Chapter 6: Law School Regulations
I. Academic Regulations
A. Grades
(1) Students are marked on the following grading scale, using both letter grades and quality points. Beginning with the class entering in Fall 2007, students are required to maintain a cumulative grade point average of 2.2 (previous classes must maintain a 2.0 GPA). Students failing to maintain this average are subject to academic probation or dismissal as indicated in paragraph 5 below.(2) The following grades or symbols may also appear on a student's record:
A 4.00 C 2.00 A- 3.67 C- 1.67 B+ 3.33 D+ 1.33 B 3.00 D 1.00 B- 2.67 F 0.00 C+ 2.33
A+ Reflects special recognition of extraordinary performance; counted as an A I Incomplete, not included in grade point average P Passed, not included in grade point average W Withdrew without penalty or prejudice AW Administrative Withdrawal for Excessive Absences AF Administrative Failure
B. Grading Guidelines
(1) Except as provided below, the teacher shall assign grades to the J.D. students in the course so that the mean class GPA falls between 3.0 and 3.2 and also complies with the following:A or higher No more than 10 percent(2) The requirements of (B)(1) apply to all required courses except:
A- or higher No more than 25 percent
C+ or lower At least 15 percent
C- or lower At least 6 percenta. Small first-year sections, in which the mean class GPA may not exceed 3.30.(3) The requirements of paragraph (B)(1) apply to all elective courses except:
b. Legal Writing, in which the mean class GPA may not exceed 3.10.
c. Appellate Advocacy, in which the mean class GPA may not exceed 3.20.
(a) Those in which the grade is primarily determined by an evaluation mechanism involving significant individualized interaction between the student and teacher (e.g., paper courses and clinical or simulation courses relying on an evaluation of student skills in the performance of lawyering tasks), for which the mean class GPA may not exceed 3.3(4) At the request of the course instructor, the Dean may grant waivers of any rule contained in subparagraphs (1) through (3) hereof in individual instances of extraordinary circumstances that the Dean determines to be consistent with the purposes of this policy.
(b) Those with an enrollment of 25 or fewer students.
(5)(a) If a student is administratively withdrawn from a first year course or Constitutional Law for excessive absenteeism, the student shall receive the grade of “Administrative F” (AF) for the course. The AF shall be treated as an F for purposes of determining the student’s GPA and for all other purposes. The transcript shall disclose that the AF was given for excessive absenteeism. Notwithstanding the above, if a student receives an AF in a first year course or Constitutional Law, the dean may remove the AF if, with the dean’s permission, the student takes a leave of absence or transfers from the full-time program to the part-time program. As used in this paragraph, and as applied to both full-time and part-time students, a “first year course” means any course that full-time students are required to take in the first year.
(5)(b) If a student is administratively withdrawn from any other course because of excessive absenteeism during the first six weeks of classes in that course, it shall be treated as if the student had voluntarily withdrawn from the course and there shall be no designation on the transcript. If the student exceeds the maximum number of absences after the first six weeks of the course, the student shall receive an “Administrative Withdrawal” (AW), which shall not affect the student’s GPA. The transcript shall indicate that the AW was given for excessive absenteeism.
C. Duty to Amend Application for Admission to Correct an Inaccuracy or Omission And Continuing Obligation To Report
1. Every student has an obligation to amend promptly his or her application for admission to the Law School to correct any inaccuracy or omission with respect to any information stated therein or required to be stated therein as of the commencement of the student's first semester of classes.
2. If a student's application contains an inaccuracy or omission, and the student does not amend the application to correct such inaccuracy or omission within 60 days after the commencement of classes in the student's first semester, such failure shall constitute a violation of the Code of Academic Conduct.
3. An amendment to an application for admission shall be in writing and shall be delivered to the Assistant Dean for Enrollment Management. If the amendment is so delivered more than 60 days after the commencement of the student's first semester of classes, the Assistant Dean for Enrollment Management may file a complaint with the Dean pursuant to the Code of Academic Conduct. Any complaint shall allege a violation of the student's obligation to file such amendment in a timely manner and shall include a copy of the amendment.
4. Whether or not an amendment is timely, and whether or not a complaint is filed under the Code of Academic Conduct for failure to file a timely amendment, upon receipt of an amendment to an application for admission, the Assistant Dean for Enrollment Management shall determine whether the amendment is material. If determined to be material, the amendment shall be referred to the Dean, who may reconsider the admission decision, expel the student from the Law School, or impose any other appropriate remedy at the Dean's discretion. For these purposes, an amendment shall be considered material if it contains information that, if known at the time the student was accepted for admission, is likely to have resulted in a different admission decision. Referral of the amendment to the Dean under this paragraph shall not be governed by the procedures set forth in Part II of the Code of Academic Conduct, but shall not preclude a separate prosecution for violation of the Code of Academic Conduct in accordance with Part II thereof and the imposition of a separate penalty for the failure to file a timely amendment of the application for admission.
5. Students have a continuing obligation to report changes to any of the character and fitness questions responded to on the application change while enrolled at the Law School. Students must inform the Office of Enrollment Management immediately of any new disciplinary or criminal issues.
D. Extensions and Incompletes
(a) In a paper course, or an independent study project, the faculty member may, upon application of a student prior to the due date for the paper, for good cause, grant an extension of the due date for a period of time not to exceed six weeks from the end of the examination period, provided that any extension beyond three weeks from the end of the examination period must be in writing, signed by the faculty member, and sent to the Office of Academic Records. The form is available in the Office of Academic Records. Any further extension beyond six weeks from the end of the examination period may be granted only with the written permission of the Dean or his or her delegate and with the consent of the faculty member.
(b) "I" shall be entered on a record only when:(1) In a paper course or an independent study project, the student has received an extension of time to submit his or her paper in accordance with Rule 4(a).
(2) In an examination course, there was an excused absence from the final examination.(c) Any "I" so entered shall be removed from the record and:
(1) In a paper course or independent study project, the actual earned grade shall be substituted only if the paper is submitted prior to the expiration of the period of extension granted in accordance with Rule 4(a).
(2) In an examination course, the actual earned grade shall be substituted only if the make-up examination is taken as scheduled pursuant to Rule 3.
(3) A grade of "AF" shall be entered in all other cases.
(4) Any "AF" entered pursuant to Rule 4(c)(3) shall be counted as an actual grade for all scholastic standing purposes.
E. Academic Probation
Students placed on academic probation will be notified by e-mail to their official Hofstra e-mail addresses and by certified mail to the address on file with the school. It is the student’s responsibility to update his/her mailing address and to read Hofstra email regularly. Academic Probation is determined by fall and spring semester grades only. Summer grades do not count in determining whether or not a student is placed on academic probation.
(a) For classes entering prior to Fall 2007, a student who fails to achieve an average of 2.0 in any semester, but whose cumulative grade point average is 2.0 or above, will be placed on academic probation and will be subject to such reasonable rules and regulations as the faculty may set to meet the needs of individual cases, provided that, in a semester, students in substantially equal situations shall be treated equally.
(b) Beginning with classes entering in Fall 2007, students must maintain a minimum GPA of 2.2 in any semester Students who obtain lower than a 2.5 GPA at the end of the first semester will be required to attend a mandatory Academic Support Program and will not be permitted to take Transnational Law and/or Property (depending on division in which the student is enrolled) until the second year and will be required to take Business Organizations and Evidence no later than the second year for full-time students or the sixth semester of law school for part-time students.
F. Dismissal
Dismissed students will be notified by e-mail to their official Hofstra e-mail addresses and by certified mail to the address on file with the school. It is the student’s responsibility to update his/her mailing address online and to check his/her Hofstra e-mail account at least once a week. A student who has not achieved or maintained a cumulative grade point average of 2.2 (2.0 for classes entering prior to Fall 2007) as of the end of the second semester or any semester thereafter is automatically dismissed from the school. The student may apply for readmittance pursuant to Rule G.
G. Readmittance After Dismissal
H. PrerequisitesPolicies governing readmittance after dismissal are dependent on the semester of initial matriculation. In all cases, a dismissed student who has registered for and attended classes while a petition for readmission is pending, shall be withdrawn from and receive a tuition refund for those classes if the petition is denied. The Dean’s Office will notify a student of any decision regarding his/her petition for readmission by email to his/her official Hofstra e-mail addresses and by certified mail to the address on file with the school. It is the student’s responsibility to update his/her mailing address and to read Hofstra e-mail regularly.
(a) Classes Matriculating Prior to Fall 2007(1) For classes matriculating prior to Fall 2007, any student who has a cumulative grade point average below 2.0 at the end of the first year or any semester thereafter shall be given written notice of that fact by the Office of Academic Records by email and certified mail. If the student has the right to petition for readmittance pursuant to this Rule, a petition form shall accompany the notice. The student shall have five (5) business days from the date of delivery of the e-mail to submit a petition for readmittance to the Subcommittee on Readmittance. A written statement by the student detailing the reasons for the student's poor performance and why the student's performance will improve must accompany the petition form. Any student so petitioning shall have the right to appear before the subcommittee to present evidence and to be represented by an advocate. After the presentation of all evidence, the Subcommittee shall have five days to render a decision to the Dean and the student. The Dean may reverse the decision of the Subcommittee and grant alternative relief only insofar as a student is otherwise eligible under this Rule for such relief.
(2) The Chairperson of the Curriculum and Academic Standards Committee shall designate a Subcommittee on Readmittance consisting of three faculty members to hear all petitions for readmittance. Whenever a student petitioner requests, two students shall participate in the Subcommittee's deliberations in a nonvoting, advisory capacity. The Subcommittee shall be a standing subcommittee, and every effort shall be made by the Chairperson to ensure that the same members sit each time it meets within each year.
(3) Any student who has not achieved a cumulative grade point average of 2.0 or better at the end of the second or any subsequent semester may petition the Subcommittee for Readmittance.(i) After Completion of Two Semesters:
The petitions of students who have a cumulative grade point average below 1.67 after the completion of two semesters, except if the student had all final grades but one of C or above, may be granted only on the condition that the student be required to repeat the first year. The petitions of students who have a 1.67 or better cumulative grade point average, or have all final grades but one of C or better after completion of two semesters, may be granted on the condition that the student repeats the first year, or the student may be conditionally advanced.
The Subcommittee shall deny a student's petition unless it determines that there is a reasonable likelihood that the student will achieve a 2.0 cumulative grade point average at the end of the repeated first year or, in the case of conditional advancement, at the end of the fourth semester. The Subcommittee may impose such additional conditions it deems appropriate. Any student who repeats the first year and fails to achieve a 2.0 cumulative grade point average at the completion of the repeated first year is ineligible to petition for readmittance. Any student who has been conditionally advanced at the completion of two semesters who fails to achieve a 2.0 cumulative grade point average at the end of the fourth semester is ineligible to petition for readmittance.
(ii) After Completion of Three or More Semesters:
The petition of a student who has completed three or more semesters may be denied or the student may be conditionally advanced. The Subcommittee shall conditionally advance the student only if it determines that there is a reasonable likelihood that the student will achieve a 2.0 cumulative grade point average at the end of the succeeding semester. The Subcommittee may impose such conditions on advancement as it deems appropriate. Any student who is conditionally advanced after completion of the third semester or any semester thereafter, and fails to attain a 2.0 cumulative grade point average at the end of the semester subsequent to being conditionally advanced, may petition the Subcommittee for a one-semester extension in which to attain a 2.0 cumulative grade point average.
(4) A student precluded by these rules from petitioning for readmission after the fourth or fifth semester may seek an extraordinary remedy by filing a request with the Dean for leave to petition directly to the full faculty. Such leave to petition, and the petition if leave is granted, will be granted only upon a determination that extraordinary circumstances prevented the petitioner from attaining a 2.2 overall GPA and there is a strong likelihood that the petitioner will achieve a 2.2 overall GPA at the end of the next semester.
A student who files such a request with the Dean may not register unless the faculty grants the petition. This prohibition may mean that the student may not be able to attend law school for an entire semester.(b) Classes Matriculating Fall 2007 or Later
Beginning with students entering in Fall 2007, any student who has a cumulative grade point average below 2.2 at the end of the first year or any semester thereafter shall be given written notice of that fact by the Office of Academic Records by e-mail and certified mail. A dismissed student seeking readmission must petition the Dean within ten (10) business days from the date of the notice of dismissal. The Dean may not grant the petition unless he or she finds that (a) extraordinary circumstances beyond the student’s control prevented the student from attaining a 2.2 cumulative GPA and (b) there is a substantial likelihood that the student will attain a 2.2 cumulative GPA by the end of the next semester. If the Dean grants the petition, the Dean must present the facts and findings to a Faculty Committee for a vote on the Dean's decision to readmit. If the faculty does not concur with the Dean’s decision, the petition for readmission shall be denied. If the petition is granted and the student fails to achieve a 2.2 cumulative GPA at the end of any subsequent fall or spring semester, the student shall be dismissed without any right to petition for readmission. There are no further appeal rights after a final decision has been made by either the Dean or the Faculty to deny a petition for readmission.
Courses listed in the Hofstra School of Law Catalog as prerequisites to advanced work must be successfully completed. Students who fail prerequisites will not be admitted into advanced courses in the field.
I. Eligibility for Graduation
To be eligible for graduation, a student must have satisfied the residency requirement and the upper-class writing requirement, passed all required courses, satisfied the skills requirement (for classes entering 2006 or later), achieved a cumulative average of 2.0 (2.2 for classes entering after Fall 2007), and received academic credit for 87 hours of work. The Rules for Election of Non-Classroom Hours are incorporated into this regulation. (See Rules for Election of Non-Classroom Hours.)
II. Examination Regulations
The following are Hofstra Law School's rules governing examinations, including the rescheduling of examinations, accommodations for students with disabilities, the conduct of examinations, and related matters. All students must take examinations at the scheduled time, unless compelling circumstances exist, as defined below.
The examination schedule for each semester's courses is determined by the Office of Academic Records and should be considered in selecting your courses. Any student who does not take a final examination as scheduled and who fails to obtain the permission of the Dean or his or her delegate as set forth below, shall receive a grade of "F" in the course.
The Code of Academic Conduct and Examination Regulations govern conduct during examinations. The Code also sets forth violations relating to plagiarism and other student behavior. Procedures for resolving disputes and imposing appropriate sanctions in connection with violations are covered by the Code of Academic Conduct. (See also Examination Regulations.)
B. Examinations on Computer
All students are automatically signed up to take their exams on laptops. Students who wish to write their exams must opt out by completing the form at http://law.hofstra.edu/computerexam. Students who do not complete the form by the deadline may still write their exams, but they will continue to receive reminders about computer exam software and training. Requests must be renewed each semester. In the interest of examination security, the Law School has purchased exam software that prevents access to existing files. All students taking examinations on computer must download and use this software. Students taking open book examinations who have notes stored on their computers must print out their notes well in advance of the examination.
Note: The Law School does not provide back-up computers during examinations.
C. Rescheduling Exams
(1) Sabbath ObserversD. Accommodations for Students With Disabilities
Students who wish to begin Friday examinations early in order to observe the Sabbath must complete the Sabbath exam accommodations form, http://law.hofstra.edu/Academics/AcademicRecords/Additional-Services-Forms.html, and submit the form to the Office of Student Affairs. Students are informed of the deadline for such requests by e-mail every semester. Requests must be renewed each semester.
(2) Scheduling Conflicts
Students with exam conflicts are informed of the conflict and their rescheduled exam time(s) via e-mail by the Office of Academic Records. At that time, students may opt out and elect to take their examination(s) on the original exam date(s). Students are informed of the deadline for electing to opt out of their conflict schedule every semester. Exam conflicts exist only in the following situations:
(a) Examinations that are scheduled on the same calendar day.Note: Special rules apply to summer school examinations. Those rules are available at the Office of Academic Records.
(b) An evening examination followed by a morning examination on consecutive calendar days.
The Office of Academic Records determines which examination(s) will be postponed and the date and time that the rescheduled examination will be given. Rescheduled examinations are typically given no more than one week after the regularly scheduled examination.
It is the policy of Hofstra Law School to provide reasonable accommodations for students with disabilities. Where appropriate, the Law School may provide additional examination time, as well as the use of auxiliary services. These accommodations are arranged on a case-by-case basis by the Assistant Dean for Student Affairs, in accordance with the Law School's policy on students with disabilities.
Students who wish to request disability-related accommodations should discuss their requests with the Office of Student Affairs as early as possible. In order to obtain such accommodations, students must submit the exam accommodation form, available at http://law.hofstra.edu/Academics/AcademicRecords/Additional-Services-Forms.html, together with the necessary documentation, to the Office of Student Affairs. Students are informed of the deadline for such requests by e-mail every semester. Students must renew their accommodation requests each semester.
Outside of academic accommodations, additional accommodations may be provided by the University’s Services for Students with Disabilities. For more information, please see http://www.hofstra.edu/StudentAffairs/stddis/index.html.
E. Final Examinations
Final written examinations are required in all courses in the Law School except as otherwise noted. All students are required to be present for final examinations at the time and place indicated on the examination schedule. Students must turn in examination books at the end of the time allowed for answering the examination questions in each course. Each student must then sign out. An unexcused absence from a final examination results in a failing grade in the course, and the failure is counted in computing the student's average.
F. Excused Absences From Examinations
If a student is excused by the Dean or his or her delegate from taking a final examination at the scheduled time either in a required or an elective course because of a demonstration of serious illness or other compelling circumstances, the student must take a make-up examination in the course at a time determined by the Office of Academic Records, but not later than four weeks from the last scheduled examination for the semester. Grades received in make-up examinations are included in the student's grade point average.
G. Justification for Excused Absences
(1) Other than the circumstances indicated above, a request for an excused absence from a scheduled examination will be granted only if the circumstances indicate that a student's ability to function effectively in taking the examination as scheduled will be substantially and severely affected due to circumstances beyond the student's control. These include bona fide medical excuses or a death in the immediate family. Conflicting social events, familial or business obligations, bar review courses, oversleeping, and forgetting an examination date are not sufficient justifications. Tiredness, nervousness or anxiety is not a sufficient justification, except in unusual and extreme circumstances supported by a letter from a physician, psychiatrist or psychologist as indicated below.H. Procedures for Requests for Excused Absences Prior to the Examination Date
(2) All medical excuses must be accompanied by a signed letter from a physician, psychiatrist or psychologist on professional letterhead. THE LETTER MUST CONTAIN A DETAILED EXPLANATION OF THE MEDICAL CONDITION OF THE STUDENT AND A STATEMENT THAT, IN THE PHYSICIAN'S, PSYCHIATRIST'S, OR PSYCHOLOGIST'S OPINION, THE MEDICAL CIRCUMSTANCES INDICATE THAT THE STUDENT CONDITION CANNOT BE ADEQUATELY TREATED IN TIME FOR THE EXAMINATION AND THE STUDENT'S ABILITY TO FUNCTION EFFECTIVELY IN TAKING THE EXAMINATION AS SCHEDULED WILL BE SUBSTANTIALLY AND SEVERELY AFFECTED.
(3) A request by a student for an excuse from an examination that he or she has already begun will be granted only in extreme circumstances. In the unusual event that an excuse is granted under such circumstances, the rescheduled examination in that course will, if possible, be different from the scheduled examination.
(1) A request by a student for an excused absence from a final examination as scheduled must be presented to the Office of Student Affairs. Requests must be in writing and signed by the student, and must be made prior to the time the examination is to begin, unless emergency or compelling circumstances make prior notice impossible. In the latter event, the request must be submitted as soon as is reasonably possible.I. Procedures for Requests for Excused Absences on the Examination Date
(2) Where possible, the Assistant Dean for Student Services will notify the student in writing and prior to the examination date, as to his or her decision on the student's request.
(3) The Office of Student Affairs will maintain records of students who have been excused from examinations each semester. The Assistant Dean for Student Services, in determining whether a compelling justification has been demonstrated, may take into consideration whether a student has been excused from examinations in previous semesters.
(1) A request by a student for an excused absence from a final examination as scheduled on the examination date must be presented to the Office of Academic Records. Requests must be in person or by phone by the student, and must be made as soon as possible, unless emergency or compelling circumstances make prior notice impossible. In the latter event, the request must be submitted as soon as is reasonably possible.
(2) The designated representative of the Office of Academic Records will submit the request to the Office of Student Affairs which will follow up with the student. In order for a request to be considered, the student must provide legitimate medical or legal documentation as indicated above to support the request.
(3) Upon receipt and pursuant review, the Assistant Dean for Student Services will notify the student in writing as to his or her decision on the student’s request. If approved, the student will be notified of the date of the make-up examination.
J. Make-up Examinations
In the event that a student's request for rescheduling of, or an excused absence from, an examination is granted, the make-up examination shall be given no later than five (5) business days from the last scheduled examination for the semester, except under extraordinary circumstances, in which case the make-up examination will be scheduled no later than four (4) weeks after the last scheduled examination for the semester.
K. General Rules Governing the Conduct of Examinations
(1) Each student is assigned an anonymous grading number for each exam period. Different exam numbers will be assigned for midterm exams and finals. Students should keep these numbers confidential. Under no circumstances should students reveal their examination numbers to a member of the faculty. Under no circumstances should a student reveal to a faculty member information about rescheduling for conflicts, as this may jeopardize anonymity as well.
(2) Students are permitted to have in their possession in the examination room only materials authorized by the instructor. Possession of any other materials relating to the course is not permitted.
(3) All electronic devices, including but not limited to cell phones, beepers, and wireless devices such as Blackberrys and PDAs must be turned off and stored at the front of the room during exams. Please note that the device cannot make noise during the exam; therefore, all devices must be turned completely off and not merely set to low or to vibrate.
(4) Students must follow the instructions of the proctors.
(5) There shall be no talking and no sharing of materials during the examination.
(6) Bathroom passes are available from the proctors. Only one male and one female student are permitted out of the room at any one time.
(7) Failure to stop writing at the conclusion of the examination constitutes a violation of the Code of Academic Conduct. Proctors will take the names of students who fail to stop writing and forward them to the Dean's Office for further action.
(8) After signing out of the examination, students are to exit the room and the immediate area promptly and quietly.
(9) Students may contact the Office of Student Affairs with any examination-related problems by calling 463-5771.
III. Code of Academic Conduct
Part I. Violations
A. A student violates the Code of Academic Conduct if the student purposely or knowingly engages in or attempts to engage in or aids another to engage in the conduct defined in the following paragraphs 1-3 or section B.2 below.B. Plagiarism
1. Violations concerning examinationsa. To give to a student any unauthorized information concerning the characteristics or content of an examination prior to the time the student who receives the information has taken the examination.2. Violations concerning the library
b. To obtain or to receive any unauthorized information concerning the characteristics or content of an examination prior to taking the examination.
c. To communicate (1) with anyone in any manner during an examination that the student is taking, except the Dean in charge of examinations, the persons involved in administering the examination or a faculty member, or (2) at any time with another student who is taking an examination.
d. To copy or read another student's examination paper or book or to consult any unauthorized material during the course of an examination or to possess any unauthorized material in the examination room.
e. Without proper authorization, to begin an examination before the prescribed time or to continue working on an examination after the announced conclusion of the examination period.
f. To fail to submit all bluebooks and examination questions by the end of the examination or to remove bluebooks or examination questions from the examination room, unless authorized to do so by the faculty member giving the examination.
a. To damage, destroy or conceal any property belonging to or deposited in the Law Library.3. Other Violations
b. To possess any property belonging to or deposited in the Law Library without complying with prescribed procedures governing circulation of library materials.
a. To make a material misrepresentation in connection with any procedure under Part II of this Code or to solicit another person to make such a material misrepresentation.
b. To fail to appear to testify before the Disciplinary Committee after due notice and without good cause or to solicit another student to violate the student's obligation under this Code to appear and testify.
c. To fail to produce relevant documents on the demand of the Dean's designee or the Disciplinary Committee or to solicit another to refuse to produce such documents.
d. To damage, destroy or conceal evidence with the purpose of obstructing a proceeding under this Code or to solicit another to damage, destroy or conceal such evidence.
e. To make a material misrepresentation for the purpose of obtaining a benefit in connection with any matter for which academic credit is given.
f. To fail to amend the student’s application for admission to the Law School to correct any inaccuracy or omission within 60 days after the commencement of classes in the student’s first semester at the Law School.
g. To steal, damage, destroy, conceal or use without authority another student's or faculty member's notes or books.
h. To submit the same or a significantly similar work for credit in more than one course without disclosing that fact as early as is feasible and without obtaining the consent of the faculty members to whom the work is submitted.
i. To fail to comply with the conditions or sanctions agreed to in an administrative disposition of a complaint or imposed by the Disciplinary Committee under Part II of this Code.
j. To make a material misrepresentation concerning the student's law school performance and activities on a resume or other written communication to a potential employer.
1. Definition: A student plagiarizes when the student represents the work of any other person as the student's own work. Plagiarism includes but is not limited to:C. Procedure
a. Copying or substantially copying someone else's words without both citing the author of the quotation and using either quotation marks or an indented block quotation.2. Violation: A student violates the Code of Academic Conduct when the student:
b. Paraphrasing someone else's words or work without citing the source.
a. Purposely or knowingly plagiarizes or aids another student to plagiarize. b. Plagiarizes with knowledge of circumstances that should alert a reasonable student that there is a substantial risk that the student would be plagiarizing. Common examples of this situation are:
(1) A student relies on the discussion of Source 1 that is contained in Source 2 but fails to cite Source 2.
(2) A student takes notes from various sources and transfers these into a paper. The notes include both verbatim quotes and the student’s own thoughts, and the verbatim quotes are not attributed to the source and do not have quotation marks around them.
(3) A student downloads work from the Internet and modifies, rearranges or paraphrases without acknowledging the original source.
1. Complaints
Any person may make a complaint alleging a violation of this Code by filing a written complaint with the Office of Student Affairs. Every such complaint must be signed by the person alleging the violation and must contain a statement of the facts and circumstances involved in the alleged violation. A complaint must be filed within a reasonable time after the event complained of takes place, in view of all the surrounding circumstances.
2. Notice
Upon receipt of the complaint, the Office of Student Affairs shall notify the person or persons alleged in the complaint to have violated the Code that a complaint has been filed. The notice shall describe the nature and circumstances of the claimed violation.
3. Investigation
Upon receipt of the complaint, the Office of Student Affairs shall investigate the charge.
4. Disposition
a. If, upon investigation, the Office of Student Affairs determines that there is no probable cause for the complaint or that the alleged infraction is de minimis, or that the complaint was not made within a reasonable time, the complaint shall be dismissed without further proceedings, and no record of the complaint shall be retained in the personal file of the student who is alleged to have violated the Code.5. Appointment of Disciplinary Committee and Presenter of Charges
b. When a complaint is dismissed, the Office of Student Affairs shall inform the person filing the complaint, the accused, and the Dean of the decision in writing.
c. If the Office of Student Affairs determines that there is probable cause that the alleged infraction is not de minimis and that the complaint was filed within a reasonable time, the complaint may be disposed of on terms satisfactory to the Office of Student Affairs and the accused. If the complaint is resolved in this manner, the Office of Student Affairs shall inform the Dean of the terms of the agreement and shall notify the person filing the complaint of the fact that the complaint has been resolved.
d. The Office of Student Affairs shall have 20 business days from the filing of the complaint to notify the accused in writing either (1) that the complaint is dismissed, or (2) that there is probable cause, the alleged infraction is not de minimis, the complaint was filed within reasonable time, and the matter cannot be settled administratively. The 20-day period can be extended only if the accused consents or if the Dean determines that there is good cause for extension. The Office of Student Affairs will notify the accused of the extension within 5 business days of the dean’s decision. If the complaint is not dismissed or settled administratively, the Office of Student Affairs shall furnish the accused with a copy of the complaint.
a. After the Office of Student Affairs has notified the accused that the complaint has not been dismissed, the Dean shall appoint a Disciplinary Committee composed of three faculty members, one of whom the Dean shall designate as Chair. At the written request of the student charged with violating the Code, the Dean shall appoint two student members to the Disciplinary Committee. The student members shall not vote but otherwise shall have full rights of participation on the Committee. The Dean may also appoint a person or persons to present the evidence related to the charges to the Disciplinary Committee.
b. The accused may file with the Dean a written objection to the appointment of any member of the Disciplinary Committee. The Dean, in his or her sole discretion, shall determine whether there is good cause to replace a member of the Disciplinary Committee.
c. The Disciplinary Committee shall have the authority to require Law School administrators, faculty, staff and students to produce relevant documents and to appear and testify at a hearing.
d. If more than one student is charged with jointly violating the Code, the Office of Student Affairs may determine that separate Disciplinary Committees should be empanelled for one or more students.
The decision of the Office of Student Affairs to empanel one or more Disciplinary Committees shall not be appealable.
6. Hearing
a. The Chair of the Disciplinary Committee shall convene the Committee and set a date for a hearing on the matter. The accused shall be notified in writing of the hearing at least 10 business days before the hearing.
b. The hearing shall be closed, unless the accused requests that it be open to the public. A request for a public hearing must be made in writing to the Chair at least two business days prior to the hearing.
c. At the hearing it shall be the duty of the Presenter of Charges, if one has been appointed, to present the facts fully and fairly for the purpose of enabling the Disciplinary Committee to reach a just result.
d. The accused may be represented by any person of his or her choosing, and shall have the right to call witnesses and present relevant evidence, to cross-examine witnesses called by the Presenter of Charges or the Disciplinary Committee, and to present summation and argument.
e. The Chair shall have the authority to require any person to leave the hearing if that person acts in a disruptive manner.
f. A verbatim record of the proceeding shall be made by any means deemed appropriate for the purpose by the Office of Student Affairs.
g. The admissibility of evidence and other matters of procedure not otherwise provided for by this Code shall be in the discretion of the Disciplinary Committee.
h. The Disciplinary Committee, by the affirmative vote of a majority of the committee authorized to vote, shall make one of the following written findings with respect to each alleged violation:(i) The alleged violation was not proved and the charge is, or charges are, dismissed.
(ii) The charge has or charges have been established by clear and convincing evidence.
7. Authorized Penalties
A. Upon finding a violation, the Disciplinary Committee may:
(1) Impose one or more of the following penalties:
a. Expulsion from Hofstra Law School.
b. Suspension from Hofstra Law School for a stated period of time.
c. Probation for a stated period of time on specified conditions.
d. Placement of a disciplinary letter in the student's personal file.
e. Oral reprimand.
f. Restitution or restoration.
(2) Determine that no penalty shall be imposed, subject to the accused's satisfaction of specified conditions or obligations.
B. The Disciplinary Committee shall notify the accused, the Dean and the person filing the complaint of the result of the hearing, except that the person filing the complaint shall not be notified as to any penalties imposed. In the event that a violation is found, the Office of Student Affairs shall notify the violator of his or her appellate rights.
8. Appeal
If a violation is found and the accused wishes to appeal to the Dean with respect to any aspect of the committee's determination, the accused shall notify the Chair of the Disciplinary Committee who shall forward to the Dean a copy of the findings and disposition and a verbatim transcript of the proceeding. The accused, on request, shall be entitled to a copy of the findings, disposition and transcript.
The Dean shall affirm the action of the Disciplinary Committee unless the Dean finds it to have been clearly erroneous or plainly excessive. If the Dean finds the Disciplinary Committee's action to have been clearly erroneous or plainly excessive, the Dean may modify the findings or penalties, order a new hearing, or dismiss the charge or charges. The Dean's decision shall be final.
The Dean shall notify the accused, the person or persons presenting the charges to the Disciplinary Committee, the members of the Disciplinary Committee and the person filing the complaint of the disposition of the appeal in writing, except that the Dean shall not notify the person filing the complaint of any modification of the penalties imposed.9. Non-exclusivity
This Code is not intended to foreclose disciplinary action for matters not addressed by the Code, and does not foreclose disciplinary action taken by University officials outside of the Law School.
By way of example and not limitation, a student who is alleged to have violated the Code of Community Standards of Hofstra University is subject to the University’s disciplinary procedures and sanctions.
Additionally, this Code incorporates by reference the non-procedural provisions of the Code of Community Standards of Hofstra University. The Law School may take independent disciplinary action (in accordance with its own disciplinary procedures as set forth in this document, supra) against a student who violates the Code of Community Standards of Hofstra University
Effective Date
This Code took effect on August 24, 1994, and applies to all conduct occurring on or after that date. The Code of Student Conduct, which took effect on April 19, 1980, shall be repealed on August 24, 1994, except that said Code of Student Conduct shall remain in effect with respect to any charge that a student violated said Code of Student Conduct prior to August 24, 1994.