall adopt written findings that shall include a summary of the facts found by the Committee, a statement specifying which Violation(s) charged the Committee finds to have been committed by Respondent, and a statement specifying the Sanction imposed. Any special aggravating, mitigating, or extenuating circumstances found by the Committee may also be stated. All Members of the Committee subscribing thereto shall sign the findings; concurring or dissenting views may but need not be included. The Chair shall transmit a copy of the findings to the Dean, the Associate Dean, and the Officer, and shall arrange for Service of a copy upon Respondent.

§8.06   Public Notice. After Respondent has been served with a copy of the findings or dismissal statement and, in the event of findings adverse to Respondent, after all School of Law appeal procedures have been completed, the Committee shall prepare and publish for the information of the School of Law community a public notice regarding the action taken. This notice shall not identify the Respondent by name, but shall specify; (1) the nature of each charged Violation disposed of; (2) whether the disposition was (a) dismissal, (b) a finding that the Violation was proved, or (c) a finding that the Violation was not proved; and (3) any Sanction imposed. This notice may also summarize the specifications of each charged Violation disposed of, explain the basis of any dismissal, and summarize findings regarding whether the charged Violation(s) were proved.

H.        Appeals

§9.01   Respondent or the Officer may appeal to the Dean any finding by the Committee and any sanction imposed by the Committee. An appeal must be in writing and must specify the grounds. The appeal must be received in the Dean’s office within five working days of the receipt of the Committee’s report. The Dean will issue a decision within fourteen days of receipt of the appeal. The Dean’s decision is final. The Dean shall affirm the decision of the Committee unless: (1) the Dean finds that the Committee violated the procedures set forth in this Code and that the violation prejudiced the party that has appealed; or (2) the Dean finds that the Committee abused its discretion by making a decision that was so unreasonable that it must have reflected bias, prejudice, or improper motive.

Appendix 1

AFFIDAVIT

REQUEST FOR EXEMPT STATUS

State of Minnesota      )

                                    ) SS

County of Hennepin   )

1. Statement of Beliefs: Please provide a clear and complete statement explaining your firm, fixed and sincere objection to providing information as required by §1.01, par. A, or cooperating in an investigation as required by §1.01, par. B, based on your religious beliefs. (Use additional pages if necessary).

2. Basis of Beliefs: Please explain the religious basis for your beliefs described in no. 1 above. Please provide an explanation as to how your religious beliefs changed or developed, to include an explanation as to what factors (how, when, and from whom or from what source training received and belief acquired) caused the change in or development of your religious beliefs set forth under no. 1 above. (Use additional pages, if necessary).

3. Any other comments regarding the depth and sincerity of your religious beliefs set forth above. (Use additional pages if necessary).

4. If available, please attach copies of the following documents to support your affidavit:

  1. Copies of letters from teachers, religious leaders or advisors, or others who can attest to the strength of your religious beliefs set forth under no. 1 above.
  2. Copies of letters, emails or other communications from you to family, friends, colleagues, teachers, ministers, religious advisors, or others discussing your religious beliefs set forth under no. 1 above.
  3. A list of the books, magazines, newspapers, films, television programs or other sources that helped form your religious beliefs set forth under no. 1 above.
  4. A record of the events in which you have participated that show your lifestyle is compatible with your religious beliefs set forth under no. 1 above.
  5. Any other documents that you would like the School of Law to consider when evaluating your request for an exemption from the requirements of the Code of Student Responsibility.

I certify that all statements made above and in any supplemental documents provided in connection with this affidavit are accurate and complete to the best of my knowledge. I understand that providing false or misleading information in connection with this affidavit will constitute a violation of the Code of Student Responsibility and will subject me to the appropriate penalties under the Code.

___________________________

[Full Name]

Sworn or Affirmed to and subscribed before me this ____ day of _______, 20___ .

___________________________

Notary Public

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