disciplinary action question phrasing

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nigeriansiberian
Posts: 46
Joined: Fri Apr 20, 2012 8:07 pm

disciplinary action question phrasing

Postby nigeriansiberian » Sun Apr 29, 2012 1:42 am

...
Last edited by nigeriansiberian on Thu Jun 14, 2012 1:44 am, edited 1 time in total.

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BVest
Posts: 5717
Joined: Tue Mar 20, 2012 1:51 pm

Re: disciplinary action question phrasing

Postby BVest » Sun Apr 29, 2012 11:37 am

Here are some C&F Sections in full:

Please answer the following (your application will not be reviewed if left unanswered). If you answer "yes" to any of the
following questions, please electronically attach a detailed explanation. The obligation to provide truthful, accurate, and
complete information is a continuing one which requires you to notify the law school of any changes in your answers to
any part of this application which occur after the date of application submission. Additionally, any ambiguity in the
questions below should be addressed by contacting the Office of Admissions.

NOTE: The American Bar Association Standard 504 requires the law school to advise each applicant to secure
information regarding the character and other qualifications for admission to the bar in the state in which the applicant
intends to practice.

1. Have you ever been subject to any disciplinary action, misconduct or irregularity charges or allegations, placed on
academic probation, or dismissed from any school, college, university, or graduate/professional school or any
organization or association including LSAC or is any such action pending or expected to be brought against you?

2. Have you ever been charged with or convicted of any violation of law? You must report all infractions of law,
criminal, civil, or otherwise, including any that are pending. Please report all incident(s) even if the charges were
discharged, dismissed, dropped, declared nolle, or expunged. All traffic infractions, excluding parking tickets, must be
reported.

3. Have you ever been dismissed from any employment for cause or discharged from the armed forces under
conditions other than honorable?

==========================

Because of the high ethical standard governing lawyers, the failure to disclose an act or event such as the ones
described below is often more significant, and leads to more serious consequences, then the act or event itself. Failure
to provide full and truthful answers may result in denial of admission, withdrawal of admission, expulsion after
matriculation, revocation of the law degree after graduation, other disciplinary action by the Law School, referral to
appropriate legal education authorities and state bar examiners, or denial of permission to practice law by the state in
which you seek admission. Failure to answer a question and/or providing superficial explanations will result in your
application file being considered incomplete.

Full candor in the application process is required not only by Baylor Law School but also by the state bar for the
jurisdiction(s) in which you intend to practice. At the start of your studies, the state bar authorities will review your law
school application answers for accuracy by means of a thorough background check. Additionally, your entire history
will be checked again by the state bar authorities when you apply for admission to the bar, which you must do in order
to practice law.

American Bar Association Accreditation Standard 504(a) states: "A law school shall advise each applicant that there
are character, fitness, and other qualifications for admission to the bar;" therefore, applicants are encouraged to
contact the jurisdiction in which they intend to practice to learn about the jurisdiction's requirements for admission to
the bar prior to matriculation. Please see the following website and select the link titled CompGuide_2010.pdf to
download a comprehensive guide to bar admission requirements: --LinkRemoved--
Comp_Guide

Read the following questions very carefully. If the answer to any of the following questions is "yes" provide a detailed
explanation on separate sheets of 8 1/2" x 11" paper as an electronic attachment. Include your name and LSAC
account number on each page. This explanation must be separate from any material provided as part of your personal
statement.

1. Were you ever admonished, reprimanded, censured, put on probation, dropped, suspended, or expelled by any law
school, university, college, graduate school or professional school for academic or disciplinary reasons, or were you
allowed to resign or withdraw in order to avoid academic or disciplinary action?

2. Have you ever been accused within any academic setting of cheating, plagiarism, or any other academic
dishonesty?

Instructions for Question 3 Below: You may exclude minor traffic violations. You must, however report any traffic or
other offenses involving alcohol, drugs, or a controlled substance, or any offenses in which there was an attempt,
whether successful or not, to suspend or revoke your drivers license. List and provide a detailed explanation of each
instance, including its ultimate disposition. You must disclose each instance even if no charges were filed, even if you
were granted any type of pretrial diversion, even if filed charges were dismissed (with or without prejudice), even if
such charges resulted in a deferred adjudication, even if you were acquitted of such charges, or even if such charges
resulted in conviction that was reversed, set aside, vacated, or expunged. Administrative license suspensions must
also be disclosed. You must also disclose any matters involving a failure to appear or answer any citation or warrant
whether for a traffic violation or otherwise. Disclosure is required even if you have been informed by any source that
you do not have to disclose any such instance.

3. Have you ever, either as an adult or juvenile, been ticketed for, arrested for, charged with or convicted of any
violation of the law?

4. If you have ever served in the Armed Forces (federal or state), were any administrative or disciplinary proceedings
commenced against you, or did you receive a less than honorable discharge? (If you have never served in the Armed
Forces, you may leave this question blank.)

5. Have you ever been a part of a civil proceeding in which you were alleged to have committed fraud or any type of
fraud or misrepresentation, or alleged to have engaged in grossly negligent or reckless conduct? If this has occured,
this question should be answered "yes" regardless of the outcome of the proceeding. List and provide a detailed
explanation for each instance.

6. Have you ever been terminated. suspended, disciplined, or permitted to resign in lieu of termination from a job? List
and provide a detailed explanation of each instance.

7. Have you ever been suspended, placed on probation or warning, or otherwise disciplined by any professional
organization or state agency charged with reviewing professional conduct or are any charges or proceedings pending
or completed? List and provide a detailed explanation for each instance.

=========================

If you answered "Yes" to either question, please attach an addendum explaining the circumstances. Note that an
affirmative answer to either question does not necessarily preclude or even prejudice admission to Berkeley Law. Your
answer will be reviewed on an individual basis in relation to all aspects of your experience, academic achievement,
and potential.
If your answer to either of the above two questions becomes affirmative after you submit your application, you are
required to notify the Admissions Office in writing.
1. Have you ever been convicted of a felony or a misdemeanor or is any such charge now pending against you?

2. Have you ever been subjected to a dismissal, suspension, probation, or other disciplinary or academic sanction by
any college, university, or professional school?

============================

*If your answer to any of these questions below is "Yes," please attach an explanatory statement with your electronic
application. Note that an affirmative answer to question 4 also requires a letter of good standing from your law school.

1. Have you ever at any college or university been in other than good standing because of academic deficiencies,
been censured for misconduct, or been the subject of disciplinary proceedings?

2. Have you ever been convicted of, or is any charge now pending against you for any crime other than a traffic
violation?

3. Have you ever been subject to discipline by a professional organization?

4. Have you ever been enrolled in another law school?

==================================

While answering the two questions below, when in doubt, err on the side of full disclosure, as the failure to fully answer
any question may result in exclusion from law school or denial of the opportunity to take a state bar examination.
(Please note each state has character, fitness, and other qualifications for admission to the bar; we encourage you to
determine what those requirements are in the state(s) in which you intend to practice.) If, following your completion of
this application, matters arise that would require you to answer yes to either question, supplement your application with
complete details. Note that an affirmative answer to either question does not necessarily preclude or even prejudice
admission. Your answer will be reviewed on an individual basis in relation to all aspects of your experience, academic
achievement, and potential. You must submit an electronic attachment with any affirmative responses; provide
complete details, including dates and resolution (see Attachments section).

3. Have you ever been subject to disciplinary action for academic or other reasons in any of the colleges, universities,
graduate, or professional schools you have attended, or are such charges pending or expected to be brought against
you?

4. Have you ever been convicted of a crime (following a jury or bench trial, a guilty plea, or a nolo contendere plea)
including misdemeanors and infractions, but excluding minor traffic violations, or are such criminal charges pending or
expected to be brought against you?

============================

1. Have you ever been suspended, expelled, placed on probation, or otherwise disciplined by any college or university
for academic or other reasons? (If yes, explain on a separate sheet or electronic attachment.)

2. Have you ever, either as an adult or a juvenile, been cited, arrested, taken into custody, charged with, indicted,
convicted or tried for, or pleaded guilty to, the commission of any felony or misdemeanor or the violation of any law,
except minor parking or traffic violations, or been the subject of any juvenile delinquency or youthful offender
proceeding? If yes, explain on a separate sheet or electronic attachment. Please note that although a conviction
may have been expunged from the records by an order of a court, it nevertheless should be disclosed in the
answer to this question. Also, you should have available and be prepared to submit or exhibit copies of police and
court records regarding any matter you disclose in reply to this question. Each state has character and fitness and
other qualifications for admission to the bar. Prior to matriculation, all applicants should consult the bar admission
authorities in the state in which he or she intends to practice law to determine these requirements. Information about
the requirements for admission to the bars of various states is available from the American Bar Association, 321 North
Clark Street, Chicago, IL 60610, website http://www.abanet.org.

===============================

1. Conduct, Character, and Fitness (Please read carefully) You are applying to UNC School of Law and other law
schools with the likely goal of becoming licensed to practice law in some state after graduation. When a law school
graduate applies to take a bar examination in any state, the bar examiners of that state ask the applicant's law school
to provide an evaluation of the student's character and fitness to practice law. Most states are interested in character
and fitness issues that include, but by no means are limited to, prior criminal conduct. Typically, state bar examiners
compare a student's answers to conduct questions on the applicant's law school application to information provided by
the student on the student's bar application when assessing the applicant's character and fitness to practice law. We
recommend that, as soon as you know the state in which you intend to practice, you contact that state's Board of Bar
Examiners to determine its requirements. The Board of Bar Examiners of a particular state might ask you for
information on an application to sit for its bar exam that is not asked for in an application for law school admission. This
may include criminal records that have been sealed or expunged by order of a court. In any state, the act of voluntary,
open disclosure is central to the determination of character and fitness to practice law. Because of the high ethical
standards to which lawyers are held, failing to disclose an act or event is often more significant, and leads to more
serious consequences, than the act or event itself. Similarly, in applying to Carolina Law, we encourage open
disclosure of any matters that might bear on an assessment of your character and fitness to practice law. Thus, as part
of the admissions process, all applicants to Carolina Law are required to answer the questions below as accurately
and completely as possible. If the School of Law determines that your answers are incomplete or inaccurate, your
application will be considered incomplete and will not be sent to the Admissions Committee for review until it is
complete. When completing this application for admission, all applicants are required to disclose the details and results
of any criminal charges (except for minor traffic violations). Even if charges were dismissed, or a conviction reversed,
set aside, or vacated, the matters must be disclosed to the School of Law. Contrary advice by legal counsel does not
exempt an applicant from this requirement. Juvenile records that have been sealed or expunged by order of a court
need not be disclosed on this application. Your answers to the questions are confidential, except as may be required
by Bar Examiner disclosure, a court order, or other legal process. All applicants are under a continuing obligation to
notify the Office of Admissions of any changes in their applications up until the time of enrollment, and to notify the
Assistant Dean for Student Services of any changes in their answers to these questions after enrollment. As part of the
Honor Code for the University of North Carolina, a student who is found to have falsified or withheld information from
answers to an admissions application is subject to disciplinary action, including possible dismissal from the School of
Law. If you answer yes to any of the following questions, include a statement providing dates and a complete
explanation and description of the circumstances and resolution of each incident.

2. Have you ever been expelled, dismissed, suspended, placed on probation, or otherwise subject to any disciplinary
sanction by any high school, college, university, graduate or professional school? (This includes information listed in
your academic records as "FOR INFORMATION ONLY".)

3. Have you ever received a citation for, been arrested for, charged with, convicted of, or pled guilty, no contest, nolo
contendere, entered an Alford plea, or otherwise accepted responsibility for a crime, or have you received a deferred
prosecution or prayer for judgment continued, for any criminal charge other than a minor traffic violation? This would
include any charges of driving under the influence or any other drug or alcohol-related offenses. (Juvenile records that
have been sealed or expunged need not be disclosed.)

4. Are there any criminal charges pending against you or are you presently under investigation for a crime of any kind?
(This includes any charges of driving under the influence or other drug or alcohol-related charges.)

Character and Fitness continued
5. Have you ever been involuntarily separated from a job, internship, externship, or as a volunteer for a nonprofit
organization, as a result of an accusation that involved dishonesty or moral turpitude?

6. Have you ever been sued for a non-criminal act that was alleged to have been intentional?

7. Have you ever been subject to disciplinary action by a professional association or state licensing board, or had a
professional license suspended or revoked?

8. Please address any other incident involving questions of your character that are not covered by the above
questions.

=========================

It is imperative that you honestly and fully answer all questions, regardless of whether you believe the information
requested is relevant. Your responses on your application are evidence of your candor and honesty. An honest "yes"
answer to a question on your application is not definitive to the law school's assessment of your present moral
character and fitness, but a dishonest "no" answer is evidence of a lack of candor and honesty, which may be
definitive on the character and fitness issue. Please note that while you need not disclose expunged or sealed
offenses, arrests, tickets, citations, or matters subject to orders of nondisclosure, it is your responsibility to ensure the
offense, arrest, ticket, or citation has in fact, been expunged, sealed, or made subject to an order of nondisclosure.
Failure to reveal an offense, arrest, ticket, or citation that is not, in fact, expunged, sealed, or made subject to an order
of nondisclosure raises questions related to truthfulness in addition to questions regarding the offense itself. You must
report any failure to appear charge, warrant or conviction resulting from any violation of the law including traffic
violations. Failure to provide truthful answers or failure to inform the Admissions Office of any changes to your answers
may result in revocation of admission or disciplinary action by the law school or denial of permission to practice law by
the state in which you seek admission. It is also your responsibility to research the character and fitness and other
qualifications for the state(s) in which you intend to practice.
1. Have you ever been dropped, suspended, warned, placed on academic or disciplinary probation, disciplined,
expelled, or requested or advised to resign from any post-secondary school, college, university, professional school, or
law school? This could include but not be limited to discipline in any way for any matter by any college, university, law
school or other institution of higher learning, or by any professor, administrator, employee, or entity representing any
college, university, law school or other institution of higher learning. (Entity includes, without limitation, residential
facilities or other facilities owned or managed by a college, university, law school or other institution of higher learning.)

2. Have you ever been arrested, cited or ticketed for, or charged with any violation of the law? You may exclude minor
traffic violations. You must report any offenses involving alcohol or drugs, any failure to maintain motor vehicle
financial responsibility (a.k.a. No insurance or No Motor Vehicle Liability Insurance) and any offenses in which there
was an attempt, whether successful or not, to suspend or revoke your driver's license. You must report any failure to
appear charges resulting from the offense.

3. Have you ever been convicted of an offense, placed on probation, or granted deferred adjudication or any type of
pretrial diversion, in any jurisdiction? You may exclude minor traffic violations. You must report any offenses involving
alcohol or drugs, any failure to maintain motor vehicle financial responsibility (a.k.a. No insurance or No Motor Vehicle
Liability Insurance) and any offenses in which there was an attempt, whether successful or not, to suspend or revoke
your driver's license. You must report any failure to appear charges resulting from the offense.

===========================






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