Chapter 12:
Student Code of Conduct

Preamble and Purpose

In addition to following the Honor Code, students must follow this Code of Conduct, which recognizes that the School of Law is a community of scholars and learners, committed to the principles of honesty, trustworthiness, fairness, and respect for others. Students share with the faculty and staff the responsibility for promoting a climate of integrity. Students must adhere to the requirements of the Code of Conduct in both their academic and non-academic endeavors, on and off campus.

Prohibited Conduct

Violations of the Code of Conduct include the following acts and assistance in such acts.

a. Fighting or other conduct that unreasonably endangers or inflicts physical injury upon another, so as to affect directly or indirectly the School of Law community.

b. Disruptive or intimidating behavior that willfully abuses, disparages, or otherwise interferes with another so as to affect adversely another’s academic pursuits, position at the School of Law, opportunities for employment, participation in School of Law-sponsored extracurricular activities, or opportunities to benefit from other aspects of School of Law life.

c. Engaging in recklessly dangerous, disorderly, or obscene conduct affecting University and/or School of Law interests, students, or personnel.

d. Engaging in conduct within a School of Law class or program that substantially disrupts the academic environment.

a. Destroying, damaging, or misusing property belonging to the University, the School of Law, or another individual or entity.

b. Trespassing upon offices or other facilities owned, leased, or managed by the University or School of Law.

c. Misusing, removing, tampering with, or otherwise making less effective, equipment (including but not limited to fire extinguishers, fire alarms, smoke detectors, and emergency call boxes) intended for use in improving or protecting the safety of members of the University or School of Law community on University or School of Law premises.

d. Recklessly or knowingly taking, making, or obtaining a photograph and/or an audio or video recording of a University or School of Law class, program, or activity when photographs or recordings during the University or School of Law class, program, or activity were expressly prohibited.

a. Abusing a position of trust or responsibility within the School of Law community.

b. Failing to comply with School of Law or University disciplinary proceedings or the terms of any sanction imposed pursuant to such proceedings.

c. Violating the School of Law Alcohol Policy.

d. Violating the University Policy on Responsible and Ethical Use of Computing.

a. As students of the University, law students are also governed by University-wide policies, including the Wake Forest University Student Sexual Misconduct & Discrimination Policy (Reynolda Campus), which will be administered and interpreted by the University according to the rules and policies articulated in that policy. In the event of a conflict with this Student Code of Conduct, the Sexual Misconduct & Discrimination Policy will control.

b. The Sexual Misconduct & Discrimination Policy defines the prohibited sexual misconduct, and covers sexual/gender-based harassment, sexual assault, sexual exploitation, stalking or cyberstalking, and relationship violence.

c. In addition, a student may be subject to proceedings under this Student Code of Conduct when information about a possible violation of this Code is brought to the attention of the University or the School of Law during an investigation or hearing under the Student Sexual Misconduct & Discrimination Policy. For example, a student may be charged with a violation of this Code for destruction of property when information about the alleged violation is brought to the attention of the School of Law during an investigation of a possible violation of the Sexual Misconduct & Discrimination Policy involving the same student.

A student may be subject to proceedings under this Student Code of Conduct for conduct violating the Wake Forest Law Alcohol and Substance Abuse Policy (“ASAP”). The School of Law will take into consideration whether a reported violation of the ASAP is a student’s first offense when determining whether to proceed with a hearing pursuant to this Code.

Organized groups, including student organizations and clubs recognized by the School of Law, are subject to the same standards as are individual members of the School of Law community. The commission of any offense contained in the Code of Conduct by such a group or its members acting in concert, or the failure of such a group to exercise preventive measures relative to violations of the Code by its members will constitute a group offense that may be sanctioned in addition to sanctions imposed for offenses by individual students.

The School of Law will have the authority to hold students accountable under this Code of Conduct for certain off-campus conduct (i.e. conduct that does not occur on University premises or in the context of a University, School of Law, or student organization sponsored event or activity) that adversely affects a substantial University or School of Law interest. In determining whether the conduct adversely affects a substantial University or School of Law interest, the following will be considered:

Decanal Authority

The Dean, the Sr. Associate Dean for Academic Affairs, or the Assistant Dean for Student Affairs may temporarily suspend a student if they reasonably believe such action is necessary to protect members of the School of Law community, visitors, or School of Law property, or to avoid serious interference with the educational mission of the School of Law.

A student who has been temporarily suspended is ineligible to attend classes, to remain on the premises of the School of Law, and to participate in any School of Law activity. Within five calendar days of the suspension, the Dean’s office will notify the student in writing of the reasons for the suspension. This notification will serve as the complaint referenced in the next section and initiate the Preliminary Review proceedings.

Faculty Procedures on Discipline

Complaints under this Code of Conduct must be in writing and made to the Dean’s office. If the Dean or the Assistant Dean for Student Affairs decides there is sufficient cause for further consideration, the matter will be referred to the Chair of an ad hoc, preliminary review faculty committee (“the PR Committee”) constituted by the Dean.

The Preliminary Review Committee ("PR Committee") will review the complaint and any written statements or supporting material provided by the complainant(s) and/or the Dean’s Office. It may also question persons alleged to have knowledge of the violation and must afford the student against whom the complaint is made the opportunity to appear and be heard before the PR Committee. 

If a majority of the PR Committee decides that the charge does not warrant additional faculty action, the PR Committee will inform the Dean in writing of the reasons for its decision and will return to the Dean’s office any written statements and/or supporting material. 

If the PR Committee decides that the charge warrants an adjudication hearing, the Chair of the PR Committee will notify the student in writing of the reasons for its decision and refer the matter to the Academic Rules and Discipline Committee (“ARD Committee”). 

All preliminary review proceedings must be completed within fourteen calendar days of receipt of the complaint, unless the Dean of the School of Law determines that the PR Committee should await the conclusion of the proceedings taken under separate University policies. In that situation, the fourteen days will begin when the University proceedings have concluded.

3. Hearing

The ARD Committee will hold an adjudication hearing within ten calendar days of the referral from the PR Committee. The student will be given notice of the date of the hearing at least seven calendar days before the hearing. 

At the hearing, a faculty representative appointed by the Dean will present evidence of the charge. The hearing will be recorded and closed to the public except that the student, the student’s representative, and two non-witness Student Bar Association members selected by the student may attend. The student may only select as a representative another student from the School of Law. 

Rules of evidence applicable in a court of law will not apply, but the Chair or other presiding member of the ARD Committee may exclude proffered evidence on the basis that it is immaterial, irrelevant, not trustworthy, or cumulative. At the hearing, all witnesses will be sequestered prior to their testimony, except that the accused student may be present at all times.

4. Findings and Recommendations

An affirmative vote of a majority of members of the ARD Committee is necessary for an adjudication of responsibility for violating the Code of Conduct. The vote must be completed within 24 hours of the hearing. 

Following an adjudication of responsibility, the ARD Committee will proceed to sanctions, hear further evidence relating to the question of sanctions, or continue the hearing for no more than five calendar days for the presentation of evidence relating to sanctions. If an additional hearing on sanctions is held, the vote on sanctions must be completed within 24 hours of the hearing. 

If a student is found responsible for violating this Code of Conduct, the ARD Committee, within ten calendar days of its determination of responsibility and recommendation of sanction(s), will present its written findings to the faculty for final action. The written findings will be presented at a faculty meeting. Disciplinary sanctions that may be imposed for a violation of this Code of Conduct include any of the following. More than one sanction may be imposed. 

In imposing sanctions, the School of Law will be guided by the stated purpose of this Code of Conduct. When addressing violations caused in whole or part by alcohol or substance abuse, the School of Law may also consider the role of and need for treatment for any underlying disease of addiction.

The PR Committee and the ARD Committee may request in writing that the Dean or Sr. Associate Dean for Academic Affairs grant an extension of time for any of the above proceedings. Upon finding that an extension of time will further a just determination of the matter, the Dean or Sr. Associate Dean for Academic Affairs may grant a reasonable extension of time not to exceed seven calendar days.

5. Faculty Review

Full-time residential faculty (excluding visiting faculty and faculty who have a conflict of interest in the matter) will review and act upon the adjudication of responsibility and recommendation for sanction(s) of the ARD Committee at the faculty meeting when the ARD presents its written findings. 

The faculty may accept or reject the adjudication of responsibility and/or remand for further proceedings to be completed and presented to the faculty within ten calendar days. The faculty may also accept, reject, or modify the ARD Committee’s recommendation for sanction(s).

This Code of Conduct was approved by the faculty on February 19, 2016, and revised on May 17, 2018.