UNIVERSITY OF MISSISSIPPI SCHOOL OF LAW
STUDENT BODY CONSTITUTION
Revised and Amended April 8, 2008


WE, THE STUDENTS OF THE UNIVERSITY OF MISSISSIPPI SCHOOL OF LAW, IN ORDER TO PROMOTE THE GENERAL WELFARE OF OUR STUDENT BODY, HEREIN AND HEREBY SET FORTH THE FUNDAMENTAL PRINCIPLES OF STUDENT GOVERNMENT FOR OURSELVES AND OUR SUCCESSORS AND ORDAIN AND ESTABLISH THIS CONSTITUTION.

TABLE OF CONTENTS
ARTICLE I: About the LSSB
ARTICLE II: Officers
ARTICLE III: Money
ARTICLE IV: Election
ARTICLE V: Senate
ARTICLE VI: Social Committee
ARTICLE VII: Honor Council
ARTICLE VIII: Amendment and Revision Procedures
ARTICLE IX: Amendments
ARTICLE X: Dated

ARTICLE I

Section 1 Members of the Law School Student Body

1.1 All Students enrolled in the University of Mississippi School of Law ( Law School) who satisfy the required dues, except those hereinafter identified as being Special Students, shall be members of the Student Body. All persons in attendance at the Law School, who are not working toward a Juris Doctorate degree, including those students who have previously obtained their degrees, shall be designated as Special Students and not members of any Class, nor shall they have any right to vote in any Class or Student Body election. All other members of the Law School Student Body (LSSB) who satisfy the required dues shall be designated as Regular Students and shall be divided into three (3) Classes.

Section 2 Members of the Freshman Class

1.1 The Freshman Class shall be composed of all Regular Students who have completed less than twenty-eight (28) semester hours at this or any other school of law recognized by the Law School Administration (Administration). 

Section 3 Members of the Junior Class

1.1 The Junior Class shall be composed of all Regular Students who have completed more than twenty-seven (27), but less than fifty-eight (58) semester hours at this or any other school of law recognized by the Administration.

Section 4 Members of the Senior Class

1.1 The Senior Class shall be composed of all Regular Students who have completed at least fifty-eight (58) semester hours but less than the number of semester hours required for graduation at this or any other school of law recognized by the Administration.

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ARTICLE II

Section 1 Student Body Officers

1.1 The Student Body shall elect officers to serve as President, Vice-President, Secretary, Treasurer, Honor Council Chairman, and Social Chairman.

Section 2 Qualifications

2.1 President

(1) Shall have completed at least twenty-nine (29) semester hours by the time of the election.

(2) Shall have at least a 2.25 Cumulative Grade Point Average.

(3) Shall be in residence at the Law School during the academic year in which he or she is to serve.

2.2 Vice-President

(1) Shall have completed at least twenty-nine (29) semester hours prior to taking office.

(2) Shall have at least a 2.25 Cumulative Grade Point Average.

(3) Shall be in residence at the Law School during the academic year in which he or she is to serve.

2.3 Secretary

(1) Shall have completed at least twenty-nine (29) semester hours prior to taking office.

(2) Shall have at least a 2.25 Cumulative Grade Point Average.

(3) Shall be in residence at the Law School during the academic year in which he or she is to serve.

2.4 Treasurer

(1) Shall have completed at least twenty-nine (29) semester hours prior to taking office.

(2) Shall have at least a 2.25 Cumulative Grade Point Average.

(3) Shall be in residence at the Law School during the academic year in which he or she is to serve.

2.5 Honor Council Chairman

(1) Shall have completed at least twenty-nine (29) semester hours prior to taking office.

(2) Shall have at least a 2.25 Cumulative Grade Point Average.

(3) Shall be in residence at the Law School during the academic year in which he or she is to serve.

2.6 Social Chairman

(1) Shall have completed at least twenty-nine (29) semester hours prior to taking office.

(2) Shall have at least a 2.25 Cumulative Grade Point Average.

(3) Shall be in residence at the Law School during the academic year in which he or she is to serve.

2.7 Attorney General

(1) Shall have completed at least twenty-nine (29) semester hours prior to taking office.

(2) Shall have at least a 2.25 Cumulative Grade Point Average.

(3) Shall be in residence at the Law School during the academic year in which he or she is to serve.

3.1 President

(1) Shall preside over meetings of the Student Body.

(2) May appoint any Regular Student to any Committee at his or her discretion, subject to ARTICLE V, Section 4.1, which he or she deems necessary and proper for the functioning of student affairs.

(3) Shall have the power to call meetings of the Student Body.

(4) Shall coordinate the proper administration and functioning of the Student Body Office.

(5) Shall initiate, by and through a member of the Student Body Senate, any by-law, resolution, proposal or Amendment to this Constitution which he or she deems necessary to carry out any matter properly of interest to the Student Body.

(6) In the absence of a signature by the Treasurer, shall sign all checks drawn on Student Body accounts.

3.2 Vice-President

(1) In case of any temporary absence of the President, the President’s duties shall be performed by the Vice-President.

(2) Shall be the presiding officer at all meetings of the Student Body Senate.

(3) Shall perform such other duties as are required of him or her by the President or Student Body Senate.

3.3 Secretary

Shall keep a permanent record of the proceedings of all meetings of the Student Body and the Senate and of all matters deemed advisable by the President or the Senate.

• Shall work with the leaders of all law student organizations to compile a master calendar of all events hosted by law student organizations throughout the year and shall publish such calendar to the Law School by way of one (1) or both of the following:

(3) Shall issue notice of all meetings of the Student Body and Senate.

(4) Shall conduct the correspondence of the Student Body and the Senate with the concurrence of the President.

(5) Shall publish to the members of the Student Body the minutes of meetings of the Student Body and of the Senate within two (2) working days of such meeting(s).

(6) In case of temporary absence of both the President and Vice-President, the duties of the President shall be performed by the Secretary.

3.4 Treasurer

(1) Shall collect and disburse the funds of the Student Body, and keep regular accounts which shall at all times be open to the inspection of any member of the Student Body.

(2) Shall publish to the members of the Student Body a bi-semester account of all funds collected, appropriated and/or disbursed from or to the General Fund, Honor Council, and any and all other organizations, committees or groups within the Law School after submitting the same to the Student Body Senate for their approval.

(3) In the case of any temporary absence of the Secretary, the duties of the Secretary shall be performed by the Treasurer in addition to his or her own duties.

(4) Shall have the power, at the direction of the President or Student Body Senate, to audit the financial records of any and all organizations, committees or individuals who are the recipients of any funds appropriated from the Student Body General Fund.

3.5 Honor Council Chairman

Shall perform those duties enumerated in ARTICLE VII of this Constitution.

3.6 Social Chairman

(1) Shall be charged with the management, planning, production and coordination of all social functions of the Student Body.

(2) Shall submit, at the beginning of each semester and/or as is deemed necessary and proper, an itemized budget to the Student Body Senate for the appropriation and disbursement of funds for all social functions.

(3) Shall perform such other duties as will be required to comply with ARTICLE VI of this Constitution.

3.7 Attorney General

(1) Shall give advisory opinion(s) to the President and LSSB Senate in matters regarding the LSSB Constitution and the LSSB Code.
(2) Shall serve as a liaison between the Executive and Judicial branch of the LSSB.

(3) Shall prosecute all violations of the Honor Code pursuant to ARTICLE VII of this Constitution.

Section 4 Terms of Office

4.1 The terms of office for the President, Vice-President, Secretary, Treasurer, Chairman of the Honor Council, Social Chairman, and Attorney General shall be one (1) year, beginning the day after the completion of the Spring Semester and pursuant to the qualifications set forth in Section 2 of this ARTICLE.

4.2 Elections for the offices set forth in Section 4.1 of this ARTICLE shall be held during the Spring Semester each year.

4.3 Any holder of an elective office governed by this ARTICLE must first resign that office before becoming a candidate for any other Student Body Office or Student Body Senate.

4.4 If the President is unable to be in the Oxford-University area during the Summer Session, the President shall appoint another Officer available for the Summer Session to fulfill his or her duties during that period. If an officer is unavailable, the President shall appoint a member of the Student Body who is available during the Summer Session and meets the qualifications to hold the Office of President, as set out herein, to fulfill his duties during that period.

Section 5 Vacancies

5.1 A vacancy of any elective Office within the Law School, for any reason, shall be filled only in accordance with this Section.

5.2 In the event that the President is unable to complete his or her term of office, the Vice-President shall assume the role of President.

5.3 If the unexpired term is for less than one (1) semester, it shall be filled by nomination from the President.

5.4 Any vacancy in the Student Body Senate shall be filled by a nomination from the President, with the unanimous approval of the Senate, of a Regular Student member of the Class in which the vacancy occurs, subject to the qualifications set out in ARTICLE V, Section 1.

5.5 If the unexpired term is for more than one (1) semester, a special election shall be held for the vacant office.

5.6 If the vacancy occurs during the Summer Session, such vacancy shall be filled during the initial LSSB Election held in the Fall Semester, or at such other time as deemed administratively necessary by the President.

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ARTICLE III
Section 1 Assessment of Student Body Fee

1.1 There shall be a yearly assessment levied against each Regular Student member of the Student Body in an amount to be decided each year by all Officers of the Student Body (President, Vice-President, Secretary, Treasurer, Attorney General) at the beginning of the Fall Semester. The payment of this amount shall entitle the student to all rights and privileges of the Student Body for one (1) academic year.

Section 2 Standing Account to be Set Aside from General Fund

2.1 There shall be a standing account of one-hundred ($100.00) dollars, no more or less, assigned to the Honor Council from the General Fund.

2.2 Such fund shall not accumulate but shall at all times be available to the Honor Council for purposes consistent with the function and objectives of the Council as set forth in ARTICLE VII of this Constitution.

2.3 Such fund may be withdrawn only at the request of the Chairman of the Honor Council, subject to the approval of the Senate.

Section 3 Statement of Fiscal Policy

3.1 Funds received pursuant to Section 1 of this ARTICLE should be used for the benefit of all members of the Student Body during the course of the academic year in which such funds are acquired, except for such amount of said fund as the Student Body Senate deems necessary and proper for the efficient administration of Student Body affairs. All money received pursuant to ARTICLE III, Section 1, not spent within current school year shall be carried forward, and kept in the Student Body general account for the upcoming year.

3.2 In no case shall Student Body funds be used for the sole benefit of one (1) or more students to the exclusion of the remaining Student Body without a prior statement of the reasons for such expenditures, which shall be submitted to the Treasurer, subject to the approval of the Senate.

3.3 In each semester the Senate shall establish a budget in a meeting as early in the semester as practicable. All requests for funding of organizations, committees or other recognized groups must be submitted in writing to the Senate, through the Treasurer, before the first day of the third month classes are in session.

3.4 The class composite shall be paid for each year out of the General Fund.

3.5 All money paid out of the Student Body funds toward payment of the Law School yearbook must be approved by the Senate.

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ARTICLE IV

Section 1 Election Commission

1.1 At the beginning of each academic year the President shall appoint three (3) members of the Student Body to serve for that semester as Election Commissioners. The term of the Election Commission shall expire at the end of the academic year in which they are appointed.

1.2 No person shall serve as Election Commissioner if he or she is a candidate for any office, nor shall any relative of any candidate serve in any capacity on or for the Election Commission.

1.3 The Election Commission shall not be composed entirely of students from one (1) Class.

1.4 Duties of the Election Commission:

(1) Set the date of elections and the last date and time for filing petitions

(2) Post notice of the date of elections and the last date and time for filing petitions for candidacy

(3) Accept and verify positions for candidacy

(4) Insure that all candidates possess the qualifications for their respective office

(5) Prepare the ballot or ballots to be used in the election

(6) Supervise the polling place, tally the votes, and certify the results of the election

Section 2 Petitions for Candidacy

2.1 All candidates for any office governed by this Constitution shall submit a petition for candidacy to the Election Commission. Such petition must be submitted on or before the last date and time set by the Commission for the filing of such petition.

2.2 All petitions for candidacy shall contain at least ten (10) signatures of current law students.

2.3 Failure to file a petition for candidacy within the time set by the Election Commission shall render a candidate ineligible to have his or her name appear on the ballot.

Section 3 Election Procedures

3.1 No elections shall be held until notice of such election has been posted in a prominent place in the Law School for at least three (3) full class days.

3.2 All elections shall be conducted by secret ballot.

3.3 A majority of the votes cast is required for the election. If no candidate receives a majority in an Election for the position of any LSSB Officer, a run-off election between the two (2) candidates receiving the most votes shall be conducted not later than the fifth class day following the regular election.

The procedure for run-offs in an Election for the position of LSSB Senator shall be determined in accordance with ARTICLE V, Sections 1.3, 1.4 and 1.5.

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ARTICLE V

Section 1 Law School Student Body Senate

1.1 The Law School Student Body Senate shall be composed of nine (9) Senators. Three (3) Senators shall be elected from the First Year Class at the beginning of the Fall Semester. Second and Third Year Senators shall be elected in the Spring Semester prior to taking office. The members shall serve for the Fall and Spring Semesters.

1.2 No person, with the exception of the first semester Freshmen, shall be eligible for the office of Senator unless he or she possesses a Cumulative Grade Point Average of at least 2.25 and shall be in residence at the Law School during the semesters in which he or she is to serve. A Senator must be a Regular Student member of the Class from which he or she is elected.

1.3 Each student may cast votes for up to three (3) candidates on the ballot for his or her class.

1.4 The three (3) candidates receiving the highest number of votes in each class will be elected.

1.5 In the event that there is a tie among the candidates receiving the third most votes, there will be a run-off election between the tying candidates.

Section 2 Organization and Voting

2.1 The Student Body Vice-President or President Pro Tempore shall be the Presiding Officer of the Senate, but shall vote only in case of a tie. The Senate shall, at the first regular meeting of each semester, select one (1) of their number to serve as President Pro Tempore of the Senate, who shall preside over any meetings at which the Student Body Vice- President is absent or otherwise unable to preside. Where the Student Body Vice-President is present and serving at Senate Meetings, the President Pro Tempore shall not be considered as serving in that capacity for the purposes of voting.

2.2 A quorum of six (6) Senators must be present at any meeting before any matter may be considered. All matters coming before the Senate for action must be passed by no less than a majority vote of the quorum, with the exception of funds appropriation, which shall require the approval of no less than six (6) Senators, in accordance with Section 4.8 of this ARTICLE.

2.3 LSSB Officers, excluding the President Pro Tempore when not serving in such capacity, shall not vote on any matters coming before the Senate. In the event of a tie, voting shall be carried out in accordance with ARTICLE V, Section 2.1.

Section 3 Meetings

3.1 The Senate shall meet at least once a month, but may be convened at any time at the direction of the Student Body President or upon concurrence of at least three (3) members of the Senate.

3.2 Notice of the place, date and time of any Senate meeting shall be posted by the President at least one (1) class day prior to such meeting.

3.3 All meetings of the Senate must be open to the Law School Student Body, but may be closed to other persons upon concurrence of a majority of the quorum present.

Section 4 Powers and Duties of the Student Body Senate

4.1 Approve all appointments made by the Student Body President.

4.2 Approve all appointments made by the ABA-LSD Representative.

4.3 Approve the Financial Reports of the Student Body Treasurer.

4.4 Initiate recommendations for action to the Student Body President and other Offices of the Student Body.

4.5 Initiate Amendments to this Constitution for the approval of the Student Body.

4.6 Senators shall be the Executive Officers of their respective Classes, and shall have the power to convene and preside over Class meetings on two (2) class days notice of the time, date and place.

4.7 All Student Body projects and activities involving the appropriation and disbursement of funds acquired from the Student Body in excess of two hundred fifty ($250.00) dollars shall be subject to the prior approval of two-thirds (2/3) of the membership of the Senate as a whole.

4.8 The Senate shall have the power to make any and all statutes, by-laws and resolutions in the name of the Law School Student Body on any issue which would properly be the concern of Regular Students attending the University of Mississippi School of Law.

No powers or duties herein enumerated may be waived except that the Senate may, by majority vote of a quorum present, waive the approval of specified appointments; delineated by Sections 4.1 and 4.2 of this ARTICLE.

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ARTICLE VI

Section 1 The Social Committee

1.1 The Social Chairman shall be elected at large from the Student Body and shall serve a term of one (1) year.

1.2 The Social Chairman may appoint up to six (6) students to serve as members of the Social Committee, subject to majority approval of the Senate.

Section 2 Powers and Duties

2.1 The Social Committee shall be responsible for planning, production and coordination of social functions of the Student Body.

2.2 The Social Committee shall be funded through the Senate, which shall have final authority over the appropriation and disbursement of such funds.

2.3 The Social Chairman shall submit to the Senate a budget each academic term, or at such other interval as may be deemed required by the Senate or the Committee. Funding shall be provided on a per event basis

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ARTICLE VII

Section 1 Honor Council

1.1 The Honor Council shall implement the Honor Code, serve as the Judicial Branch of the Law School Student Government, and shall perform such other duties as are or may be set forth in this and other ARTICLES of this Constitution as amended from time to time.

1.2 The Honor Council shall conduct an orientation for each incoming Freshman Class as regards the Honor Code to be conducted at the beginning of the Summer Session and again at the beginning of the Fall Semester.

1.3 The Honor Council is hereby empowered to adopt such rules of procedure as are or may be deemed necessary within the principles of this Constitution.

Section 2 Composition

2.1 The Honor Council shall be composed of a Chair and eight (8) student members plus a member of the faculty appointed by the Dean.

2.3 The Chair of the Honor Council shall be elected at the end of the Spring Semester each year and shall serve a term of one (1) year or until he or she ceases to be a regular student, if such event occurs before expiration of one (1) year.

2.4 Should a vacancy occur, the un-expired term shall be filled in accordance with ARTICLE II, Section 5, of this Constitution.

2.5 The faculty member of the Honor Council shall be appointed at the sole discretion of the Dean and shall serve so long as the Dean shall direct. Except as noted to the contrary in this ARTICLE, the faculty member shall be a full voting member of the Honor Council and shall participate in the proceedings and deliberations of the Honor Council like student members. In the event that the faculty member is disqualified from participation in a particular proceeding under Section 4.14 of this ARTICLE, the Dean may appoint a substitute faculty member to serve in place of the disqualified faculty member for purposes of such proceeding.

2.6 One (1) student member of the Honor Council shall be designated by the Chair as the Secretary. The Secretary shall have responsibility for the record-keeping function of the Honor Council, which shall include maintaining an appropriate permanent record, according to the rules of the Honor Council, of all charges investigated and brought, witnesses giving testimony or submitting statements and counsel and representatives involved. The Secretary shall also have the responsibility for, and oversee, the recording or stenographic transcription of the proceedings in accordance with this ARTICLE and the handling, sealing and destruction of such recordings and transcriptions when required in accordance with this ARTICLE.

Section 3 Honor Council Investigating Committee

3.1 The Chair of the Honor Council shall designate three (3) members at the beginning of the Fall, Spring, and Summer terms, one (1) from the Freshman class, one (1) from the Junior class, and one (1) from the Senior class, to serve as the Honor Council Investigating Committee. The names of the members and their telephone numbers shall be posted. The Investigative Committee designated for the Summer Term shall continue to serve until a new Investigative Committee has been designated for the Fall/Spring Term.

3.2 Alleged violations of the Honor Code and other offenses shall be reported to a member of the Investigating Committee.

3.3 The Investigative Committee shall cause an investigation to be made into the alleged violation or offense. The Investigative Committee shall, in writing, notify the student accused of a violation that an investigation is being conducted. This notice shall inform the student of the allegations and shall state that the investigation will be conducted with the utmost discretion and confidentiality. A copy of this notice shall be given to the Chair of the Honor Council, the Dean, and to the member of the law school faculty who sits on the Honor Council.

3.4 Upon completion of the investigation, the members of the Investigating Committee shall meet in private to evaluate the information they have gathered and determine whether there is probable cause to believe that a violation of the Honor Code has occurred. This meeting is not to be conducted like a trial-type proceeding. Charges shall be submitted to the Chair for hearing by the Honor Council upon a majority votes of Investigating Committee members that such probable cause exists. Absent unusual circumstances, the Investigative Committee should strive to complete the investigation and probable cause hearing within two (2) weeks of notification of an alleged violation.

3.5 Upon a finding of probable cause the Investigative Committee should turn over the case to the Attorney General. The Attorney General and the Honor Council Chair shall schedule a hearing within thirty (30) days of issuance the case in accordance with Section 4.2 of this ARTICLE.

3.6 If the members of the Investigating Committee find that there is not probable cause of an Honor Code violation, the Investigating Committee shall so report to the Chair. The Chair shall promptly notify, in writing, the accused student, the Dean, and the member of the faculty on the Council, that no probable cause was found to suspect that a violation of the Honor Code occurred.

3.7 Neither the Investigating Committee nor the Attorney General shall disclose any of the matters which transpired before them, and they shall conduct their affairs with the utmost discretion and confidentiality.

Section 4 Honor Board

4.1 The Honor Board shall consist of the Chair and those members (student and faculty) not serving on the Investigating Committee. The Attorney General will present the case.

4.2 Upon receipt of charges from the Investigating Committee, the Chair shall notify the accused of his or her rights and of the date, time and place for the hearing. The hearing shall take place no less than five (5) working (academic) days from the date the accused receives notice of the charges and the hearing. The Chair, upon reasonable request from the accused, shall grant a continuance and reschedule the hearing for a mutually convenient time and, absent unusual circumstances, no more than ten (10) working (academic) days from the date the accused receives notice.

4.3 Notice to the accused shall also contain a statement of the specific charge(s) and the grounds which, if proven, would justify punishment under the Honor system. The Chair also shall present to the accused any statements of the interested parties and witnesses submitted by the Attorney General.

4.4 On the designated day the Honor Board shall conduct an evidentiary hearing presided over by the Chair. The evidentiary hearing shall be closed unless the accused requests in writing that it be open.

4.5 During the evidentiary hearing, the accused and witnesses shall be called to testify and shall be questioned by the Honor Board and the Attorney General. Similarly, the accused may call witnesses and examine them as well as cross-examine witnesses called by the Attorney General. The accused and the Attorney General have the right to make opening and closing statements and to present oral argument. The accused may, at his or her own expense, be represented by an attorney or another representative during any questioning of the accused by the Investigating Committee during the evidentiary hearing before the Honor Board and throughout the academic disciplinary process, including appeals. The attorney's or representative's role is, however, advisory only. He or she will not be permitted to make opening and closing statements, present arguments, question witnesses, or otherwise speak on behalf of or advocate for the accused. Neither the accused nor his or her attorney or representative, shall have any right to be present during deliberations by the Investigating Committee, Honor Board or other body. The evidentiary hearing before the Honor Board shall be recorded.

4.6 Upon completion of the evidentiary hearing before the Honor Board, the Honor Board shall retire in closed sessions to consider the guilt or innocence of the accused. The Attorney General is not allowed to participate in these deliberations nor shall he or she be entitled to vote. The Honor Board shall then vote. Except as provided in Section 4.14 with respect to disqualified members, a guilty verdict shall be found by the seven (7) voting members of the Honor Board upon a vote of at least six (6) to one (1). The burden of proof shall be clear and convincing evidence. This burden will rest with the Attorney General and shall not shift to the accused at any time.

4.7 Should a guilty verdict be rendered, the Honor Board shall then determine the appropriate punishment, which shall be based upon a majority vote of the participating Honor Board members.

4.8 The accused shall be notified of the Honor Board's findings as soon as possible after the Board reaches the decisions on guilt or innocence and the penalty under sections 4.6 and 4.7. In any event, a written decision shall be given to the accused student within five (5) academic days of the completion of hearing. The written decision shall contain findings of fact and conclusions and explain the basis for the Honor Board's actions including the Board's penalty or sanction. A copy of the written decision shall be given to the Dean and to the instructor for the course in which the violation occurred as well as to the accused student. The written decision shall be further published into the judicial opinions of the Honor Board in accordance with section 7.2 of this ARTICLE. The Honor Board may, of its own accord and in the interest of justice, grant a new hearing.

4.9 Should the accused be found innocent, the tape(s) and any transcript(s) of the hearing shall be destroyed.

4.10 Should the accused be found guilty, the Chair shall seal and deliver the tape(s) and any transcription(s) of the hearing to the office of the Dean of the law school. The tape(s) and any transcription(s) shall not be opened except in the event of a re-hearing and except for necessary examination by the Dean in the event of an appeal to the Dean by the accused. The tape(s) and any transcription(s) may, of course, be opened for the inspection and reproduction by the accused in the event he or she appeals the Honor Board's decision to the Dean and the Honor Board Review Committee. Similarly, the accused may, at his or her expense, have a transcript of the hearing prepared from the tape(s) or other record of the hearing.

4.11 The accused may appeal the decision of the Honor Board to the Dean of the Law School for review by the Honor Board Review Committee. The appeal must be filed with the Dean within ten (10) working days of the accused's receipt of the Honor Board's written decision. This appeal is on the record. It is not a de novo proceeding and the accused and his or her counsel or representative do not have the right to present additional evidence or oral argument to the Dean and the Honor Board Review Committee, but may present in writing the specific reasons for appeal.

4.12 In the event of an appeal by the accused, the Dean promptly shall have the Honor Board Review Committee review the record of the Honor Board's hearing and render a written decision affirming, modifying or reversing the Honor Board's action, including the Board's recommendation of the penalty or sanction. The Honor Board Review Committee is composed of members of the faculty appointed by the Dean. The Review Committee also has the authority to remand the matter to the Honor Board for a rehearing or for additional proceedings. The Dean shall adopt the Honor Board Review Committee's decision.

4.13 The decision of the Honor Board Review Committee and the Dean is final except in cases in which the penalty is dismissal or suspension. In those cases the accused may, in writing, seek review from the Chancellor within five (5) working days of his or her receipt of the Dean's and the Honor Board Review Committee's written decision. If the accused desires to appeal to the Chancellor's decision in cases involving dismissal or suspension, he or she may request a review of his or her case by the Mississippi Board of Trustees of State Institutions of Higher Learning by submitting a written application for review to the Board within thirty (30) days of his or her receipt of the Chancellor's written decision. Such appeal will be in accordance with the rules and regulations of the Board.

A member of the Honor Council shall disqualify himself or herself in a proceeding in which such member an impartiality might reasonably be questioned, including but not limited to instances where:

He or she has a personal bias or prejudice concerning the accused, or personal knowledge of disputed evidentiary facts concerning the proceeding; or

He or she or his or her spouse, or a person within the third degree of relationship (calculated according to the civil law system) to either of them, or the spouse of such person:
is the accused;
is acting as a lawyer or representative in the proceeding;
is known by the member to have an interest that could be substantially affected by the outcome of the proceeding; or
is to the member's knowledge likely to be a material witness in the proceeding.

A member who disqualifies himself or herself shall not participate in proceedings after such disqualification and shall not vote on findings of probable cause or guilt. The quorum and affirmative voting requirements for a finding of guilt shall be reduced by one (1) for each disqualified member on the Honor Board (unless, in the case of a disqualified faculty member, the Dean has appointed a substitute member as provided in the ARTICLE). In the event of recusal or disqualification of a member of the Honor Board, the following voting requirements for a finding of guilt shall be used:
6 members = at least 5 to 1
5 members = at least 4 to 1
4 members = at least 3 to 1
3 members = unanimous
2 members = unanimous

4.15 The Honor Board shall use its best efforts to resolve charges brought in a reasonably expedient and timely manner. A reasonably expedient and timely manner shall not require the Honor Board to assemble, meet or deliberate during the break following Fall Semester or any vacation period during the regular school year. Charges which rise during the last part of the Spring Semester will be handled by the regular academic year Honor Council until the Summer Term Honor Council is elected.

Section 5 Honor Code

5.1 Nature and Purpose: The purpose of the honor system is to allow the students the greatest possible freedom in the pursuit of their studies without the necessity of supervision or proctoring by the faculty. Its further purpose is to develop to the utmost the highest possible professional standards of honesty, dependability and absolute integrity in all matters pertaining to the law and to legal studies.

5.2 Enrollment in the law school constitutes a student's pledge that he or she will in all matters conduct himself or herself in accord with the provisions herein stated.

5.3 Violations

(a) Expectation of Honesty and Fairness: Honesty and fairness must be essential elements of the academic environment of the Law School. If either principle is diminished, the academic experience is devalued. In addition, it is important to understand that applications for employment and professional licensing often require the applicant to state whether he or she has been found guilty of academic dishonesty. Accordingly, academic dishonesty in all forms is taken seriously at the law school. Every member of the law school student body is charged, therefore, with upholding high standards of honesty and fairness in all academic matters. Any action which is contrary to these standards is subject to academic discipline, as are actions which are harmful to the facilities that support the academic environment. Mutual respect and fairness are the basis of the instructor-student relationship at the Law School. This Section outlines conduct which is clearly in violation of standards of honesty and fairness or which purposefully damages the academic environment.

(b) Examples of Conduct Subject to Academic Discipline:

Representing someone else's work as your own; collaboration outside assistance. Plagiarism takes place when published material is copied verbatim or paraphrased without citing the source of the material. But plagiarism is not limited to copying published material. A student who copies another's homework, copies answers to test questions, or allows someone else to do work for him or her on homework or tests also violates the standards of honesty and fairness and is subject to academic discipline. A student who misrepresents the work of another as his or her own by handing in a paper purchased from a term paper service or using a paper prepared by another, or who engages another person to take a test in his or her stead, is subject to academic discipline. It is the responsibility of each student to consult applicable Law School policy statements, administrators, faculty and other knowledgeable sources in order to clarify whether particular conduct would violate the prohibition on plagiarism. A key presumption of the honor system is that examinations and other work product submitted to an instructor by a student reflect such student's individual effort. Consequently, collaboration or assistance from others on examinations or other work product submitted to an instructor is prohibited under the Honor Code unless the instructor has specifically instructed that such collaboration or assistance is permitted with respect to the examination or other submissions in question. It is the responsibility of each student to seek clarification from his or her instructor regarding the permissibility of collaborative efforts or assistance from others.

Knowingly allowing someone else to represent your work as his or her own. In the violations described in the preceding two (2) paragraphs there are clearly at least two (2) persons involved: the person who does the work and the person who falsely represents that work as his or her own. A person who knowingly assists another person in falsely representing work is also subject to academic discipline. The same is true of a person who knowingly collaborates with or assists another where such collaborations or assistance is impermissible.

Gaining or attempting to gain an unfair advantage. Violations of the Law School's standards of honesty include cheating in any form, including possession of or an attempt to gain possession of a test prior to its being given. An attempt to gain possession does not imply that one must physically have an original of the test or assignment. Other violations include, but are not limited to, accessing computer files, breaking or entering a locked or unoccupied office in an attempt to 'jam an unfair advantage'; using reference materials which have not been allowed by the instructor; using handwritten or printed notes during a "closed book/closed notes" test; stealing or hiding books or other materials from or in the library or other facilities; removing pages from library books or journals; and/or employing bribery, intimidation or harassment in an attempt to gain unfair advantage.

Giving false information or altering documents. Falsely attesting that work has been done when it has not been, falsely attesting that functions or classes were attended, falsely attesting about the reasons for absences or tardiness, and altering answers to test questions after the tests have been granted and returned are examples of giving false information. Altering grade report forms or changing grade forms or class rolls, either in their physical or electronic (computer file) form, and altering, falsifying or misusing any other Law School documents also constitutes a violation of expected standards of honesty.

Disruptive behavior. Disorderly behavior which disrupts the academic environment violates the standard of fair access to the academic experience. Some examples of disruptive behavior are purposeful acts such as "shouting down" a seminar speaker, physically or verbally harassing an instructor or fellow student, or engaging in any type of disruptive behavior in a class situation which interferes with the ability of the professor to teach or other students to learn.

Harm to the facilities that support the academic environment. A student who purposefully harms the facilities that support the academic environment may be subject to academic discipline. Damage to books, equipment, computers and other facilities violates the standard of fair access to the academic experience.

Violations Are Not Limited to the Areas and Examples Given. The academic discipline procedure can be invoked whenever the principles of honesty and fairness are violated and/or the facilities that support the academic environment harmed. The examples given above are illustrative only (it is impossible to delineate or cite every possible violation), and any act which violates the principles of honesty and fairness or harms the academic environment may be subjected to academic discipline. For example, some acts, such as sabotage of another student's work or sabotage of an instructor's record, may not fall neatly into any one (1) of the areas listed above but are subject to academic discipline if they damage the academic environment.

5.4 Duty to Report Violation: When a student has a good reason to believe another student is guilty of a violation of the Honor Code, he or she shall inform a member of the Investigating Committee. So important is the function of the student in implementing the Honor Code that his or her duty of reporting violations is considered as fully obligatory on the student as is the duty to refrain from violations of the Code.

5.5 Penalties: Should a student be found guilty by the Honor Board of violating the Honor Code, the Board shall impose an appropriate penalty, which may include dismissal, suspension or punishment of a lesser nature. Consistent with the Law School's responsibility to the profession and to the community, all sanctions resulting from Honor Code violations shall be noted on the official transcript of the student sanctioned and shall be made available to bar officials.

5.6 The Honor Council shall have no authority to set grades. Grades shall be the exclusive domain of the faculty, and review of grades shall be via the grade appeal procedure in effect at the time. Students should be aware that assignment of an accused student's grade will generally be delayed until disposition of an Honor Council proceeding.

Section 6 Impeachment

6.1 The Honor Council is hereby empowered to conduct impeachment hearings.

6.2 Student Body Officers: Upon receipt of a written complaint, signed by one-fourth of the Student Body, the Honor Board shall conduct an open hearing with regard to the complaint.

6.3 Class Officers: Upon receipt of a written complaint, signed by one-fourth of the Student Body, the Honor Board shall conduct an open hearing with regard to the complaint.

6.4 Upon a showing of dereliction of duty, incompetency, or other discrepancies that disqualify the Officer from any further service, the Honor Board may, by two-thirds vote, impeach the officer.

6.5 Upon Impeachment of the Officer, the Honor Board shall direct the vacant Office to be filled within seven (7) days, in accordance with ARTICLE II, Section 5, of this Constitution.

Section 7 Constitutional Question

7.1 The Honor Council shall have jurisdiction over any dispute arising under this Constitution.

7.2 Periodically, the Honor Council shall offer judicial opinions regarding the interpretation of the Honor Code. These opinions shall act as a common law body of precedent and serve as an interpretive guide for future decisions of the Honor Council.

7.3 The Honor Council shall document its judicial opinions, and make these opinions available to the student body for viewing. These judicial opinions shall protect the confidentiality of all parties involved.

7.4 To initiate a complaint, a written petition, stating the complaint and signed by one-fourth of the Student Body, shall be delivered to the Chairman of the Honor Council, who shall set a date for a hearing. At this hearing, all interested parties will be given the opportunity to voice their respective opinions. After hearing all opinions, evidence and other relevant testimony, the Honor Board in closed hearings, will review the complaint along with all relevant testimony and by Constitutional interpretation shall settle the dispute. . A majority vote of those Board members present will be final.

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ARTICLE VIII

Section 1 Amendment and Revision Procedures

1.1 The procedure to be used for amending or revising any ARTICLE or ARTICLES of this Constitution shall be determined by the Senate.

1.2 Amendment and Revision Procedures shall become a separate ARTICLE and incorporated within this Constitution.

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ARTICLE IX

Section 1 Amendment of the LSSB Constitution

1.1 This ARTICLE is incorporated pursuant to ARTICLE VIII, Sections 1.1 and 1.2 of this Constitution.

1.2 Employment of the Procedures established in this ARTICLE shall afford any member of the LSSB the opportunity to initiate an Amendment to this Constitution pursuant to either of the two (2) procedures outlined below: amendment by petition (ARTICLE IX, § 3), or amendment through the Senate (ARTICLE IX, § 4).

Section 2 Limitations

2.1 Any Regular Student initiating an Amendment to this Constitution must be enrolled in the Law School at the time such Amendment is proposed and voted on.

2.2 Any signatories to such a Proposed Amendment must be enrolled in the Law School at the time of their signature. Enrolled is defined as one who is registered and is attending classes.

Section 3 Procedure: Amendment by Petition

3.1 The name, signature and Class of the person(s) initiating the amendment by petition process must appear directly following the text of the Proposed Amendment.

3.2 The Proposed Amendment must include as an attachment thereto the reason(s) or justification for the adoption of the proposed Amendment. The attachment must also bear the name(s), Class and signature of the person(s) initiating the Proposed Amendment.

3.3 The proposed Amendment must be signed by no fewer than seventy-five (75) Regular Students enrolled in the Law School.

3.4 By his or her signature, each signatory shall warrant that they have read and agreed with ALL of the terms, qualifications and consequences of the Proposed Amendment.

3.5 The Proposed Amendment shall be submitted to the Honor Council.

(a) The Honor Council shall first review the Proposed Amendment for technical

compliance with sections 3.1, 3.2, and 3.3 of this ARTICLE, as well as for any material contradictions with other, non-amended, constitutional provisions.

(b) If any technical deficiencies or material contradictions are noted, the

Proposed Amendment shall be returned to the initiators for correction of the technical deficiency and/or further amendment to correct material contradictions.

(c) The Honor Council shall not engage in evaluation of the substantive merits of

the Proposed Amendment, limiting the scope of their review to the aspects of the Proposed Amendment outlined in this Section.

3.6 If the author of the Proposed Amendment is a member of the Honor Council, he or she must recuse him or herself from the review process.

Section 4 Procedure: Amendment through the Senate

4.1 The name, signature and Class of the person(s) initiating the Amendment by petition process must appear directly following the text of the Proposed Amendment.

4.2 The Proposed Amendment must include as an attachment thereto the reason(s) or justification for the adoption of the Proposed Amendment. The attachment must also bear the name(s), Class and signature of the person(s) initiating the Proposed Amendment.

4.3 The Proposed Amendment shall be submitted to the Senate.

(a) The Senate shall first review the Proposed Amendment for technical

compliance with the Sections 4.1 and 4.2 of this ARTICLE, as well as for any material contradictions with other, non-amended, constitutional provisions.

(b) If any technical deficiencies or material contradictions are noted, the

Proposed Amendment shall be returned to the initiators for correction of the technical deficiency and/or further amendment to correct material contradictions.

4.4 After reviewed for technical compliance and/or material contradiction, the Senate shall vote on the Proposed Amendment. For any Proposed Amendment to be presented to the Student Body for a vote, two-thirds (2/3) of the Senate must affirm it.

4.5 If the author of the Proposed Amendment is a member of the Senate, he or she must recuse him or herself from the review process and the vote on whether or not to present the Proposed Amendment to the Student Body.

Section 5 Affirmation by Student Body

5.1 After the Proposed Amendment has either been found to be technically compliant by the Honor Council or has been approved by the Senate, the Honor Council or the Senate, respectively, shall submit the Proposed Amendment to the Election Commission who shall, in compliance with ARTICLE IV of this Constitution, set a date for the Proposed Amendment to be voted upon by the Student Body.

5.2 The date of the vote shall be on or before the next LSSB election after completion of the review process by the Honor Council or Senate.

5.3 For any Proposed Amendment to be adopted and incorporated into this Constitution, two-thirds (2/3) of the voting Student Body must affirm it.

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ARTICLE X

This Constitution, as revised and amended, shall become effective on the __ Tenth__ Day of ____ April______, Two Thousand and Seven (2007).