Student Conduct

A. General Expectations

As responsible members of the community, Mitchell Hamline School of Law students are expected to maintain the highest ideals of academic, professional, and social conduct. Students are expected to respect the views and personal dignity of other members of the law school community. They are responsible for knowing and abiding by the rules and policies published in the Catalog.

In addition, students are expected to know the standards to which they will be held when they become lawyers. The codes of professional responsibility published by each state’s bar association describe these standards. Students should consult these codes for guidance. The Student Code of Conduct at Mitchell Hamline School of Law reflects the standards for professional conduct prescribed by the Minnesota Board of Law Examiners.

B. Student Code of Conduct

1. Statement of Purpose

The Mitchell Hamline School of Law Student Code of Conduct (hereinafter, “the Code”) contains the rules that shall govern any student enrolled in courses or programs sponsored or co-sponsored by the law school, and where applicable, any student organization, and the procedures to be followed in administering the rules. These rules state elemental standards of honesty and integrity to the end that graduates of Mitchell Hamline will be academically qualified for the practice of law and possess those character traits necessary to the special trust relationships involved in the practice of law.

2. Scope

The Mitchell Hamline Student Code of Conduct is based on the assumption that individual and group responsibility is a part of the educational process. Disciplinary action can help encourage individual responsibility and self-discipline; protect the rights, freedoms, and safety of members of the law school community; and promote respect for the rights of others. Accordingly:

The Code applies to students enrolled in courses or programs sponsored or co-sponsored by the School of Law.
The Code also applies to student groups and organizations at the law school. A student organization may be held responsible under the code if members of the group act in concert to violate law school community standards; a violation arises out of a group-sponsored, -financed, or -endorsed event; a group leader has knowledge of the act or incident before or while it occurs and fails to take corrective action; a pattern of individual violations is found to have existed without proper or appropriate group control, remedy, or sanction; members of the group cover up or fail to report improper conduct to the appropriate law school officials.
The Code applies to all conduct (academic and other) that relates to an individual’s status as a student of the law school. However, the Code is not an exclusive remedy for criminal or tortious acts.
Investigations may be initiated or continued after a student has graduated, or after the student has completed the course or program, if the conduct at issue occurred while the individual was enrolled in the law school or in a program sponsored or co-sponsored by the law school. If a matter is pending when a student is scheduled to graduate, the student’s degree may be withheld until the matter is resolved.
The law school may take action for conduct that occurs on school premises or at school sponsored (or co-sponsored) events, whether held on or off campus, or in any other setting whether or not related to school activities.

All complaints of sexual harassment, harassment and discrimination, and sexual violence are subject to the provisions of the law school’s Sex Discrimination, Sexual Harassment, and Sexual Misconduct Policy.

3. Definitions

3.1 “Complainant” means any person who initiates a disciplinary proceeding under the Student Code of Conduct by serving upon the Dean a signed, written complaint.

3.2 “Dean” means the Dean and President, or any person designated by the Dean to perform the acts required under the Student Code of Conduct.

3.3 “Plagiarism” means the act of using words and ideas that are not one’s own and representing them as one’s own without proper attribution or credit. The use of another person or an artificial intelligence content-generator’s words or ideas must be given adequate documentation whether used in direct quotation or in summary or paraphrase. Plagiarism includes, but is not limited to, submitting the work of another or a content-generator as one’s own whether intentional or not.

3.4 “Respondent” means any student alleged to have committed a violation of the Student Code of Conduct.

3.5 “Service” or “Serve” means to provide a written notice or any other document by personal service, email notification, or by certified mail with a request for a return receipt. Notice by email is effective on the date sent and certified mail is effective on the date of mailing unless otherwise specified. Personal service upon the Dean may also be accomplished by delivery to any law school employee in the Dean’s suite.

3.6 “Student” means any person enrolled in courses or programs sponsored or co-sponsored by the law school, and where applicable, any student organization.

4. Prohibited Conduct

4.1 Unlawful conduct
A student must not commit any criminal offense that implicates the student’s character or fitness to practice law.

4.2 Academic misconduct
A student must not engage in academic misconduct, including, but not limited to, cheating, plagiarizing, violating instructions, falsifying information, representing as original one’s own work written for other purposes, or engaging in conduct that tends to give an unfair advantage to any student in any academic matter. This prohibition applies to all course work, examinations, independent study projects, research projects for instructors, and academically related activities including law review/journals and competitions. This rule is subject to specific instructions by a faculty member or supervisor of the particular activity in question. A student with knowledge of any violations of this section should report the violation promptly.

A plagiarism violation under the Student Code of Conduct will be treated separately from the discipline a student may receive from a professor teaching a course in which the violation occurred.

4.3 Honesty and integrity
A student must not engage in conduct involving dishonesty, fraud, deceit, or intentional misrepresentation if such conduct raises a substantial question as to that student’s character and fitness for admission to the practice of law. Such conduct includes, but is not limited to, making false statements to faculty, staff, or potential or actual employers relating to schoolwork; misrepresenting academic or personal achievement to faculty, staff, or potential or actual employers; or intentionally failing to correct false, inaccurate, or incomplete information previously submitted to the law school.

4.4 Concerning Pattern of Behavior or Conduct
A student must not exhibit a pattern of behavior or pattern of conduct that raises significant concerns about the student’s character or fitness for admission to practice law. Such pattern may include multiple violations of laws or regulations. The code incorporates by reference the character and fitness standards of the Minnesota Board of Law Examiners.

4.5 Professional and Social Misconduct
All students, whether engaged in on-campus, offsite, or online or blended classes are expected to maintain a positive learning environment by refraining from behavior that impedes or otherwise negatively impacts other students as described in the following three subsections:

4.5.1 Person and property of others
A student must not behave in a manner that threatens the safety or property of others. A student must not assault, harass, or otherwise attempt to intimidate any faculty member, staff member, or student, whether in person or with the use of technology. A student must not purposely damage, or knowingly take, the property of any other person without the person’s consent.
4.5.2 Classroom conduct
Students must not engage in conduct that substantially and materially disrupts a class or the work of students, staff, or faculty. This rule applies to on-campus, offsite, and online and blended courses.
4.5.3 Library rules
Students must follow all library rules published on the library website or otherwise publicly promulgated. A violation of the Library’s Behavior Policy is a violation of this Student Conduct Code.

4.6 Other law school rules
From time to time, the law school may issue specific or general rules. When these rules are announced on the law school website, or otherwise widely published, they become binding on all students. A violation of any such rule may be considered a violation of the Student Code of Conduct if such violation implicates the student’s character or fitness to practice law.

5. Sanctions

A violation of the Student Code of Conduct may result in expulsion or suspension from the law school, dismissal from one or more classes, restitution, or any other appropriate penalty. A violation by a student organization may result in loss of funding and sponsorship from the law school. The application of any penalty shall depend upon the seriousness of the offense and the presence or absence of mitigating factors. Execution of the penalty may be stayed pending successful completion of specified conditions of a probationary period.

6. Rules for Disciplinary Proceeding

6.1 Initiation of Disciplinary Proceeding
Any person may initiate a disciplinary proceeding under these rules by sending the Dean, by email, a signed, written complaint. In the complaint, the Complainant shall state the essential facts alleged to constitute a violation of the Code, including (a) the name of the student alleged to have committed the violation (the “Respondent”), (b) the specific allegation(s), and (c) the factual basis for the allegation(s). Upon receipt and review of the complaint, the Dean or a person designated by the Dean (the “Dean’s designee”) shall either:

dismiss the complaint for failure to allege a prima facie violation of the Student Code of Conduct and notify the Complainant of the dismissal and the reason for the dismissal,
OR
send the Respondent, by email, a copy of the complaint and a copy of the Student Code of Conduct, and forward the complaint to an investigator assigned by the Dean or the Dean’s designee. The investigator must be a person other than the Dean or the Dean’s designee. The investigator will investigate the allegation(s) in the complaint and provide the Respondent with a time and place for a meeting with the investigator.

6.2 Summary Suspension and/or No-Contact Order
At any time after receipt and review of a complaint that a student has violated the Student Code of Conduct, the Dean or the Dean’s designee may order that the student be temporarily suspended from the school if the allegation against the student is sufficiently serious that it gives rise to a reasonable belief that, given the academic and/or campus environment, immediate separation is required (a) to address a significant risk to the safety of a student, faculty member, or staff member, or to their property or school property, or (b) to stop ongoing harassment or intimidation of a student, faculty member, or staff member.

The Dean or the Dean’s designee may also or instead issue a temporary “no-contact” order to the student, ordering the student to have no contact (written, oral, electronic, and/or in-person) with a party who has been the target of the conduct at issue. Breach of the suspension and/or no-contact order can result in additional Student Code of Conduct charges.

The Dean or the Dean’s designee may lift the suspension and/or no-contact order when there are no longer grounds for the reasonable belief that a separation and/or no-contact order is necessary (a) to address a significant risk to the safety of a student, faculty member, or staff member, or to their property or school property, or (b) to stop harassment or intimidation of a student, faculty member, or staff member.

6.3 Investigation
Within 14 calendar days after the Respondent is sent a copy of the complaint, the investigator must complete an investigation of the allegation(s) in the complaint. The investigation must include a meeting with the Respondent, unless Respondent refuses to, or otherwise will not, attend. The investigation may include interviews and/or review of documentary evidence or any other information that the investigator deems relevant to the investigation. The Dean or the Dean’s designee may extend the length of the investigation for good cause.

6.4 Submission of Investigator’s Report
Upon completion of the investigation, the investigator will submit, by email, a written report on the complaint to the Respondent and to the Dean or the Dean’s designee. The investigator’s report will include findings of fact based on the investigation. In the report, the investigator will render an opinion as to whether the Respondent has violated one or more specified provisions of the Student Code of Conduct.

6.5 Response by the Respondent to the Investigator’s Report
If the Respondent chooses to respond to the investigator’s written report, the Respondent shall submit the written response, by email, to the Dean or the Dean’s designee within 7 calendar days of the submission of the investigator’s written report to the Respondent. The Dean or the Dean’s designee may extend this deadline for good cause.

6.6 Dean’s or Dean’s Designee’s Adjudication and Determination
The Dean or the Dean’s designee will determine within 14 calendar days of the receipt of the investigator’s written report whether there is clear and convincing evidence that the Respondent has violated the Student Code of Conduct. In making that determination, the Dean or the Dean’s designee will consider the investigator’s report and the Respondent’s written response, if any, to the investigator’s report. The Dean or the Dean’s designee may extend this deadline for good cause.

If the Dean or the Dean’s designee determines that there is not clear and convincing evidence of a Student Code of Conduct violation, the Dean or the Dean’s designee will dismiss the complaint and notify the Respondent and the Complainant of the dismissal.
If the Dean or the Dean’s designee determines that there is clear and convincing evidence that the Respondent violated the Student Code of Conduct, the Dean or the Dean’s designee may either:
1. enter into a voluntary resolution of the complaint with the Respondent, which resolution shall be in writing and shall include the provision(s) of the Student Code of Conduct that the Dean or the Dean’s designee has determined that the Respondent violated; the facts establishing the violation(s); and the sanction(s) on which the Respondent and the Dean or the Dean’s designee have agreed. The Dean or the Dean’s designee shall send the Respondent, by email, a copy of the written, voluntary resolution.
  OR
2. prepare a written determination that includes the provision(s) of the Student Code of Conduct that the Dean or the Dean’s designee has determined that the student violated and the facts establishing the violation(s), and that imposes on the Respondent a sanction or sanctions authorized by the Code of Conduct. The Dean or the Dean’s designee shall send the Respondent, by email, a copy of the written determination and a notice of the Respondent’s right to appeal. The notice shall contain the names of the Chairperson and the student, faculty, and staff members of the Academic and Student Affairs Committee.

6.7 Confidentiality
Although the Administration cannot guarantee absolute confidentiality, attempts will be made to keep the allegations on a need-to-know basis. Only those with a demonstrated “need to know” (e.g., the Dean, the Dean’s designee, the investigator, and any witnesses) shall be privy to any allegation filed.

7. Appeals

The Respondent may appeal from any adverse determination made under Section 6.6.b.ii by sending the Dean or the Dean’s designee, by email, written notice of appeal within 10 calendar days after the Respondent has been sent notice of the Dean’s or the Dean’s designee’s determination. The Dean or the Dean’s designee may extend this deadline for good cause. The Dean or the Dean’s designee shall promptly send the Chairperson of the Academic and Student Affairs Committee, by email, a copy of the notice of appeal.

7.1 Stay of Disciplinary Action
The sending of a notice of appeal shall stay disciplinary action unless the Chairperson of the Code Committee or the Chairperson of the Academic and Student Affairs Committee determines that the safety of persons or property would be jeopardized by a stay and so notifies the Respondent and the Dean or the Dean’s designee in writing, by email.

7.2 Notice of Appeal Hearing
If the Respondent appeals, the Chairperson of the Academic and Student Affairs Committee shall, within 7 calendar days of the sending of the notice of appeal and at least 10 calendar days prior to the date set for the hearing, send the Respondent and the Dean or the Dean’s designee, by email, notice of the time and place for the appeal hearing, and notice of the names of the members of the Code Committee who will hear the appeal. The Chairperson of the Academic and Student Affairs Committee may extend this deadline for good cause.

7.3 Scope of Review
The Code Committee shall examine the record for clear and convincing evidence of the violation. In doing so, the committee may, in its discretion, hear any new or additional evidence submitted by students, the Dean and/or the Dean’s designee, or any other person. In addition, the committee on its own motion may invite persons to submit evidence. If the committee finds that the violation has not been established by clear and convincing evidence the committee shall dismiss the complaint. If the committee believes that a violation has been established by clear and convincing evidence, it will examine the sanction imposed by the Dean or the Dean’s designee to determine whether it is appropriate. If the committee finds that the sanction imposed is not appropriate, the committee may assess any less or more severe penalty authorized by the Student Code of Conduct.

7.4 Finality of Committee’s Decision
The decision of the Code Committee shall be final and not subject to reconsideration, except on the grounds of newly-discovered evidence. Request for reconsideration must be sent, by email, to the Chairperson of the Code Committee within 30 calendar days from the date of its decision. The Chairperson of the Code Committee may extend this deadline for good cause. The Chairperson shall determine whether to grant the request. If the request is granted the committee shall hold an additional hearing. It shall give notice of the hearing as prescribed by these rules for the initial hearing. The hearing shall proceed in accordance with the rules governing initial hearings.

7.5 Majority Vote
Unless otherwise specified all actions of the Code Committee shall be by vote of a majority.

7.6 Appeal Hearing Procedures

Hearing Format. Hearings may be held in person, or via telephone or video meeting.
Composition of Code Committee. The full, five-member Code Committee shall hear the appeal. The Code Committee shall consist of the Chairperson of the Academic and Student Affairs Committee, who will also serve as Chairperson of the Code Committee; two of the faculty members appointed by the Dean to serve on the Academic and Student Affairs Committee; and two students appointed by the President of the Student Bar Association to serve on the Academic and Student Affairs Committee. If the Chairperson of the Academic and Student Affairs Committee is unable or unwilling to serve as the Chairperson of the Code Committee for an appeal, the Chairperson of the Academic and Student Affairs Committee shall name any willing and able faculty member to serve as Chairperson of the Code Committee. If any other faculty member of the Academic and Student Affairs Committee is unable or unwilling to serve as a member of the Code Committee for an appeal, the Chairperson of the Code Committee shall name any willing and able faculty member as a replacement. If any student member of the Academic and Student Affairs Committee is unable or unwilling to serve as a member of the Code Committee for an appeal, the President of the Student Bar Association shall name any willing and able student as a replacement.
Objections. Once the Chairperson of the Academic and Student Affairs Committee has sent notice to the Respondent and the Dean or the Dean’s designee of the names of the members of the Code Committee who will hear an appeal, the Respondent will have 5 calendar days to send the Chairperson of the Code Committee, by email, an objection for good cause to the participation in the hearing of any members of the Code Committee. The Chairperson of the Code Committee may extend this deadline for good cause. If the Chairperson of the Code Committee sustains an objection to a faculty member, the Chairperson shall appoint a substitute faculty member. If the Chairperson sustains an objection to a student member, the Chairperson shall ask the President of the Student Bar Association to appoint a substitute student member. Once the Chairperson of the Code Committee for a given appeal has sent the Respondent and the Dean or the Dean’s designee, by email, notice of the names of the substitute member(s), the Respondent will have 5 calendar days to object for good cause to the participation in the hearing of any substitute member. The Chairperson of the Code Committee may extend this deadline for good cause. The objection and replacement process will continue until the Respondent no longer objects, or until the Chairperson of the Code Committee determines that the Respondent does not have good cause for objection to the participation in the hearing of any member of the Code Committee, whichever occurs first. The Chairperson of the Code Committee is the final authority on what constitutes good cause.
Open Hearing. The hearing shall be closed to the public unless the Respondent requests that it be open. However, at the request of the Chairperson of the Code Committee, the Dean of Students may attend any hearing, and may be present in person while the Code Committee deliberates, in order to aid the Code Committee in assessing the feasibility of appropriate sanctions and/or remedial measures.
1. Record. A verbatim record of the hearing shall be made through transcription or by electronic recording. A transcript or tape recording shall be furnished to the Respondent upon request to the Chairperson of the Code Committee within 5 calendar days after the hearing. The Chairperson of the Code Committee may extend this deadline for good cause.
2. Representation. The Respondent may represent the Respondent at the hearing or may be represented by a person of the Respondent’s choice, at Respondent’s expense. References hereafter to the Respondent shall include the Respondent’s representative.
3. Evidence. Any oral or documentary evidence may be received by the committee, but the findings of the committee must be based on reliable evidence. The Chairperson of the committee may prohibit the introduction of irrelevant or unduly repetitious evidence, or unreliable information.
4. Order of Hearing:
  1. Opening Statements. The Dean or the Dean’s designee and then the Respondent shall state the issues upon appeal and the contentions of each.
  2. Presentation of Evidence. The Dean or the Dean’s designee shall proceed first with the presentation of evidence, followed by the Respondent.
  3. Questioning. A witness may be questioned by the Dean or the Dean’s designee, by the Respondent, or by members of the committee.
  4. Rebuttal. Following the presentation of evidence by the Respondent, the Dean or the Dean’s designee may offer evidence in rebuttal. The Respondent may then offer evidence in surrebuttal.
  5. Closing Statements. After all the evidence has been presented, closing statements may be made by the Dean or the Dean’s designee and then by the Respondent.
  6. Continuance. If the Dean, the Dean’s designee, or the Respondent asserts surprise by any evidence presented, the Chairperson may grant a reasonable continuance in order to enable the surprised party to obtain evidence to meet the surprise.
  7. Reopening. In the interest of justice, the Chairperson of the committee may permit either the Respondent or the Dean or the Dean’s designee to offer rebuttal evidence or to reopen that person’s case-in-chief.

7.7 Decision of the Committee
The committee shall make its decision within 10 calendar days of the hearing. The Chairperson of the Code Committee may extend this deadline for good cause. The decision shall be in writing and shall state the determinations of the committee. The Chairperson shall send the Dean or the Dean’s designee and the Respondent, by email, a copy of the decision. Any disciplinary penalty approved by the committee shall go into effect upon the sending of the notice to the Respondent.

8. Good Standing Letter

If a student has been charged with a violation of the Student Code of Conduct, but the complaint has been dismissed under Section B.6.1.a, Section B.6.6.a, Section B.6.6.b.i, or Section B.7.3, the Registrar may issue a Good Standing Letter, at the student’s request, without including any reference to the complaint.

If the complaint has been voluntarily resolved under Section B.6.6.b.i, or if the Dean has determined that the student is guilty of violating one or more provisions of the Code under Section B.6.6.b.ii, the Good Standing Letter must include a statement that the student has been subject to disciplinary action. However, if the time to file a notice of appeal pursuant to Section B.7, has not yet run, the Registrar will not issue a Good Standing Letter until the time to file a notice of appeal has run and the student has not filed such a notice, or until the student has notified the Dean that they will not appeal, whichever occurs first.

If the student has timely filed a notice of appeal pursuant to Section B.7, the Registrar will not issue a Good Standing Letter until the appeal has been decided. If, on appeal, the Code Committee determines pursuant to Section B.7.3, that the student is guilty of violating one or more provisions of the Code, the Registrar’s Good Standing Letter must include a statement that the student has been subject to disciplinary action.

9. Amendments

This Code may be amended only after an open meeting for all students to discuss the proposed amendments.

10. Construction

Nothing herein shall be interpreted in a manner inconsistent with the ABA Standards for Approval of Law Schools or any other relevant accreditation standards, as amended from time to time.

C. Other Policies and Conduct Unbecoming a Law Student

Mitchell Hamline School of Law has promulgated other policies that prescribe expectations for academic, professional, and social conduct. Violations of law school policies that contain a specific procedure for addressing violations will be handled through the prescribed procedure. In particular, students should review the Non-Discrimination and Non-Harassment Policy, the Bias Incident Policy, the Hate Crimes Policy, the Sex Discrimination, Sexual Harassment, and Sexual Misconduct Policy and additional policies found in the Mitchell Hamline Policies Repository.

In addition, while a pattern of behavior or pattern of conduct that raises significant concerns about the student’s character or fitness for admission to practice law constitutes a violation the Student Code of Conduct, single instances of conduct unbecoming a law student may be subject to administrative action by the law school without resort to the Student Code of Conduct. Such actions may include but are not limited to:

Grade Reduction: The student’s grade in a course may be reduced if the violation occurs during class meeting hours, during examination or other evaluation periods, involves online or in-person communications between students or faculty relating to that course, or occurs in the course of a student’s interaction with non-Mitchell Hamline students or faculty when the student is engaged in completing work for that course.
Letter of Reprimand: A letter of reprimand by the Dean or Dean’s designee may be placed in the student’s file.
Bar Notification: The Dean may notify the bar authorities in the state in which the student applies to be admitted to the bar describing the conduct.
Counseling Requirement: The Dean or Dean’s designee may require that a student obtain counseling or evaluation for substance abuse, mental health issues, anger management, or other issues, as a condition to continuing their coursework for the semester.
Holds: A hold may be placed on a student record for failure to comply with certain requirements. A hold may prevent a student registering for an upcoming term, accessing grade information, or obtaining transcripts or other official records.