PROCEDURES
of
the
APPLICATION
DISCLOSURE SUBCOMMITTEE
of
the
ADMISSIONS
COMMITTEE
1.
Composition of the Subcommittee. The Application Disclosure Subcommittee
("ADS") shall be comprised of two members, consisting of
the Assistant Dean for Admissions and a member of the Admissions Committee
designated by its chair. Where those two members cannot agree as
to the disposition of a particular case, they may appoint a third
member from among the members of the Admissions Committee.
2.
Duties of the Subcommittee. Subject to the powers of the faculty,
the dean, and the full Admissions Committee, the ADS shall have the
following powers and duties:
2.1
Education. Educate students and other interested parties
of disclosure obligations imposed on students by the Law Center's
application process.
2.2
Consultation. Consult with interested parties concerning
the content of Law Center forms and publications discussing the
disclosure obligations imposed on students by the Law Center's
application process.
2.3
Adjudication. Hear and resolve cases in which either students
supplement their applications to the Law Center or are reported
to the Law Center by the Board of Law Examiners for an apparent
failure to comply with the disclosure obligations imposed on students
by the Law Center's application process, and determine what sanctions,
if any, are warranted under the circumstances.
3.
Pre-Hearing Procedures.
3.1
Self-Reported Students. Students who self-report an apparent
failure to comply with the disclosure obligations imposed on students
by the Law Center's application process will have their cases
considered by the ADS. Initially, the ADS will meet and determine
whether it is inclined to impose any sanction on the student involved
or if it needs additional information from the student or others
in order to make that determination.
3.1.a
Where No Sanction Found Warranted. If the ADS determines
that it has sufficient information to proceed and that no sanction
is warranted, it shall so advise the student, without holding
a hearing.
3.1.b
Where Additional Information Needed. If the ADS determines
that additional information is needed before making a determination,
it shall so inform the student and provide a copy of these procedures
to him or her. Upon receipt of the information involved, the
ADS shall meet and decide whether to proceed in accordance with
section 3.1.a or 3.1.c.
3.1.c
All Other Cases. If the ADS believes that a sanction might
be appropriate, or if a request for additional information from
the ADS is not responded to in a complete and timely manner,
the ADS shall hold a hearing in accordance with the provisions
of section 4 of these Procedures.
3.2
Board of Law Examiners-Reported Students. Students who are
reported to the Law Center by the Board of Law Examiners for an
apparent failure to comply with the disclosure obligations imposed
on students by the Law Center's application process before that
student has self-reported concerning that apparent failure, will
be advised of the Law Center's receipt of the communication as
well as its contents and invited to submit any written explanation
that they care to concerning the issue within ten working days.
As soon as practicable after receipt of that explanation, or upon
the expiration of the ten working-day period if no explanation
is received, the ADS shall hold a hearing in accordance with the
provisions of section 4 of these Procedures, unless it determines
that a hearing can be dispensed with under the standards set out
in section 3.1.a. For purposes of this provision, a student who
self-reports some matters but not others will be considered as
being subject to this section.
3.3 Students who are reported by a third party other than the BLE
shall be treated under procedures set out in 3.2.
4.
Hearing Procedures. Hearings before the ADS are informal. Students
should assume that members of the ADS will have reviewed their file
prior to the hearing, and be prepared to answer any questions that
members may have as a result of that review. Students will be given
an opportunity to make a final statement to the ADS should they so
desire.
5.
Effect Of Application Instructions. Students who establish that
they did not disclose a particular matter because they were advised
reasonably and in good faith that they did not have to do so in the
Law Center's application instructions will not be sanctioned for their
nondisclosure. However, students who wish to offer such a defense
are expected to provide proof at the hearing of all of the prerequisites
for nondisclosure contained in those instructions. The ADS is not
required to accept a student's undocumented defense of this kind as
valid.
6.
Sanctions. Upon completion of a hearing, the ADS shall deliberate
on what sanction, if any, to impose. A student should not expect
to be advised of that outcome at the hearing itself. The factors
that the ADS will consider in arriving at a sanction are set out in
Appendix 1 to these procedures. All students shall provide the ADS
with a means of notifying them of the ADS's decision. Sanctions should
be proportional, and may range in severity : in some instances, additional
coursework in Ethics or Clinical Practice has been required, while
in other instances student graduation was delayed while the sanction
was in force. In the most severe cases, such as instances where the
student would likely not have been admitted had the matters been fully
disclosed, admissions may be rescinded.
7.
Review Of ADS Decision. Review of decisions of the ADS may be
had in accordance with the procedures set out below.
7.1 When ADS Decision Is Final. All decisions of the ADS are
final unless appealed within five working days of the issuance
of that decision in accordance with section 7.2.
7.2
Appeal To The Associate Dean of Student Life. A student
may appeal any aspect of a decision of the ADS to the Associate
Dean of the Law Center by doing so in writing within five working
days of issuance of the ADS's decision and providing a copy of
that appeal to the ADS. The ADS may, but need not, provide
a response to that appeal on its own initiative. If it chooses
to do so, it shall notify the Associate Dean and the appealing
student of that fact and provide its response to each as soon
as practicable.
7.3 Associate Dean Review. The Dean of the Law Center
has delegated the appeals process to the Associate Dean of Student
Life. The Associate Dean may request a further explanation of
the ADS's decision, which the ADS will provide promptly. The
Associate Dean may affirm, modify or reverse the ADS's decision,
or remand the matter to the ADS for further proceedings. A decision
of the Associate Dean to affirm, modify or reverse a decision
of the ADS is final.
7.4
Further Proceedings If Necessary. The decision of the Associate
Dean is final in all cases except where the matter is remanded
to the ADS. In such cases, the ADS shall conduct such further
deliberations or proceedings as are appropriate in light of the
concerns expressed by the Associate Dean, after which the student
shall be advised of the ADS's decision. A student has a right
to appeal this revised decision to the Associate Dean in accordance
with sections 7.2 and 7.3. The Associate Dean may either affirm,
modify or reverse the ADS's revised decision. The decision of
the Associate Dean in any of those respects is final.
8.
Confidentiality Of ADS Proceedings. Proceedings before the ADS
are confidential. No information concerning the charges involving
a student, evidence introduced or matters revealed or discussed at
or in connection with a hearing before the ADS or an appeal to the
Associate Dean, or decision(s) reached by the ADS or by the Associate
Dean, shall be disclosed except as provided in sections 8.1, 8.2 or
8.3 below.
8.1
Access To Board Of Law Examiners. All written communications
to the Law Center from a student or from the Board of Law Examiners
concerning the student's apparent failure to comply with the disclosure
obligations imposed on students by the Law Center's application
process, any final decision of the ADS under sections 3.1.a, 6,
or 7.1 or of the Associate Dean under sections 7.3 or 7.4, and
any other documents that the student involved requests be included,
will be placed in a student's permanent file and made available
to the Board of Law Examiners.
8.2
Response To Disclosures By Or On Behalf Of Student. If a
student or a student's representative chooses to disclose information
otherwise protected as confidential by section 8, whether directly
or indirectly, other than in connection with the hearing and appellate
review processes set out in these procedures, the ADS or the Associate
Dean may make such other and further disclosures of that information
as are reasonably necessary to a fair presentation of the issues
involved.
8.3
Disclosure Ordered By Competent Tribunal. The ADS may make
such disclosures of confidential information as are ordered by
a tribunal that is competent to issue the order involved, or when
advised by counsel that a particular disclosure is required by
law.
9.
Expungement. Under Texas law, certain criminal or civil matters
may be expunged from public records. Applicants or students need not
disclose any matters that have been expunged; the ADS may not sanction
any student for offenses that have been expunged under a state statute.
However, the ADS may request assurances that the matter has indeed
been expunged, should there be legitimate reason to do so, e.g., there
is an official record that shows a matter that was not expunged that
the applicant or student thought had been expunged. The ADS is not
required to accept a student’s undocumented defense of this kind as
valid. Misrepresentations of expungements may themselves give rise
to sanctions.
Approved,
UHLC
faculty ( )
APPENDIX
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