Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections
Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections
REGENTS’ POLICY MANUALSECTION 2—ACADEMICS9. A student shall not falsely accuse another student of violating this Code, either with knowledgethat the accusation is false or in reckless disregard of the accusation’s truth.10. A student may not offer for credit any work prepared by another.11. A student may not offer for credit work that has been previously offered for credit, except asauthorized by the instructor.12. A student may not offer for credit work prepared in collaboration with another, except asauthorized by the instructor.13. A student may not take an examination for another student; nor may a student permit his or herown examination to taken by another.14. A student may not invade the security maintained for the preparation and storage ofexaminations.15. A student who learns that he or she has come in contact with an examination subject to securitymust immediately inform the Dean or Associate Dean or the instructor.16. A student shall not falsify attendance sheets.17. A student shall not sign an attendance sheet for another student.18. A student shall not use Lexis, Westlaw or other library services for unauthorized work oractivities.Conscious Disregard & ScienterThe requirement of conscious disregard is intended to be identical to the legal requirement of scienter ascommonly defined. See, e.g., DAVID WALKER, OXFORD COMPANION TO THE LAW 1107 (1980)(defining scienter as “knowingly”); Aaron v. Securities and Exchange comm’n, 446 U.S. 680, 686 n.5(1980) (scienter means “a mental state embracing intent to deceive, manipulate, or defraud”). The term“conscious” often has a similar meaning RANDOM HOUSE DICTIONARY OF THE ENGLISHLANGUAGE (1968) defines “conscious” to mean “2. fully aware of or sensitive to something....4.known to oneself; felt; conscious guilt. 5. aware of what one is doing: a conscious liar.... 8. Obs. inwardlysensible of wrong doing.” In notes at the end of this definition, the authors of the RANDOM HOUSEDICTIONARY added that “knowing” was a synonym, along with the following commentary:“Conscious, aware, cognizant refer to an individual sense of recognition of something within or withoutoneself. CONSCIOUS implies to be awake or awakened to an inner realization of a fact, a truth, acondition, etc.”Sec. 202 — Accepted Principles of Good Faith.(a) It shall be a violation of this Code for a student to act in conscious disregard of acceptedprinciples of good faith.(b) Accepted principles of good faith include but are not limited to the following:(i) No student shall harass any other member of the law school community on account of themember’s race, color, religion, creed, gender, national origin, sexual preference ordisability.THE UNIVERSITY OF OKLAHOMA 140
REGENTS’ POLICY MANUALSECTION 2—ACADEMICS(ii) No student shall harass or retaliate or threaten to harass retaliate against any other memberof the law school community because the community member made a charge, testified,assisted or participated in any manner in an investigation, proceeding or hearing under thisCode.(iii) For purposes of this subsection, harassment is:(A) Personal insults or “fighting words” addressed to a specific individual or individuals,which are designed to and likely to provoke an immediate breach of the peace; or(B) Severe and pervasive verbal or physical conduct which is directed at a specific memberor members of the law school community and which is designed to inflict and is likely toinflict emotional or psychological distress on the targeted individual or individuals; or(C) Severe and pervasive verbal or physical conduct directed at a specific member ormembers of the law school community that unreasonably interferes with the work oreducational performances of the targeted individual or individuals; or(D) Severe and pervasive verbal or physical conduct directed at a specific member ormembers of the law school community that creates an intimidating, hostile, or offensiveenvironment for the targeted individual or individuals.(c) It is the intent of this section to ensure that each member of the law school community shall havethe fair and equal opportunity to enjoy the benefits of association with the College without beinghindered by invidious discrimination or prejudice.(d) Expressive Liberty — This section does not prohibit: (i) any person’s expression of views andopinions on matters of public interest unless it is proved that the expressive conduct is a sham ormere pretext for inflicting the harms or injuries identified by subsection (b); or (ii) expressiveconduct protected from severe sanctions, punishment or other undue burdens by the Constitutionof the United States or the Constitution of Oklahoma. The College reserves its rights to expressviews, including the right to post or publish reprimands, critical of expressive conduct believed tobe unreasonable and discriminatory in character even if such conduct is otherwise protected bythe Constitutions of the United States or of Oklahoma from severe sanctions, punishment andother undue burdens.Sec. 203 — Misconduct Obstructing Administration of ExaminationsA student taking an examination must not obstruct the administration of an examination. A student mustcomply with all reasonable instructions and regulations of the professor and the College respecting anexamination.Commentary to § 203It is impossible to list all possible applications of the principles stated in Seq. 203. Each regulation or ruleshall provide notice to the student of prohibited conduct. If a student is guilty of conscious disregard of arule or regulation, the student may have violated § 201 of this Code. This section is designed to authorizesanctions in the absence of scienter or conscious disregard.Compliance with the principles of § 203 includes but is not limited to the following:1. A student shall not fail to turn in examination materials at the appointed time.THE UNIVERSITY OF OKLAHOMA 141
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REGENTS’ POLICY MANUALSECTION 2—ACADEMICS(ii) No student shall harass or retaliate or threaten to harass retaliate against any other member<strong>of</strong> the law school community because the community member made a charge, testified,assisted or participated in any manner in an investigation, proceeding or hearing under thisCode.(iii) For purposes <strong>of</strong> this subsection, harassment is:(A) Personal insults or “fighting words” addressed to a specific individual or individuals,which are designed to and likely to provoke an immediate breach <strong>of</strong> the peace; or(B) Severe and pervasive verbal or physical conduct which is directed at a specific memberor members <strong>of</strong> the law school community and which is designed to inflict and is likely toinflict emotional or psychological distress on the targeted individual or individuals; or(C) Severe and pervasive verbal or physical conduct directed at a specific member ormembers <strong>of</strong> the law school community that unreasonably interferes with the work oreducational performances <strong>of</strong> the targeted individual or individuals; or(D) Severe and pervasive verbal or physical conduct directed at a specific member ormembers <strong>of</strong> the law school community that creates an intimidating, hostile, or <strong>of</strong>fensiveenvironment for the targeted individual or individuals.(c) It is the intent <strong>of</strong> this section to ensure that each member <strong>of</strong> the law school community shall havethe fair and equal opportunity to enjoy the benefits <strong>of</strong> association with the College without beinghindered by invidious discrimination or prejudice.(d) Expressive Liberty — This section does not prohibit: (i) any person’s expression <strong>of</strong> views andopinions on matters <strong>of</strong> public interest unless it is proved that the expressive conduct is a sham ormere pretext for inflicting the harms or injuries identified by subsection (b); or (ii) expressiveconduct protected from severe sanctions, punishment or other undue burdens by the Constitution<strong>of</strong> the United States or the Constitution <strong>of</strong> Oklahoma. The College reserves its rights to expressviews, including the right to post or publish reprimands, critical <strong>of</strong> expressive conduct believed tobe unreasonable and discriminatory in character even if such conduct is otherwise protected bythe Constitutions <strong>of</strong> the United States or <strong>of</strong> Oklahoma from severe sanctions, punishment andother undue burdens.Sec. 203 — Misconduct Obstructing Administration <strong>of</strong> ExaminationsA student taking an examination must not obstruct the administration <strong>of</strong> an examination. A student mustcomply with all reasonable instructions and regulations <strong>of</strong> the pr<strong>of</strong>essor and the College respecting anexamination.Commentary to § 203It is impossible to list all possible applications <strong>of</strong> the principles stated in Seq. 203. Each regulation or ruleshall provide notice to the student <strong>of</strong> prohibited conduct. If a student is guilty <strong>of</strong> conscious disregard <strong>of</strong> arule or regulation, the student may have violated § 201 <strong>of</strong> this Code. This section is designed to authorizesanctions in the absence <strong>of</strong> scienter or conscious disregard.Compliance with the principles <strong>of</strong> § 203 includes but is not limited to the following:1. A student shall not fail to turn in examination materials at the appointed time.THE UNIVERSITY OF OKLAHOMA 141