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5.
The procedure before the Subcommittee shall be private, informal, and confidential. The
Chair shall present the evidence concerning the allegations. The student shall not be
present during the fact-finding proceeding, except that the student shall have the
opportunity to appear to present evidence and to speak on his or her own behalf. Counsel
or another advisor to the student may be present when the student appears before the
Subcommittee, solely for the purposes of observing the proceedings and advising the
student, and may make a brief statement at the discretion of the Subcommittee
chairperson.
6.
The Subcommittee shall determine whether sanctionable conduct has been established by
clear and convincing evidence. A vote of four of the five members of the Subcommittee
(or three of four if one member is absent) shall be required to find sanctionable conduct.
If it finds that no sanctionable conduct has been established, it shall dismiss the
complaint. If it finds that such conduct has been established, it shall report to the Dean
the nature of the conduct found with a recommendation as to the appropriate sanction or
other disposition. A copy of the Subcommittee’s report shall be sent to the student. Such
report shall include the Subcommittee’s findings of fact.
7.
If the student admits both the allegations and that those allegations constitute
sanctionable conduct, the Subcommittee shall hear the evidence or a summary thereof,
consider the circumstances and any statement the student wishes to make, and
recommend a sanction or other disposition to the Dean. A copy of the Subcommittee’s
report shall be sent to the student. Such report shall include the Subcommittee’s findings
of fact.
Dean’s Review
8.
If the Subcommittee finds sanctionable conduct, or the student admits such
conduct, the Dean shall meet with the student concerning the Subcommittee’s report and
its recommended sanction. The student may bring counsel or another advisor to the
meeting. The Dean shall discuss the recommended sanction with the student, and, unless
paragraph 9 applies, inform the student of the sanction that he or she will recommend to
the Law School Faculty.
9.
If the Subcommittee’s recommended sanction or other disposition includes neither
suspension nor dismissal from the law school, such recommended sanction or other
disposition is unanimous (whether by a vote of four out of four or five out of five, as the
case may be), and the Dean agrees with the Subcommittee’s recommendation, then,
unless the student requests a formal hearing as provided in paragraph 10, the Dean shall
impose the recommended sanction and the matter will not be reported to the Law School
Faculty for final disposition as provided in paragraph 15. The Dean, however, shall
advise the Law School Faculty of the student’s name, nature of the violation, and
sanction imposed.