The University of Kansas Medical Center
Adopted by MSA on March 7, 2006
Developed by the Honor Council of University of Kansas School of Medicine
A student shall not:
It is each student's responsibility to take an active role in upholding the rules of the Honor Code.
Any person who believes that an Honor Code violation may have been committed shall make an accusation to a member of the Honor Council, the Dean of Student Services or the Associate Dean for Student Affairs. The complaint shall be made in writing and should contain: 1) the accusing person's name; 2) the identity of the person believed to have committed an Honor Code violation; and, 3) a brief description of the facts supporting the accusing person's belief. The accusations will be promptly forwarded to the Chairperson of the Honor Council.
Honor Code Procedure
a. Said special election shall involve only the departing member's class and take place no less than seven (7) but no more than fifteen (15) days following the departing member's last day as a member of the Council.
b. The Co-chairpersons of the Honor Council shall, in writing through campus e-mail, notify members of the class in question of the vacancy and the date chosen for the special election.
c. The announcements of candidacies and form of ballot shall follow the procedure set out in Article 1, Section (A) (4) above. The winner shall be that candidate receiving the most votes.
B. Term of the Honor Council
The Honor Council shall be deemed to be in session year-round.
1) If, in the judgment of the current Co-chairpersons of the Honor Council, reasonable doubt exists about whether any part of Article VII of this Procedure can be completed, any accusation or current case may be deferred to the Academic Committee.
2) Notwithstanding Section (1) above, if the accused student will, in the judgment of the Co-chairpersons of the Honor Council, be graduating or transferring from the medical school before a hearing can be completed, the Co-chairpersons of the Honor Council shall immediately stop Honor Council activity and refer the matter, along with any information generated by the Honor Council to the Academic Committee for disposition.
C. Honor Council Co-chairpersons
Duties and Responsibilities
The Honor Council Co-chairpersons shall have the duties of receiving initial Honor Code complaints, referring complaints to the Investigator, presiding over formal hearings in a neutral role, receiving the formal determinations of the Honor Council, drafting the statement of formal charges against students about whom a finding of probable cause has been made, and serving in an advisory role to accused students. The Co-chairpersons shall not have the power to vote on any issue at the Honor Council hearing. The Co-chairpersons should also act as a liaison between the accused student and the Deans of Student Affairs following the decisions of a formal hearing.
a. There shall be two Co-Chairpersons from the third-year class of council members, one from each campus. Fellow members of the Honor Council shall make nominations for the Co-chairpersons, and the election shall be held at the beginning of each school term. The body of the Honor Council will vote on the Co-Chairpersons.
b. The student with the most votes from each campus shall assume the role as Co-chairperson.
c. The terms of the Co-chairpersons shall be for one school term, which ends with election of the succeeding Co-chairpersons.
d. Should any Co-chairperson become unable to serve or complete his/her scheduled term, another election within the Honor Council shall be held to replace that individual. Refer to item 1C.
3) Continuation of chairperson's term
a. Should a sitting Co-chairperson's term as chairperson expire during an ongoing honor council case, the chairperson shall continue his/her duties as chairperson for that case until it is completed. A new Co-chairperson shall then be elected following the completion of the case as described in Section C Part 2.
4) Transition to the following year's council
It shall be the responsibility of the second year members of the Honor Council to coordinate the election of new members from the incoming class. The Co-chairpersons will have the added responsibility of providing for any necessary transition between the outgoing and incoming Councils.
II. Faculty Advisor
Each Co-chairperson shall meet with respective Deans of Student Affairs in Wichita and Kansas City, who will serve as the faculty advisors. The faculty advisor shall interact only with the Co-chairpersons of the Council and shall not participate in any aspect of an Honor Council trial.
III. Reporting a Violation/Initiating an Accusation
A. Initial Procedure
1) Any person who, in good faith, believes that an Honor Code violation may have been committed shall make an accusation to a member of the Honor Council, the Dean of Student Services, or the Associate Dean for Student Affairs. The accusation shall be made in writing and shall consist of the following:
a) The reporting person's name.
b) The identity of the person he/she believes committed an Honor Code violation.
c) A brief description of the facts supporting the reporting person's belief. Any designated authority, upon receiving such an accusation, shall immediately forward the complaint to the Co-chairpersons of the Honor Council.
2) Upon receiving an accusation, the Co-chairpersons of the Honor Council shall, within seven days:
a) Notify each member of the Honor Council that an accusation has been received.
b) Establish a confidential file in the Office of Student Affairs (file to be accessible only to the chairperson of the Honor Council). The confidential file shall include all documents, including the original accusation and all documents generated by the Council, pertaining to the case.
c) Notify the accused student, by telephone or e-mail, of the nature of the accusation, the facts supporting the accusation, and the fact that the matter has been referred to the Honor Council. The Co-chairpersons shall also notify the accused student of his rights as enumerated in Section VIII of this Code. Under no circumstances during the initial conversation with the accused student shall the identity of the individual making the complaint be revealed to the accused student.
3) If, upon the discretion of the Co-chairpersons and Dean of Student Affairs, it is deemed that item (2) directly above shall not occur within seven (7) days, the initial procedures aforementioned must be completed no later than fourteen (14) days from receiving an accusation.
IV. Honor Council Procedure
The Honor Council shall begin its investigation immediately upon receipt of the accusation form.
The investigation shall consist of the following:
a) Interviewing the person initiating the accusation.
b) Interviewing the student who is the subject of the accusation.
c) Interviewing any other person whom the Honor Council believes may have information relevant to the accusation.
d) Discovery, collection, and review of all documents or other evidence which may be relevant to the accusation, but limited to those documents which will not unreasonably violate the privacy of the accused student.
1) Upon completion of its investigation, the Honor Council shall meet to review the evidence and make a determination of whether there is probable cause to formally charge the student with an Honor Code violation. If the accused student is to be charged with a formal violation, the Co-chairpersons of the Honor Council shall then, by email, send a copy of the formal statement of charges to the accused student. Copies of the formal statement of charges shall be sent to the Dean of Student Affairs as well. Since this is not a formal hearing, the consent of three (3) council members (not including the primary investigator, prosecutor, and Co-chairpersons) is required to formally charge a student.
2) If the determination of the Honor Council is that no probable cause exists, the chairperson of the Honor Council shall notify the accused student and the Dean of Student Affairs of the determination. No further action will be taken in this instance, and any case materials generated will be destroyed.
V. Special positions
VI. Hearing Procedure
A. Formal Hearing
B. Guilty plea
C. Not Guilty plea
If the student pleads "not guilty," the hearing shall immediately proceed in accordance with Article VI, Section (D) of this procedure.
D. Not Guilty procedure
a) "The accused student, while he/she may have presented evidence, is not required to prove anything at this hearing, and the student's innocence must be presumed until proven otherwise by evidence gained during the investigation."
b) " 'Burden of Proof,' for the purpose of this hearing, shall mean that the Honor Council members must be made to believe, by clear and convincing evidence, that the accused student is guilty of one or more of the charges offered and that the conduct specified in said charges constitutes a violation of the Honor Code." (The term "clear and convincing" is defined in section IX, item 8.)
c) "If you believe that the accused student is guilty of the following claims (list each claim or charge), then you shall vote against the student on said claim or charge. If you do not believe such guilt exists, your vote shall be in favor of the student upon such claim or charge, proceeding in like manner to each charge until all are voted upon."
If the finding of the Honor Council is "not guilty," the charge fails, and there shall be no further proceedings against the accused student on said charge. The contents of the confidential file shall either be destroyed or, if borrowed, returned to its owners. In addition, the audio recording from the trial will be discarded properly.
E) Guilty verdict
Following a finding of guilty and a recommendation of discipline by the Honor Council, the matter shall be forwarded to the Academic Committee after the five (5) day period for the accused student to file his notice of appeal pursuant to Article VI, Section (17)(1) has expired. Barring an appeal, the Academic Committee shall, with due consideration given to the Honor Council's recommendation of discipline, determine the discipline to be administered to the accused student. The Academic Committee is not bound by the Honor Council's recommendation of discipline and may make its own determination as to the discipline to be administered.
F) Appellate Procedure
a) Should the Academic. Committee affirm the Honor Council's determination, the Academic Committee shall proceed, in accord with Article VI, Section (E) of this procedure, with its determination of the discipline to be recommended to the Dean.
b) Should the Academic Committee reverse the Honor Council's determination of guilt, the charge fails and there shall be no further proceedings against the accused student on said charge.
G) Appeal to the Dean of the Medical School
Within five (5) days after the Academic Committee has notified the accused student that it has affirmed the Honor Council's determination of "guilty" and recommended the specified discipline, the accused student may appeal directly to the Dean of the Medical School, who may meet with the student, review the evidence, and either accept or reject the Honor Council's determination of guilt or modify the Academic Committees recommendation of discipline. The determination of the Dean of the Medical School is final, and no further appeal will be available to the accused student.
1) Amendments to this code and/or procedure may be proposed by any current member of the student body. In order to be placed before the student body for a vote, proposed amendments must:
a) Be in written form, specifying the section of the code and/or procedure to be amended, the language to be deleted, if any, and the language to be added, if any.
b) Be supported by at least ten (10) percent of the student body, as evidenced by their signatures on a petition or petitions precisely setting forth the information required by Article VII, Section (A)(1)(a) above.
2) Proposed amendments, meeting the requirements of Article VII, Section (A)(1) above, must be submitted to the current chairperson of the Honor Council at either campus. Said chairperson shall, as soon as practicably possible, contact his/her counterpart at the other campus. Together, the two chairpersons shall determine whether the proposed amendment(s) are in proper form pursuant to Article VII, Section (A)(1) and verify that the names appearing on the petition(s) are those of students currently enrolled and that the number of names on the petition(s) is equal to or greater than ten (10) percent of the current student body. Amendments not in proper form or not accompanied by the requisite signatures shall be rejected and returned to the proposing student(s) with a written explanation of deficiencies. Said deficiencies may be corrected and the proposed amendment(s) resubmitted by the proposing students at any time.
3) Should the chairpersons of the Honor Council determine that a proposed amendment meets the requirements of Article VII, Section (A), the chairpersons shall schedule a special election to take place.
4) The chairpersons shall notify the members of the Honor Council by phone/mail/e-mail no later than seven (7) days prior to the scheduled meeting and shall make available copies of the proposed amendment to each member of the Honor Council at least four (4) days prior to the meeting date. The proposed amendment shall pass the Honor Council by a 2/3 majority vote of a quorum of members.
VIII. Rights of the accused student
Any student against whom an Honor Code complaint is made shall have the following rights to be observed by all individuals and entities throughout the course of the Honor Council and appellate proceedings.
A) The accused student shall have the right to notification within seven working days that an Honor Code accusation has been made against him/her.
B) The accused student shall have the right to complete access to any evidence, witness statements, or any other materials generated or discovered by the Honor Council chairperson during the investigation.
1) Intent: A person acts with intent when, at the time he commits the act, he desires to cause the consequences of his act or believes that the consequences are substantially certain to result from it. (Black's Law Dictionary, 5th Ed.).
2) For credit: A student has submitted an item of work for credit when the evaluation of the work is, either wholly or partially, determinant of the student's grade in the course or clinic.
3) Required element of a course or clinic: An item of work is a required element of a course or clinic when the student either knows or should know that submission or performance of the work is necessary to complete the course or clinic, regardless of whether the medical school offers credit for said course or clinic.
4) Academic activity: An academic activity is any function or activity undertaken or engaged in by a student, whether for credit or not, which directly relates to the student's medical education or fulfillment of the requirements for the student's medical education, or any function or activity undertaken or engaged in by a student in the name of the University of Kansas Medical Center.
5) Health care team: For the purposes of this code, a patient's health care team shall include their staff physician(s), the physicians consulted on the patient's behalf, the resident physicians responsible for the patient's care, the nurses responsible for the patient's care, any social workers, psychologists, or technologists consulted on the patient's behalf, and the medical and nursing students assigned to said team.
6) Honor Council proceeding: An Honor Council proceeding shall be considered to have begun with the report of a violation or initiation of a complaint pursuant to Article III of the Procedure and ended with the end- of the appeals process in Article VI of the Procedure and shall include any action of the Honor Council, Academic Committee, Dean of Students, Associate Dean for Student Affairs, or Dean of the Medical School pursuant thereto.
7) Relevance: Evidence is relevant if it has any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. (Black's Law Dictionary, 5th Edition).
8) Clear and convincing: To be clear and convincing, evidence should be "clear" in the sense that it is certain, plain to understand, unambiguous, and "convincing" in the sense that it is so reasonable and persuasive as to cause you to believe it. From: Pattern Instructions Kansas 3d.
Last Modified: March 7, 2006. For more information contact: Laura Zeiger.