At the University of South Dakota (USD) Knudson School of Law, honesty and integrity are essential qualities for law students. All students are expected to conduct themselves in a manner fitting the legal profession, in all aspects of student life. Misconduct in academics, professional settings, and extracurricular activities is not tolerated and is subject to the School of Law's student disciplinary procedures.
Students who are unable to demonstrate the qualities of good character needed to obtain certification by the School of Law for admission to the practice of law will, unfortunately, face severe consequences. Misconduct of this nature could prevent a law student from finishing their degree on time or even from being able to pass the bar's character and fitness exam.
If you have been accused of misconduct at Knudson School of Law, consider contacting a student defense attorney-advisor for assistance.
Misconduct at USD School of Law
USD School of Law has an Honor System that applies to all aspects of student life. This Honor System and the Student Disciplinary Procedures used to enforce it are in the Student Handbook. The Honor System is in effect in all of the following contexts for law students:
- Courses at the School of Law
- While working as a clinical intern or extern
- Participation in co-curricular activities
- Summer employment
It's not limited to these four situations; they're merely examples to show that students should always conduct themselves with honor and integrity when they are matriculated at the USD School of Law.
Examples of Academic and Professional Misconduct
The Student Handbook doesn't provide many specific examples of what is considered an honor violation, but it does list these behaviors as condemnable:
- Lying
- Cheating
- Stealing
- Plagiarizing
- Breaking one's word of honor
In addition to following the rules in the School of Law's Student Handbook and the USD Student Handbook, law students must also conform to the standards appropriate to a professional school and the Rules of Professional Conduct as approved by the Supreme Court of South Dakota.
Procedures for Student Discipline at USD School of Law
All violations of the Honor System or professional misconduct accusations are handled by the School of Law's Disciplinary Board. This Board has three student members and two faculty members, as well as an additional faculty member to serve as Examiner. When dealing with misconduct, there is a five-step process that the Board and Examiner must follow:
- Reporting the allegation
- Notice and preliminary procedures
- Hearing
- Findings and determination
- Appeal and final action
Reporting the Allegation
Any faculty, student, or staff member may report an allegation of misconduct to the Examiner via a signed, written statement. The statement should contain names of known witnesses, statements, or other data.
The Student Handbook does allow faculty members to impose academic sanctions for misconduct that affects a student's performance in their courses. This punishment would be in addition to the sanctions that the Examiner and Disciplinary Board would implement.
Notice and Preliminary Procedures
The Examiner notifies the accused student of the allegation against them and that the Examiner will begin an investigation into the matter. At this time, the accused student can submit information to the Examiner and may also speak with the Examiner as part of the investigation.
Once the Examiner has gathered all the information, they will make one of the following recommendations to the Board:
- Hold a hearing
- Issue a private reprimand with no hearing
- Take no further action on the issue
Hearing
If the Board chooses to have a hearing, it must give the accused student ten working days to prepare. At the hearing, the student may be represented by the counsel of their choice, examine witnesses and evidence, and make a statement in their own favor. They can also cross-examine witnesses and present rebuttal evidence.
Findings and Determination
As soon as the hearing is over, the Board meets to determine whether the allegations against the accused student are supported by a preponderance of the evidence. Three of the five Board members have to vote in favor of the allegation being supported for the decision to pass. If that happens, the Board must determine an appropriate sanction, which is also agreed upon by an affirmative vote of three Board members. Sanctions involving expulsion or suspension require four affirmative votes, however.
Appeals
Once the accused student receives notice of the decision and sanction, they have five working days to submit a written appeal to the Dean. The Dean can approve or disapprove the actions of the Board, in whole or in part, and substitute a different finding and less severe sanction. The Dean may also decide to return the matter to the Board for further consideration.
If a student wishes to appeal the Dean's action, they can file an appeal request with the President of the University of South Dakota within ten calendar days of the Dean's decision. The President can act on the appeal at their own discretion, including modifying the Dean's action. This step is the final chance students have to appeal in the disciplinary process.
Potential Sanctions for Academic and Professional Misconduct at USD School of Law
The Student Handbook only mentions a few potential consequences for misconduct:
- Academic sanctions
- Private reprimand
- Suspension
- Expulsion
How a Student Defense Attorney-Advisor Can Help
If you are suspected of misconduct at USD School of Law, you will have to go through the formal disciplinary procedures—which can be overwhelming. A student defense advisor can not only represent you at the hearing but can also help you find evidence and prepare your overall defense strategy. They can be your guide as you deal with your law school's misconduct process.
Joseph D. Lento has helped hundreds of students across the country with academic and professional misconduct accusations and has the unique experience to advise you on how best to handle the situation. Contact the Lento Law Firm today by calling 888-535-3686 to protect your career as a lawyer.
