Rule XIII-1: Conduct Code

A. Introduction

  1. PREAMBLE

UNH Franklin Pierce School of Law (UNH Law) is devoted to education and research, functioning through a self-governing community of people voluntarily associated for those purposes. The members of this community are entitled and expected to exercise the rights and judgment of responsible adults and future professionals.

These rules of conduct are minimum standards designed to protect the functions of the community. They cannot, and are not intended to, replace the much higher standards of respect, consideration, honesty, and civility which should govern our behavior. This is not a comprehensive code of ethics. In a small community, public scrutiny, free speech, and free association often offer the best correctives of behavior that one considers inappropriate, offensive, or wrong, and similarly good incentives for admirable conduct.

All members of the UNH Law community are encouraged to report acts of academic and unprofessional misconduct.

  1. PURPOSE OF THE CODE OF CONDUCT

    1. To preserve the academic integrity of teaching and learning, and the evaluation of those results.
    2. To preserve and assure professional conduct amongst members of the UNH Law community.
    3. To preserve the peace and property of UNH Law, its members, and visitors.
    4. To carry out the professional responsibilities of UNH Law in its capacity as a legal services corporation (NH RSA 292:1-a) and those of its members who have undertaken representation of others in connection with their study.
    5. To permit disassociation from the UNH Law community of those who have breached professional duties and responsibilities.

  2. APPLICABILITY TO STUDENTS; VARYING PROCEDURES, ROUTING FOR COMPLAINTS

    1. “Student” is any person reported by the Registrar as taking one or more courses at UNH Law. It includes:
      1. Anyone enrolled in full-time and part-time degree, certificate or credit bearing programs;
      2. Non-university personnel living in University owned housing;
      3. Persons who have matriculated for a UNH Law degree or are taking courses for UNH Law credit or for transfer credit;
      4. Students in internships and legal residencies;
      5. Persons who are not officially enrolled in credit bearing studies for a particular term but who may have a continuing student relationship with UNH Law including persons who are interim suspended, withdrawn, separated or otherwise have a reasonable expectation of resuming enrollment in courses are considered “students.”
      6. Students who have completed the course work to receive a degree but who remain on campus.
    2. The substantive rules of UNH Law Conduct Code and the University of New Hampshire’s Students Rights, Rules & Responsibilities handbook apply to students at UNH Law.
    3. Academic and professional misconduct complaints will follow the policies and procedures outlined in this Code of Conduct. All other complaints of misconduct will be under the jurisdiction of the UNH Student Code of Conduct.
      1.  Procedures for Title IX matters for Responding to Sexual Violence, Sexual Harassment, and Related Offenses within the UNH Student Code of Conduct, Article VI, apply to students of UNH Law.
      2. Procedures for Title IX matters for Responding to Discrimination and Discriminatory Harassment within the UNH Student Code of Conduct, Article VI, apply to students of UNH Law.
      3. Title IX complaints will be reported to the Civil Rights and Equity Office and will follow the University of New Hampshire's Title IX process.

  3.  OBLIGATION TO KNOW THE RULES, MENTAL STATES

    1. Every student is obliged to conform to these rules and to seek timely guidance if they fail to understand them. Ignorance or misunderstanding of one or more rules is not a defense to a charge, although it may be considered in mitigation.
    2. Unless a stricter mental state is specified as an element of a particular violation, a person may be found in violation of this Code if their failure to act in accord with it was merely negligent. Negligence in this respect means ordinary (as opposed to criminal) negligence and includes failure to act with the care and attention of a reasonable person similarly situated and informed, acting in good faith. Violations may also be charged as having been committed recklessly, knowingly or purposefully, which, in cases of doubt, shall have the same meanings as under the Model Penal Code.

B. Prohibited Conduct

The following misconduct categories describe actions that detract from the effectiveness of the UNH Law community and are prohibited but do not include constitutionally protected activity. This section is not meant to curb, impede, or chill free speech or expression that is protected by law and adheres to reasonable time, place and manner guidelines. Any examples of prohibited conduct are illustrative and should not be read as a comprehensive list.

  1. ACADEMIC MISCONDUCT  

    Students must pursue their academic work in a straightforward and truthful manner, free from deception or fraud. Students are expected to complete independent, original work for each academic activity unless otherwise specified by the faculty member teaching the course. Students should seek clarification when in doubt.

    Any action, including plagiarism, cheating, or unauthorized use of artificial intelligence (defined in paragraphs (a), (b), and (c) below), that misrepresents a student’s work, knowledge, or achievement will be deemed an act of academic misconduct.

    1. Plagiarism

      1. Submitting as one’s own, for academic credit or evaluation, quotations, paraphrasing or distinctive ideas of another without sufficient citation to identify the source and scope of the borrowing is a violation, even if merely negligent.
      2. Knowing or purposeful publication of language taken from the work of another without attribution in the course of work connected to UNH Law activities is a violation, except where, as in the case of form books, formulae, etc., it is commonly understood in the field that use is to be made without citation.
      3. Other provisions of this Code may also apply to plagiarism as well as to other forms of misuse of another’s work.

    2. Cheating


      Any reckless, knowing, or purposeful act in connection with any course or activity for academic credit which violates the rules for performance and evaluation of that activity is a violation.

      These include, but are not limited to, the following:
      1. Providing or receiving assistance in a prohibited manner.
      2. Discussing an exam or quiz under circumstances where members of the class have not taken it and may discover its content.
      3. Acquiring, using, or providing prohibited sources.
      4. Multiple submission of written work without prior permission from each instructor.
      5. Collaboration on any course work beyond the degree of collaboration authorized by a course instructor.
         

    3. Unauthorized Use of Artificial Intelligence

      Any knowing or purposeful act which violates the following is a violation: To use artificial intelligence to generate work submitted in a course, students must have express prior written permission from the faculty member teaching that course. This prior written permission can come from the course syllabus. Any attempts to deviate from this principle by submitting work that is not independent and original will be construed as acts of academic misconduct.

  2. PROFESSIONAL MISCONDUCT

    Professional misconduct consists of conduct that involves a material level of dishonesty, fraud or deceit; or conduct that violates the standards of professional ethics established for lawyers; or otherwise adversely reflects on the fitness of the student for admission to the bar.

    Examples of professional misconduct include, but are not limited to, the following:

    1. False Statements


      It is a violation to knowingly or purposely give any materially false information:
      1. To any person properly involved in admissions, financial aid, career counseling, academic standing evaluations and proceedings, academic counseling, Conduct Code investigations and proceedings, or to custodians of other educational records; or
      2. To any member of the faculty or staff making a direct inquiry regarding the reasons for the student’s absence or lack of preparation during the current term or regarding outside employment status.
      3. To alter any UNH Law document or record, or to materially misreport any grades, degrees, activities, honors, or status at UNH Law.

    2. Concealment


      It is a violation to knowingly or purposefully do any act to conceal material information from:
      1. Any person properly involved in admissions, financial aid, career counseling, academic standing evaluations and proceedings, academic counseling, Conduct Code investigations and proceedings, or custodians of other education records; or
      2. Any member of the faculty or staff investigating the reasons for the student’s absence or lack of preparation during the current term or regarding outside employment status.
      3. A refusal to provide material information can be deemed as an act of concealment.

    3. Obstruction with the UNH Law Conduct System


      It is a violation to knowingly or purposefully commit any of the following acts:
      1. Fail to cooperate or respond to any notice from a UNH Law official who has responsibility for any aspect of the UNH Law conduct system, unless (and only to that extent) such cooperation would require statements that could be reasonably understood to expose the person questioned to criminal charges or disclose privileged information.
      2. Falsify, distort, mislead, or misrepresent information before a UNH Law disciplinary body.
      3. Deliberately disrupt or interfere with the orderly conduct of an investigation or disciplinary proceeding.
      4. Destroy or withhold information related to a potential or actual UNH Law Code of Conduct or policy violation.
      5. Attempt to discourage an individual’s proper participation in or use of the UNH Law conduct system.
      6. Attempt to influence the impartiality of a UNH Law official prior to, during the course of, or after a disciplinary proceeding.
      7. Report a student for disciplinary action without cause or make deliberate false accusations, as opposed to allegations which, even if erroneous, are made in good faith.
      8. Solicit or aid in the commission or concealment of a violation of these rules.

    4. Confidentiality

      It is a violation to breach the confidentiality of any information or proceeding made confidential by written rules of UNH Law, by the applicable rules of professional responsibility, or by state or federal statutes relating to the confidentiality of education records including, but not limited to, admissions, financial aid, grades, exam numbers, academic standing evaluations and proceedings, and UNH Law Conduct Code investigations and proceedings.

    5. Professional Responsibilities

      Students directly or indirectly engaged or assisting in legal representation of others are responsible for ascertaining the scope of their legal and ethical obligations, including court rules and applicable rules of professional responsibility.  Any failure to carry out such obligations in connection with their studies or work at UNH Law is a violation of this Conduct Code.

    6. Obstructing the Academic Work of Others

      It is a violation to knowingly or purposely steal, destroy, conceal, deface, or mutilate the academic resources of another student. Academic resources can include another students' books, class notes, outlines, study materials or laptop.