Law School Standards for Professional Conduct and Non-Academic Matters

Law students’ interactions and behavior are governed by five different documents: this Student Handbook, the Cornell University Code of Conduct and related procedures, the Law School Code of Academic Integrity (Honor Code), and the Standards for Professional Conduct Within the Cornell Law School. Students at the Cornell Tech Campus must also abide by the Tech Campus’s Standards for Professional Conduct.

Standards for Professional Conduct Within the Cornell Law School

Members of the law school community who are law professors, lawyers, or are training to be lawyers are expected to treat members of the law school community with courtesy, decency, and respect under all circumstances, and with professionalism in professional settings. A diversity of views and styles are welcomed, but all are subject to the obligation of treating others as full human beings and colleagues.

It is impossible to be exhaustive about professional obligations, and perhaps impossible to list all conceivable exceptions to such obligations. Nevertheless, the following specific guidelines have been written to suggest some of the contours of professional behavior for law students and faculty. These guidelines necessarily address conduct that varies greatly in its gravity. They should all be understood and interpreted in the spirit of the underlying general obligation to treat others as full human beings and colleagues:

  1. Classroom disagreements may be heated but should be expressed in terms of the merits of the position taken, rather than the worth of the person taking the position. Epithets and other ad hominem attacks are always inappropriate, although arguments drawn from one’s own experience and responses to such arguments are not. Thus, for example, deriding a speaker’s position on parochial schools with a religious slur is unprofessional, but saying “Growing up as a member of a religious minority, I felt coerced into saying the pledge of allegiance,” is not.
  2. Respect for and consideration of the educational and professional aspirations of others is required. Thus, for example, a student who retains library materials that are in demand by others after they are no longer needed or fails to decline a job offer as soon as they know they will not accept it, acts inappropriately.
  3. Destroying the notices, posters, or bulletin boards of other individuals or groups is not appropriate. Where either the author or the forum suggests that comment is invited, comment is permissible unless it violates some other standard.
  4. Professional obligations should not be assigned based on gender, race, ethnicity, religion, sexual orientation, or disability, although publicly expressed views on related issues may sometimes be considered when assigning obligations. For example, assigning the research of a particular question to a student because of her Asian surname is unprofessional, but an assignment based on the view they had expressed in the Korematsu case is not.
  5. Persons with evaluative authority such as professors, law review editors, moot court board members, and teaching assistants should seek to make their questions and examinations as fair as possible to various subgroups of students as is consonant with pedagogical and evaluative purposes. For example, the deliberate use of sexual innuendo in a law review competition is unprofessional, but a question concerning the validity of an abortion regulation is not.
  6. Touching another person in a sexual way on law school premises or while engaged in law school business is not appropriate absent prior knowledge that the person consents to such touching. Touching should also be in keeping with the context and institutional roles of the parties. For example, an arm around the shoulder may be appropriate between friends during lunch, but not appropriate during class.
  7. Comments made on law school premises to a person about his or her physical appearance should not be overtly sexual absent prior knowledge that the person consents. Other comments on personal appearance should be consonant with the professional obligations of the context. Thus “you look great in that dress,” is not per se objectionable in the hallway, but is inappropriate during the critique of a moot court argument.
  8. Intentional physical intimidation, whether it rises to the level of harassment, is always inappropriate. Thus, deliberately blocking a person’s way in the hall or cornering a person in the locker room is unprofessional.
  9. When a person asks not to be touched in a particular way, that request should be honored regardless of whether the touch was intended to be sexual or intimidating or would be construed as sexual or intimidating by a reasonable person.

The above guidelines are aspirational and are not intended to create new sanctions or to provide authority for the interpretation of any preexisting sanctions under either the Campus Code or the criminal law.

Cornell University Student Code of Conduct

The Campus Code of Conduct prescribes substantive rules of non-academic student conduct. Questions about the Campus Code of Conduct and related procedures should be directed to the Office of Student Conduct and Community Standards email or at (500 Day Hall, 1-607-255-4680).

The Student Code of Conduct and the Student Code of Conduct Procedures are intended to preserve a higher education community and residential campus where ‘any person’ in the community can pursue their education in a secure and nourishing environment.

The Standards for Professional Conduct Within the Cornell Law School is an aspirational code adopted by the Law School faculty in 1994.

Bar Admission and Character & Fitness

Bar Admission

Graduates of the Law School sit for bar examinations in various jurisdictions. In the most recent examination year, the three most common jurisdictions were New York, California, and Washington, D.C.

Each jurisdiction sets its own requirements for admission including curricular requirements. Each student is responsible for knowing the bar admission requirements in any jurisdiction where they wish to practice, and for satisfying that bar’s curricular requirements, which are available on the NCBE website. In addition, bar admission may require additional certifications such as pro bono service. For example,  candidates seeking admission in New York will need to file documentation showing that they have completed 50 hours of qualifying pro bono work as well as take the New York law course and pass the New York law exam. For more information, please refer to the New York Board of Law Examiners website.

The rules of certain jurisdictions (not New York) require either notification to the bar admission authorities of intent to begin the study of law or registration with the authorities when law studies begin. Students should obtain instructions from the proper source (usually the state board of bar examiners or the clerk of the court of highest jurisdiction) in the jurisdiction in which they intend to practice. Failure to comply with the instructions may substantially delay admission to the bar as well as increase costs. For current bar requirements, students should consult The Comprehensive Guide to Bar Admission Requirements, published annually by the American Bar Association Section of Legal Education and Admissions to the Bar and the National Conference of Bar Examiners. A copy is available online on the NCBE Publications or in hard copy at the Law School Registrar’s office, L46 Hughes Hall.

Character and Fitness

Students should be aware that bar authorities will request the Dean of the Law School or the Dean of Students to certify that an applicant is of good moral character and fit to be a member of the bar. Students should direct questions or concerns about this process to the Dean of Students.

Ongoing Duty to Update Law School Application

Any student matriculating at Cornell Law School consents to the mutual exchange of information, for educational and bar admission purposes, between the school and the bar examiners or other authorities of any jurisdiction to which that student seeks admission. That information includes the student’s record, which encompasses the law school application. First-year students have until November 1st of their first year to disclose anything not in their admissions application.

The Law School expects and assumes that students have been completely candid in their application. However, students have an ongoing duty to update the Law School immediately in writing if there are any changes, revisions, or omissions to the information submitted in their Cornell Law School application. This ongoing duty to update applies to the entire application, including the character and fitness inquiries, and to conduct that occurred both prior to and after enrollment. The ongoing duty to update includes the duty to provide all supporting documentation.

Procedures for Updating Pre-Enrollment Information

Students must notify the Dean of Students, or the Director of the Law, Technology & Entrepreneurship Program (for Tech LL.M. Students) in writing of any changes, revisions, or omissions regarding pre-enrollment incidents responsive to the admissions application as soon as possible after the incident occurs by submitting the Character and Fitness Amendment Request Form.

Students must disclose all responsive pre-enrollment information on or before November 1 of the first year of enrollment. The Law School will not accept disclosures of pre-matriculation information received after that date.

Procedures for Updating Post-Enrollment Information

Students must notify the Dean of Student or the Director of the Law, Technology & Entrepreneurship Program (for Tech LL.M. Students) in writing of any changes, revisions, or omissions responsive to the admissions application as soon as possible after the incident occurs using the Character and Fitness Amendment Request form.  All effort should be made to timely update this information, as outlined in the section on law school procedures for admissions application supplements.

Penalties for Application Omissions

The failure to promptly disclose information responsive to the admissions application, or the disclosure itself – depending on its nature- may result in cancellation of any scholarship, withdrawal of a student’s admission offer, honor code proceedings, dismissal from Cornell Law School, rescission or cancellation of any degree conferred by Cornell Law School, or other disciplinary sanctions, including reporting to the state bar authorities in the jurisdictions where a student registers for the bar exam.

Law School Procedures for Admissions Application Supplements

When a student at Cornell Law School informs the Dean of Students, or any other administrator, or faculty member that they failed to disclose a criminal, civil, or academic issue (the “Disclosed Issue”) that they believe they should have disclosed in his or her admissions application, the student will be required to complete an Admissions Application Character and Fitness Amendment Request found on the Registrar’s website, under Forms and Requests. The Admissions Committee (the “Committee”) will review the Request and may also conduct an interview at its discretion. The Committee will then do the following:

First, the Committee will determine whether the Disclosed Issue was required to be disclosed per the student’s admissions application. If the Committee determines that the Disclosed Issue was not required, then the student will be so informed, and no further action will be taken.

Second, if the Committee determines that the Disclosed Issue was required to be disclosed pursuant to the student’s admissions application, the Committee must determine whether or not it would have admitted the student in light of the Disclosed Issue. If the Committee determines that knowledge of the Disclosed Issue would not have been material to its admissions decision, had it been made aware of the Disclosed Issue when it made its admission decision, the Committee may decide to allow the student to amend his or her admissions application and include a letter in the student’s file that indicates the circumstances.

Third, if the Committee (1) determines that it would not have admitted the student if it had knowledge of the Disclosed Issue at the time it made its decision, (2) is not able to reach a consensus on whether or not it would have admitted the student if it had knowledge of the Disclosed Issue at the time it made its decision, or (3) determines that knowledge of the Disclosed Issue would have been material to its admission decision, then the matter may be referred to the Administrative Committee for further action.

All completed character and fitness amendment requests with supporting documentation regarding post-matriculation conduct will be referred to the Administrative Committee. The Administrative Committee can exercise all of the options at its disposal, including suspension, expulsion, and determining whether the Disclosed Issue and its failure to be initially disclosed should be included in the “character and fitness” certifications that Cornell Law School must complete for the student for his or her bar admissions.

After November 1 of the student’s first year of study, neither the Administrative Committee nor the Admissions Committee will accept character and fitness amendment requests regarding conduct that occurred prior to matriculation at Cornell Law School.

Communication Policies

Bulletin Boards (Ithaca Campus)

There are bulletin boards throughout the building for student announcements. Comments and suggestions should be directed to the CLSA President. The bulletin board outside of the Dean of Students office is for campus updates and scholarship announcements. If a student has something to be posted on that board, please bring it to the Dean of Students office for approval.

Email

Students at Cornell Law School use the Cornell University email system. This system is accessed using the student’s CU Net ID, which is provided by the University. Email is used as a significant means of communication between faculty, staff, and students. All students are expected to read their email on a daily basis. Additionally, emails sent to and from Cornell accounts should reflect the decorum and discernment expected of members of a professional school community. For additional information please contact the CIT Helpdesk by email or at (1-607-255-8990).

Law School Directory

The Law School provides an annual online directory providing faculty, student, and staff photos and a local student address directory available only to the law school community. In addition, the Career Development Office publishes a separate student photo directory for employers who interview on campus or at our job fairs.

Mail (Ithaca Campus Only)

U.S. mail and express mail are delivered Monday through Friday to the mailroom located at 228 Hughes Hall. Personal mail should be directed to a student’s residence. Standard U.S. stamps are available from the mailroom (no more than ten stamps a day). A U.S. outgoing mailbox is located along Central Avenue in front of Anabel Taylor Hall. The U.S. Postal Service also offers mailing services at the Cornell Post Market on the upper level of The Cornell Store on Ho Plaza.

Scoops

Scoops is the Law School’s weekly newsletter and is delivered to students’ Cornell email addresses every Monday morning during the semester while classes are in session. Students are responsible for knowing the information in Scoops, so please make a habit of reading it. Student organizations are strongly encouraged to list events in the Scoops weekly calendar if they are not listed in the Calendar of Events of the Law School. Items may be submitted via email to the Scoops email no later than Thursday at noon.

Cornell Law Forum

The Cornell Law Forum is published by Cornell Law School each spring and winter. The Forum consists of articles, profiles, news of the law school, alumni news, and class notes. Students are occasionally asked to contribute news items about Law School events.

Postering Policy

The Law School abides by the policy and procedures for posting material as outlined in the current University Postering Policy. The Law School Facilities Department is responsible for what is placed upon or attached to the walls of the building. Materials may not be attached to walls, doors, or windows either inside or outside the building without prior approval from the Facilities Manager (Christopher Arnold, G62 Myron Taylor Hall, or at 607-279-8763). If students have questions regarding the posting of materials in the Law School, the Law School Postering Policy is available at the Registrar’s website, under Law School policies.

Cornell Law School Third Party Communications Policy

Cornell Law School’s mission remains that articulated by Cornell President Andrew Dickson White upon the founding of the law school in 1887: “Our aim is to keep its instruction strong, its standard high, and so to produce … a fair number of well-trained, large-minded, morally based lawyers in the best sense.”

Further, as outlined in Cornell Law School’s programmatic learning outcomes 3 and 4, students are being trained to be both effective advocates for themselves and others, as well as to pose creative solutions to complex problems. Cornell Law students are adult learners being equipped to serve the legal profession at the highest levels. To that end, Cornell Law School communicates directly with our students about their educational records and experiences. While the Family Educational Rights and Privacy Act allows educational institutions to share certain information about a student’s educational record with the student’s written permission, our law school takes this responsibility even further. In order to fulfill our mission of training and developing “lawyers in the best sense,” Cornell Law School will not communicate with any third parties, with or without a FERPA waiver to do so, absent extenuating circumstances directly affecting a student’s health, safety, and wellbeing. Of course, there may be exceptions to this third-party communications policy based on the needs of a particular student or situation and with the proper authorization. Those exceptions will be determined on a case-by-case basis by the Dean of Students.