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Volume 100 IOWA LAW REVIEW University of Iowa College of Law Student Writers’ Manual T ABLE OF C ONTENTS Page Table of Contents .............................................................................................1 Editorial Board Contact Information ................................................................2 Schedule of Important Deadlines .....................................................................3 Introduction & Purpose ...................................................................................4 Rules & Responsibilities ..................................................................................5 Credit .....................................................................................................5 Deadlines ...............................................................................................5 Strike Policy ...........................................................................................6 Publication Component....................................................................................7 The Editing Process ................................................................................7 Office Hours ...........................................................................................8 Performance Reviews ..............................................................................9 Authority Checks ................................................................................. 10 The Bluebook........................................................................................ 11 Note-Writing Component ............................................................................... 13 What is a Note? .................................................................................... 13 Steps in the Note-Writing Process ......................................................... 18 Topic Selection ..................................................................................... 20 Research .............................................................................................. 25 Writing Mechanics ................................................................................ 26 Technical Requirements ....................................................................... 30 Plagiarism ............................................................................................ 31 Appendix A: Checklist for Technical Requirements ......................................... 32 Appendix B: Word Processing Tips ................................................................. 35 Appendix C: University Policies ...................................................................... 41 1 IOWA LAW REVIEW V OL . 100 E DITORIAL B OARD C ONTACT I NFORMATION Name Email Out-of-Office Phone Cindy L. Alkass [email protected] 847-826-2882 Amanda K. Beggs [email protected] 815-575-0385 MacKenzie M. Benson [email protected] 319-360-8539 Ashley D. Brosius [email protected] 309-721-8048 Lisa C. Castillo [email protected] 253-267-2466 Sarah E. Claypool [email protected] 319-330-5761 Nicholas S. De La Cruz [email protected] 563-650-3844 Joshua J. Despain [email protected] 801-928-9626 Milly Dick [email protected] 703-861-9931 Kyle J. Essley [email protected] 417-438-3478 Elizabeth A. Etchells [email protected] 319-541-9672 Zachary R. G. Fairlie [email protected] 319-361-6361 Ashley R. Gleckler [email protected] 602-618-3195 Maureen E. O’Brien Alexandra L. Pratt Roseann R. Romano Zachary Gray Sanderson Zane A. Umsted Michelle L. Wallace [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] 2 847-334-1474 816-591-1206 515-201-9940 309-648-1839 712-298-2171 515-402-2552 S CHEDULE OF I MPORTANT D ATES WEDNESDAY, SEPTEMBER 17, 2014 TOPIC SELECTION & PREEMPTION CHECK DUE Your Note & Comment Editor will provide you with a topic selection form that will require a description of your topic and a preliminary list of possible sources for your research. You must also do a thorough preemption check before submitting your topic for approval. THURSDAY, SEPTEMBER 18, 2014 MR. IOWA LAW In celebration of meeting your first deadline, there will be no ACs on Thursday, September 18. You are encouraged to attend Mr. Iowa Law in lieu of your regularly scheduled AC, and the Iowa Law Review will coordinate a social gathering preceding the event. THURSDAY, OCTOBER 2, 2014 PLAGIARISM WORKSHOP Nancy Jones, Ph.D., from the Writing Resource Center will conduct a mandatory plagiarism workshop at 12:40 p.m. in Levitt Auditorium. THURSDAY, OCTOBER 9, 2014 OUTLINE & BACKGROUND SECTION DUE You must provide your Note & Comment Editor with (1) a two-page outline of your entire Note, from Introduction to Conclusion, and (2) the Background Section of your Note, which must include at least five full pages of text and at least five full pages of endnotes. THU. & FRI., OCT. 23–24, 2014 IOWA LAW REVIEW SYMPOSIUM Attendance at the ILR Symposium is mandatory. More details regarding student writer participation will be released closer to the Symposium. FRIDAY, NOVEMBER 7, 2014 30 OFFICE HOURS DUE MONDAY, NOVEMBER 10, 2014 FIRST DRAFT OF NOTE DUE You must provide your Note & Comment Editor with two copies of the first draft of your 40-page Note (at least 20 full pages of text and 20 full pages of endnotes). Your draft must include a cover page with a table of contents and summary of thesis (see appendix to this Writer Manual). MONDAY, NOVEMBER 10, 2014 POST-DRAFT CELEBRATION To celebrate your submission of the first draft of your Note, the Iowa Law Review will coordinate a social outing worthy of the great accomplishment! WEEK OF DECEMBER 1, 2014 DRAFTS RETURNED & EDITOR MEETINGS Your first draft will be edited by your Note & Comment Editor and returned no later than this week. You are encouraged to meet with your Note & Comment Editor prior to the conclusion of fall semester to discuss the progress of your Note. FRIDAY, DECEMBER 5, 2014 50 OFFICE HOURS DUE TUESDAY, JANUARY 20, 2015 (OPTIONAL) DRAFT FOR PEER REVIEW DUE If you are participating in the optional peer review, you must turn in your Note to Zane Umsted in the ILR office no later than 12:00 p.m. The Note you will edit will be put in your mailbox by 6:00 p.m. MONDAY, JANUARY 26, 2015 (OPTIONAL) PEER REVIEW RETURNED If you chose to participate in the peer review, your edit of another student’s Note is due to Zane Umsted in the ILR office no later than 12:00 p.m. Your edited Note will be returned to your mailbox by 12:00 p.m. on Tuesday, January 27. 3 THURSDAY, FEBRUARY 5, 2015 FINAL DRAFT OF NOTE DUE The final draft of your Note (at least 20 full pages of text and 20 full pages of endnotes) is due to your Note & Comment Editor. FRIDAY, FEBRUARY 20, 2015 30 OFFICE HOURS DUE FRIDAY, FEBRUARY 20, 2015 IOWA LAW REVIEW BANQUET Student Writers are expected to attend the annual ILR banquet. The time and location of the banquet will be announced at a later date. MONDAY, MARCH 23, 2015 50 OFFICE HOURS DUE ** All assignments/hours are due by 5:00 p.m. unless otherwise noted ** 4 I NTRODUCTION AND P URPOSE Since its inception in 1915, the Iowa Law Review has served as a scholarly legal journal, noting and analyzing developments in the law and suggesting future paths for the law to follow. Students manage and edit the Iowa Law Review, which publishes five times a year. The Iowa Law Review ranks among the top "high impact" legal periodicals in the country, and its subscribers include legal practitioners and law libraries throughout the world. Membership on the Iowa Law Review is not only a high honor for law students, but also one of the most valuable forms of legal education. Serving on the Iowa Law Review enhances research and writing skills, stimulates creativity, and fosters resourcefulness in legal study. All of these skills will prove invaluable as you begin your legal career. Moreover, the Iowa Law Review provides a forum for the intellectual curiosity of law students. As a second-year writer for the Iowa Law Review, you should understand that the Iowa Law Review requires an extensive time commitment. You will play a significant role in the editorial process and write a scholarly article of publishable quality before the end of your second year. The Iowa Law Review's standards are high and the legal community recognizes them as such. The Iowa Law Review is an important tradition at the College of Law and we, the Volume 100 Editorial Board, look forward to working with each of you in continuing this tradition of excellence. The purpose of this manual is to serve as a resource for second-year writers. Policies and procedures in the Iowa Law Review bylaws are binding on all editors and students. Relevant information from the bylaws is communicated in this packet. These bylaws, as well as the other information in this manual, are subject to amendment from time to time by the Editorial Board of the Iowa Law Review. Should these policies and procedures change, you will be notified. Any Bluebook conventions that the Iowa Law Review chooses not to follow are noted in the Volume 100 Stylistic Conventions handed out during Writers’ Camp; otherwise, please note that the Bluebook, not this manual, will serve as the primary authority involving reference citing. This manual will help you understand the Iowa Law Review's writing and editorial processes, and will specifically outline the responsibilities you will have as a second-year writer. Please keep in mind, however, that this manual is not exhaustive as to various Iowa Law Review policies and procedures. Welcome to membership on the Iowa Law Review. We look forward to working with you! 5 R ULES & R ESPONSIBILITIES This section will address the following topics: I. Credit ...................................................................................................... 5 II. Deadlines ................................................................................................. 5 III. Strike Policy .............................................................................................. 6 A. Policy Basics ........................................................................................ 6 B. Policy Regarding Missed Deadlines ........................................................... 6 C. Appeals Policy ....................................................................................... 6 I. CREDIT To receive academic and writing credits for your work on the Iowa Law Review, you must: 1. 2. Have your Note certified as credit-worthy by the Note & Comment Editors and by the Iowa Law Review’s faculty advisor Complete all office-hours and authority-check requirements Upon completing these requirements, you will receive two academic writing credits. You must take one credit per semester: Fall 1 credit Spring 1 credit To receive credit for your Note, the Note & Comment Department will read your Note and, based on the quality of the piece, approve or decline credit (this determination may involve an analysis of the substantive content of the Note, your writing style, and conformity with technical requirements). Your Note & Comment Editor will help you throughout the writing process to increase your likelihood of receiving credit. (Please note: At your Editor’s discretion, you may be required to turn in additional revisions of your Note if your Editor determines that the initial submission does not satisfy these requirements.) II. DEADLINES The Iowa Law Review seeks to enforce all deadlines uniformly, both for your Note and the office hours projects that you are assigned. The normal burdens of the second year (AAI, interviewing, research assistantships, etc.) do not excuse Law Review Members from meeting their deadlines. Exceptional circumstances may excuse a Member from a deadline and warrant an extension. The following do not qualify as exceptional circumstances: computer problems, pressures of studies, residence outside the local area, extracurricular activities, interviewing or travel for interviewing purposes, etc. In the case of truly exceptional circumstances, you must obtain an extension from Zane Umsted, the Senior Note & Comment Editor, and your individual Note & Comment Editor prior to missing any deadline. Unless impossible, you should request an extension prior to the deadline you wish to extend. Failure to do so decreases the likelihood that you will receive an extension. 6 III. STRIKE POLICY A. POLICY BASICS The strike system is the formal penalty system for missed requirements. The Iowa Law Review strives to issue strikes fairly and to treat Members appropriately. Editors may issue strikes in one of two areas: 1) Publication component. Strikes will be issued in the publication component for missed ACs, consistently deficient work at ACs, and problems with office hours projects (lateness, incompleteness, etc.). 2) Writing component. Strikes will be issued in the writing component for missed Note deadlines and deviations from the technical requirements for writing submissions. Additionally, the Editorial Board, in its discretion, may issue strikes for the substantial failure to comply with other requirements of either the publication or writing component. If a student writer submits work in either component that shows an obvious lack of effort or a failure to satisfy the substantive requirements of the assignment, the supervising editor is authorized to issue a strike to the student writer, and/or decrease the amount of office-hours credit the writer receives. A total of three strikes in either area results in dismissal from the second-year program. The strikes are tabulated separately. To be dismissed from the program, a member must accumulate three publication strikes or three writing component strikes. Thus, a member with two publication component strikes and two writing component strikes does not lose membership status. (This is not, of course, a suggested course of conduct. You should strive to follow the membership requirements and remain strike-free). B. POLICY REGARDING MISSED DEADLINES Under normal circumstances, failure to turn in materials by an established deadline will result in a strike if you have not received an extension from the Senior Note & Comment Editor and your individual Note & Comment Editor (or, for office-hours projects, from the supervising editor) prior to the deadline. If you miss a deadline and are issued a strike, you have 24 hours to turn in the materials before another strike may be issued (this period includes weekends). Thus, if your Note is due at 5:00 p.m. on a Monday, you will receive one strike if you fail to turn it in by that time, unless you have already received an extension from your editor. A second strike will be issued at 5:00 p.m. on Tuesday if you again fail to turn it in by that time or you do not receive an extension from your editor prior to the issuance of the second strike. The passage of additional 24-hour periods will be treated similarly. Under some circumstances (e.g., sudden illness, death in the family, accidents) you may be unable to contact the Senior Note & Comment Editor or your individual Note & Comment Editor and gain an extension prior to receiving strikes. In such cases, the Senior Note & Comment Editor has the ability to retroactively waive all strikes issued under this policy. Before waiving any strikes issued under this policy, however, the Senior Note & Comment Editor may request some proof of the circumstances you encountered. C. APPEALS POLICY In receiving strikes, and in all aspects of the Iowa Law Review, you have the right to be treated fairly. Appeals may be made from decisions concerning your status with Law Review. You may challenge any decision you feel is based on arbitrary or capricious rules, that you feel is the result of an arbitrary or capricious application of the rules, or that reflects discrimination on the basis of race, gender, religion, ethnicity, nationality, physical capability, sexual orientation, or age. You should appeal first to Kyle Essley, the Editor in Chief. For decisions that revoke your status, you may appeal to the faculty advisor. 7 T HE P UBLICATION C OMPONENT This section will address the following topics: I. II. III. IV. V. I. The Editing Process ............................................................................................ 7 Office Hours ....................................................................................................... 8 A. What Are Office Hours? ................................................................................. 8 B. Office Hour Requirements ............................................................................. 8 C. Obtaining Office Hours.................................................................................. 9 D. Tracking Office Hours ................................................................................... 9 Performance Reviews .......................................................................................... 9 A. Project Reviews Shared with Student Writers ................................................ 9 B. Confidential Project Evaluations .................................................................... 9 Authority Checks ................................................................................................ 10 A. Purpose of ACs.............................................................................................. 10 B. AC Attendance .............................................................................................. 10 C. What Happens at ACs ................................................................................... 10 The Bluebook .............................................................................................................. 11 A. Commonly Used Rules .................................................................................. 11 B. Common Errors ............................................................................................ 12 THE EDITING PROCESS The following are brief descriptions of the editing process for both student Notes and professional Articles. Understanding the big picture behind what you are doing will allow you to contribute more fully to the work you are preparing. Selecting Articles and Notes • The Iowa Law Review receives many Article submissions, and the Articles Department selects the submissions it wishes to publish and extends publication offers to the Articles’ authors. • Student Notes are selected by the Note & Comment Department in the spring from among the Notes written by Student Writers that year. The Substantive Edit (completed by the Articles and Notes Departments) • Suggest substantive changes • Look critically at the structure and organization of the piece • Look at the analysis – Is anything missing? Does the logic flow properly? • Offer suggestions for improvements to the piece, including how to state things more concisely and remove passive voice • Identify statements that need the support of authority • Line edit for style, readability, and flow • Line edit for grammar, punctuation, and spelling • Identify footnotes that need parentheticals and identify missing jump cites • Correct any obvious citation errors (i.e. errors identifiable without opening your Bluebook) The Authority Check (completed by all Editors and Student Writers) • Check sources to ensure that they accurately support the author’s assertions • Put footnotes in proper Bluebook form • Draft parentheticals where necessary and appropriate The Technical Edit (completed by the Managing Department) • Bluebook for form and consistency 8 • • Correct any obvious grammatical errors Make stylistic and technical suggestions to ensure consistency with Iowa Law Review conventions The Page Proof (completed by the Administrative Editor and Executive Editor) • Convert from Microsoft Word into publishing template • Conduct final Bluebook edit • Correct any obvious grammatical errors • Final polishing – layout and typos II. OFFICE HOURS A. WHAT ARE OFFICE HOURS? Editors have various tasks that must be completed throughout the year, ranging from pulling books in the library before an AC, compiling book lists, and purchasing food for an AC, to entering data changes, editing Articles or Notes, and performing substantive research. Editors can assign any project that contains legitimate Law Review work. The following is a list office hours projects normally associated with the publication process that might be available to student writers. Please note that this list is not exhaustive. • • • Substantive edit – the initial edit of an Article or Note selected for publication, focusing on the substance of the piece; i.e., grammar, style, readability, logic, overall flow of the piece, etc. Technical edit – an edit focusing primarily on the technical aspects of the piece; i.e., elimination of typos, spelling, correct Bluebook form for the footnotes, etc. Page proof – a line-by-line technical evaluation of a Note or Article, focusing mainly on the elimination of typos, correcting spacing problems, and ensuring correct Bluebooking format Office hours are important to the Iowa Law Review's publication process. Without the completion of these tasks, the Articles and Notes would not become ready for publication. Also, the quality of student writers’ work on office-hour projects is considered when selecting editors for the next year’s Editorial Board. For student writers considering being on the Editorial Board, office-hour projects can also provide a sense of what various jobs on the Board entail. For example, Articles and Note & Comment Editors generally perform Substantive Edits as part of their editorial duties, Managing Editors generally perform Technical Edits, etc. Note: Because the quality of your efforts in completing office-hour projects is critical to the Iowa Law Review's publication process, supervising editors can, at their discretion, award fewer office hours than you request or issue you a strike if they deem your work on a project to be substandard. B. OFFICE HOUR REQUIREMENTS You must complete 50 office hours each semester. Of these fifty hours, thirty must be completed by Friday, November 7, 2014, in the fall semester and Friday, February 20, 2015, in the spring. Your fifty office hours each semester must include: 1) At least one edit: substantive or technical. 2) One project from each department: Managing, Articles, and Note & Comment. In addition, the Editor in Chief, Administrative Editor, or Executive Editor may assign office hours that fall under one of these categories. 9 Any hours you complete beyond the fifty required during the fall semester will carry over to the spring semester. Every attempt will be made to assign office hours to those writers who have not met their upcoming deadline before being given to writers who have met their requirements. C. OBTAINING OFFICE HOURS Student writers will usually be able to obtain office hours through one of the following methods: • Office-hours assignments will be regularly posted on the online Office Hours System; • Editors may occasionally announce projects via the Law Review listserv; • Editors will also occasionally announce office-hours opportunities at ACs. It is your responsibility to find projects throughout the semester. You will not want to be trying to complete all fifty hours during finals weeks. If you are having difficulty getting enough hours, come to the Law Review office and ask the editors present if they have any projects. The publication process keeps the editors very busy, and someone will undoubtedly have a project that needs your work. Remember to complete at least one edit per semester and one project from each department each semester. Although your individual Note & Comment Editor is primarily assigned to help you write your Note, they are a great resource for help understanding and completing the Publication Component of the second year program. Please feel free to ask them (or any editor) for clarification on publication-process requirements, including office hours. D. TRACKING OFFICE HOURS You will submit a paper record of your office hours to Lisa Castillo, the Administrative Editor, on forms that will be provided to you at some point during the semester. If you have questions, please do not hesitate to ask Lisa or the editorial staff. III. PERFORMANCE REVIEWS A. PROJECT REVIEWS SHARED WITH STUDENT WRITERS After each project, your assigning editor will review your work with you either in person or in writing. These reviews are meant to be constructive so that you can progress toward being an increasingly effective student writer and possible editor. Although it is your editor’s duty to contact you after every project with your review, seek out your editor if you do not hear from that person within a short time of submitting your work. B. CONFIDENTIAL PROJECT EVALUATIONS In addition to sharing a review with you, your assigning editors will complete a written evaluation for all of your projects that will be kept confidential in the Law Review office until after the editorial board is chosen. The editorial board will rely heavily on these evaluations when choosing the next year’s editorial board in the spring. For your benefit, the contents of the evaluation form appears below: Name of Project: Name of Writer: Name of Editor: Hours Awarded: Evaluation (score 1-10) Attitude: Complied with Directions: Style/Technical: Written Product: Receptiveness to Feedback: Comments: 10 IV. AUTHORITY CHECKS A. PURPOSE OF ACS Editors use authority checks (“ACs”) to verify two important parts of each citation. First, you will verify the substantive accuracy of the citation. This requires making sure the author accurately stated the cited proposition and used the appropriate signal and explanatory parenthetical. Second, you will verify the technical accuracy of the citation. This requires making sure the citation conforms to the Bluebook and contains correct grammar, spelling, and punctuation. ACs are critical to the Iowa Law Review. The integrity and reliability of the ILR depends on the pieces published in it. The ILR carries a tradition of excellence, and it is the goal of each editorial board to maintain that standard. Thus, every published piece must be substantively and technically accurate. ACs are also critical to you. First, ACs enhance your Bluebooking and citation-creation skills. The development of these skills helps when citing the sources in your own Note. Second, Editors will evaluate your work at every AC. Thorough work at an AC demonstrates a commitment to the Law Review and the publication process. The Editorial Board will consider your work at ACs in making board selections for the following year. Furthermore, any work judged to be unsatisfactory will have to be redone. Redoing unsatisfactory work is necessary to maintain the high standard of the Iowa Law Review and to ensure that you receive credit for that AC. B. AC ATTENDANCE You must attend all ACs. Students with a class scheduled during an AC should, of course, attend class and follow the procedure below for missing an AC. Although missing ACs can sometimes be accommodated, writers are expected to make the necessary arrangements to attend ACs whenever possible. ACs usually last between three and four hours. ACs are scheduled in both the fall and spring semester and generally conclude around the midpoint of each semester. Editors will attempt to be sensitive to the writing deadlines, but sometimes the publication process cannot accommodate that schedule. You are still required to attend ACs despite other deadlines. Assuming prior notice is given, editors will accommodate missed ACs for job interviews, though you will be responsible for completing the AC early or will be assigned additional office hours for missed ACs. In the event that you must miss an AC, contact Lisa Castillo as soon as possible, but at least 24 hours prior to the AC. Lisa will determine how you will make up that AC. Any unexcused absence from an AC will result in a publication component strike and may lead to failure to receive academic credit. When in doubt, contact Lisa. C. WHAT HAPPENS AT ACS You should bring your Bluebook and Redbook to every AC. You should also bring pencils and erasers. The following list covers what you should do at each AC: • The editor or the author may give a synopsis of the piece or special instructions. They may also indicate any missing sources, especially difficult citation forms, etc. Pay special attention to these announcements. • Pick up a numbered packet and sign the attendance sheet. Make sure to put your name on the packet. 11 • WRITE ONLY IN PENCIL and WRITE LEGIBLY! • Check every source for substantive accuracy. The editor will have most of the cited sources in the room for you to verify the citations. Some will be missing, and others will be on reserve in the library. Ask the editor in charge if you cannot locate a source. Most editors will instruct you to flag a missing source with a post-it tab. • Check every citation for technical accuracy. Compare the citation form to the Bluebook's requirements. Also, check the spelling, grammar, and punctuation of each citation. Ask an editor for help if you have difficulty finding the appropriate form. • When making any changes, write legibly in pencil only. Use the correct editing marks found inside the back cover of the Redbook. • Check the text for technical accuracy. By the time a piece has reached the AC stage it has gone through multiple edits. Do not line-edit the text of the piece you are reviewing, check only the spelling, grammar, and punctuation. • An editor must check your packet before you can leave. If the editor feels your packet is wholly unsatisfactory, he or she will have you redo the work. In all other situations, the reviewing editor will help you address any errors you make and will communicate with you about the issues that they discover. This guarantees that the citations will be more accurate, and that you will learn the correct citation forms. V. THE BLUEBOOK The Bluebook contains a vast amount of information. Therefore, do not attempt to memorize the whole book. Instead, become familiar with its general content and organization. You can get an overview of the most frequently used sections by reading the sections regarding: (1) rules of citation, (2) rules of style, (3) cases, (4) statutes and legislative materials, and (5) secondary materials. Also the index in the back of the Bluebook is indispensable. A. COMMONLY USED RULES The following is a checklist for commonly referred to Bluebook rules. It is not an exhaustive list; consult the Bluebook for the specific rules. • Make sure the introductory signal is correct. Rule 1.2. • Make sure the order of the signals is correct. Rule 1.3. • Make sure the order of authorities within each signal is correct. Rule 1.4 • Make sure the name of each source is correct. E.g., Rule 10.2.2 (cases), Rule 12.2.1 (statutes). • Make sure the punctuation between signals is correct. Rule 1.3. • Make sure the punctuation between sources within each signal is correct. Rule 1.3. • Make sure ellipses are used correctly. Rules 5.2 and 5.3. • Make sure brackets are used correctly. Rules 5.2 and 5.3. 12 • Ask yourself if a particular quotation should be blocked and indented. Rule 5.1. • Make sure omitted footnotes are properly indicated. Rule 5.2. • Make sure any added or deleted emphasis is indicated. Rule 5.2. • Make sure foreign words are properly italicized. Rule 7. • Make sure the use of short cites is correct. E.g., Rule 10.9 (cases), Rule 12.10 (statutes), Rule 16.9 (periodicals). • Make sure the citations to endnotes of a source are correct. Rule 3.2(c). B. COMMON ERRORS Legal writers generally commit a number of common Bluebook errors. The following brief list should help you spot some of the most frequently committed mistakes, but is by no means exhaustive. • There must be a pin cite after all signals, except "see generally." A pin cite is the page on which the quotation or paraphrased idea can be found in the original source. • All signals that require explanatory parentheticals must begin with either a present participle or a full quotation. See Bluebook Rule 1.5. • "See, e.g.," requires a minimum of two cites and an explanatory parenthetical after each cite. • Parallel citations for state cases are not used. • "Id." cannot be used when the previous footnote contains more than one cited authority. • Do not use "supra" or "infra" references to refer to cases, statutes, or constitutions. • All case names must be properly abbreviated as necessary. The first word of a case is never abbreviated. See Bluebook Rule 10.2.2. • Be sure to follow the proper citation order. See Bluebook Rule 1.3. 13 T HE N OTE -W RITING C OMPONENT This section will address the following topics: I. VI. VII. What is a Note? .................................................................................................. 13 A. “Wide World of Notes” ................................................................................... 14 B. The Note Structure........................................................................................ 15 C. Common Types of Notes ................................................................................ 16 D. Topics and Structures to Avoid ..................................................................... 18 Steps in the Note-Writing Process ....................................................................... 18 A. Choose a Topic .............................................................................................. 18 B. Outline & Background Section ...................................................................... 18 C. First Draft ..................................................................................................... 19 D. Return of First Draft ..................................................................................... 19 E. Optional Peer Review..................................................................................... 19 F. Final Draft .................................................................................................... 20 Topic Selection ................................................................................................... 20 A. Choosing Your Topic ..................................................................................... 20 1. Spotting the Issue .............................................................................. 20 2. Narrowing the Focus .......................................................................... 23 B. Preemption Checking ................................................................................... 23 1. What is Preemption? .......................................................................... 23 2. How to Check for Preemption ............................................................. 24 3. Why Preemption Matters to You .............................................................. 25 Research ............................................................................................................ 25 Writing Mechanics .............................................................................................. 26 A. Reference Guides .......................................................................................... 26 B. Style ............................................................................................................. 27 C. Supporting Authority ..................................................................... .............. 28 D. Endnotes ...................................................................................................... 29 Technical Requirements...................................................................................... 30 Plagiarism .......................................................................................................... 31 I. WHAT IS A NOTE? II. III. IV. V. The Iowa Law Review publishes several types of legal scholarship, mainly Notes and Articles. A Note is a work of legal scholarship written by a student that identifies a specific, unresolved legal problem and offers a solution—usually centered on legislation or general legal theory or principle. A Comment is a specific analysis of a recent case decision handed down by the United States Supreme Court, a United States Court of Appeals, or a state supreme court. An Article is a work of legal scholarship written by a professional author, usually a distinguished law professor or legal practitioner. Most Iowa Law Review student writers write Notes (students rarely write Comments). Notes are frequently relied on in the legal world—though they are read more often than they are cited. Practitioners, judges, clerks, scholars, legislative staffers, and students all depend on Notes for clear, concise articulations of complicated areas of the law, for arguments to use in briefs, and for support in judicial opinions. Notes are shorter than Articles and much narrower in scope. The legal marketplace developed Notes as vehicles for focusing and solving discrete legal problems because students have time to delve into small but important issues that might not be worth a professional author’s time. A Note’s author will often be the best authority on the specific problem she addresses. The Iowa Law Review favors Notes that answer 14 discrete questions fully, rather than broad questions shallowly, because the Iowa Law Review seeks to influence legal thinkers—on the bench, in legislatures, and in academia. Notes take clear positions on the issues they address. They are academic contributions, so they must recognize all sides of the issue discussed and be as objective as possible. By doing this, a Note’s author assures her reader that nothing is hidden, which lends credibility to the position she ultimately takes. A Note author should articulate her position forcefully while treating contrary arguments seriously and respectfully. Notes meet a specific need in the legal marketplace, so they must meet the market’s expectations. A Note will not be useful unless its author puts everything where it is supposed to be, allowing readers to find what they expect to find, where they expect to find it. Notes are sonnets—not free verse. Adhering to the traditional Note structure will allow readers to use your work more easily. The following sections describe the structure of Notes and their most common types. A. “WIDE WORLD OF NOTES” The Notes below have been frequently cited over the past few years. Reading their titles and descriptions will give you a sense of the typical Note’s scope. If any of these Notes sound interesting, find them on LexisNexis or Westlaw and skim them to get a sense of the genre. • Steven P. Wieland, Gambling, Greyhounds, and Gay Marriage: How the Iowa Supreme Court Can Use the Rational-Basis Test to Address Varnum v. Brien, 94 IOWA L. REV. 413 (2008) (arguing that if the Iowa Supreme Court should apply the rational-basis “with teeth” scrutiny because it would most accurately follow U.S. Supreme Court precedent and would be a wise tactical move in handling a volatile issue like same-sex marriage). • Betsy Dee Sanders Parker, The Antiterrorism and Effective Death Penalty Act (“AEDPA”): Understanding the Failures of State Opt-In Mechanisms, 92 IOWA L. REV. 1969 (2007) (examining the requirements of the AEDPA and identifying why courts across the nation have held that every state attempt has failed to satisfy these requirements). • Eric L. Kintner, Bad Apples and Smoking Barrels: Private Actions for Public Nuisance Against the Gun Industry, 90 IOWA L. REV. 1163 (2004) (analyzing recent private-plaintiff cases arguing public nuisance against the gun industry in light of the ancient origins and rationales for the public-nuisance doctrine and attempting to show why private plaintiffs' claims have survived in cases where the public plaintiffs' claims have largely failed). • Mark T. Bailey, Feeney's Folly: Why Appellate Courts Should Review Departures from the Federal Sentencing Guidelines with Deference, 90 IOWA L. REV. 269 (2004) (exploring the justifications for and possible ramifications of one the PROTECT Act's most significant provisions that requires appellate courts to review district court departure decisions de novo, overturning turns the Supreme Court's unanimous holding in Koon v. United States that departures should be reviewed for abuse of discretion, and concluding that Congress was wrong to overturn Koon). • Omar Akbar, Losing Geneva in Guantanamo Bay, 89 IOWA L. REV. 195 (2003) (establishing that the U.S. government is in violation of the Third Geneva Convention relative to the Treatment of Prisoners of War and providing suggestions for the proper application of the Convention in the future). 15 B. THE NOTE STRUCTURE A good Note describes the background law, explains the problem at issue, and argues for a resolution that would solve the problem. The standard Note does these three things in Parts I, II, and III, and frames the three parts with an introduction and conclusion. The Iowa Law Review does not require you to use the three-part structure—but to make your scholarship as helpful as possible to the legal community; you should try to conform to the standards of the genre. Sticking to the traditional structure allows readers to find what they need. The standard format for the three-part Notes includes the following: • Introduction: Your introduction should be succinct—usually about four short paragraphs. It should catch the reader’s attention, provide the basic information necessary to know what the Note is about, and briefly state the problem. The final paragraph of the Introduction should explain what the Note argues—it usually begins with something like “This Note argues that . . .” and is the most important sentence of your Note. The paragraph should then briefly outline what each part of the Note will discuss, typically using only one sentence to explain each part. These sentences are the first and most important roadmap, and they are crucial to the success of your Note. Most practitioners and judges will not have time to slog through an entire Note when it is only partially relevant to the question they are facing, so they must be able to identify quickly which Part of the Note is important to their work. • Part I: Part I gives background information and describes the case law that has preceded the issue you plan to discuss. Remember that Notes are aimed at nonexperts. It is better to explain too much than to risk losing readers on the points you make later. Don’t worry that you’re not saying anything new in Part I—you’re not supposed to. Just make sure that you clearly set up the issue you plan to discuss in Part II without dwelling on unnecessary background law. Be brief and descriptive. • Part II: Part II describes in detail the problem or issue your Note addresses and explains why it is important. For example, it might describe a new development and why that development has made past interpretations or approaches somehow deficient. It might criticize past treatment of an issue and explain why prior measures aimed to address the issue have been inadequate. It might explore the nuances of a circuit split on an issue and explain why the issue is important enough to demand resolution. Be clear why the problem or issue you address is important and why the prior treatment described in Part I cannot resolve it. • Part III: Part III presents your approach to the problem or issue presented in Part II. This is where you propose your solution. Be sure to argue thoroughly for your approach by addressing counterarguments and considering new concerns it might raise. • Conclusion: Your conclusion should be short and sweet—perhaps only a paragraph or two. Minimize footnotes and leave out “see supra” cites. The Conclusion should not simply restate your Introduction, but should put your solution into broader perspective. Your Note should also employ the following important practices: • Roadmaps: Besides the roadmap in the Introduction, each Part should be roadmapped in an introductory paragraph. Tell the reader what the Part will do and how the Part fits into the overall structure of your Note. Address your roadmap to a reader who is skimming your Note or who is entering your Note at that point. Keep your roadmaps simple. The reader should have a good idea of what you are going to say, but the reader does not need to see every single detail of your 16 argument up front. Roadmaps are also a good idea at the beginning of a particularly long or complex section. • Sections and Subsections: For the same reason you use roadmaps (to aid those who are skimming the Note to find only what they need to know), you should also divide Parts into Sections, and Sections into Subsections. The reader, by looking only at your Part, Section, and Subsection headings, should be able to understand roughly what is going on in the Note. • Headings: The headings of your Sections and Parts should contribute to your Note. They should not be so general that they could fit any piece. For example, do not use “Background” or “The Solution” as the heading for a Section. Instead, try to incorporate a more substantive description of what each Section or Part discusses. Below is an example of a table of contents from a student Note that demonstrates use of headings: I. II. Introduction . . . . . . . . . . . . . . . . . . . . . . .1 Collateral Consequences of Drug Convictions . . . . . . . 3 A. What Are Collateral Consequences? . . . . . . . . . .3 B. Loss of Public Housing as a Collateral Consequence . 5 III. Defendants’ Rights When Pleading Guilty . . . . . . . . . 7 A. Guilty Pleas Generally . . . . . . . . . . . . . . . 7 B. Courts’ Duties and Responsibilities Regarding Guilty Pleas . . . . . . . . . . . . . . . . . . . . . . . 10 C. Courts’ Lack of Responsibility to Inform of Collateral Consequences . . . . . . . . . . . . . . . . . . . .12 IV. Loss of Public Housing Should Not Be Treated as a Collateral Consequence . . . . . . . . . . . . . . . . . 15 A. A Warning of Loss of Public Housing Should Be Required Under Rule 11 . . . . . . . . . . . . . . . . . . . 16 B. Loss of Public Housing Should Be a Sentencing Consideration . . . . . . . . . . . . . . . . . . . 21 V. Conclusion . . . . . . . . . . . . . . . . . . . . . . . 24 C. COMMON TYPES OF NOTES • Circuit split or “messy doctrine” Note: Two or more circuit or district courts, or the highest courts in two or more states, will decide a discrete issue differently. The circuit-split Note analyzes why courts have reached different decisions and instructs future courts to act in a certain way. One problem for Notes that address federal circuit splits is that your Note will be preempted if the Supreme Court grants certiorari. (On the other hand, maybe the Court will cite your Note.) A recent “circuit split” example is: o Thomas F. Woods, Gerber v. Hackman: The Ninth Circuit Vacates a Seminal Case, 88 IOWA L. REV. 1243 (2003) (examining different circuits’ approaches to prisoners’ attempts to use artificial insemination to procreate). A recent “messy doctrine” example is: o Robin L. Dull, Understanding Proper Exhaustion: Using the Special-Circumstances Test to Fill the Gaps Under Woodford v. Ngo and Provide Incentives for Effective Prison Grievance Procedures, 92 IOWA L. REV. 1929 (2007) (examining how the Supreme Court further complicated the law by not defining “proper exhaustion” in its decision in Woodford v. Ngo). • “How X impacts Y” or side-effects Note: These Notes draw attention to the fact that a recent decision or recent legislation might have an unexpected impact on a situation not considered by 17 the judges or legislators involved. These Notes then discuss whether the impact is good or bad and whether the case or law should be extended in this way. Many of the Notes in the ILR fit this mold. Some examples are: o Douglas Van Zanten, Felony Murder, the Merger Limitation, and Legislative Intent in State v. Heemstra: Deciphering the Proper Role of the Iowa Supreme Court in Interpreting Iowa’s Felony-Murder Statute, 93 IOWA L. REV. 1565 (2008) (analyzing the Iowa Supreme Court’s decision in State v. Heemstra in light of the felony-murder doctrine and subdoctrines and arguing that the Court show increased deference to the legislature and precedent). o Britta A. Schnoor, International Law, the Power of the Purse, and Speaking with One Voice: The Legal Cacophony Created by Withholding U.S. Dues from the United Nations, 92 IOWA L. REV. 1133 (2007) (examining the history of the U.S. withholding the dues it owes the United Nations and what the legal issues would be if H.B. 2745 passes). • Policy Note: When Notes criticize legislation on policy grounds, they can help advance the debate and may even influence legislative staffers; on the other hand, they will be preempted if the laws change. A good example is Jessica R. Reese, A Post-Granholm Analysis of Iowa's Regulatory Framework for Wine Distribution, 94 IOWA L. REV. 665 (2009) (examining two Iowa statutes in light of Granholm v. Heald and concluding that certain provisions of both statutes are likely unconstitutional under a Granholm analysis and recommending that Iowa adopt a directshipment permit system to regulate the direct shipment of wine to consumers). • Cross-disciplinary Note: Notes that borrow insights or analysis from other disciplines can shed light on legal thinking. These Notes work especially well if the author has significant expertise in another area (i.e., if you earned a doctorate before coming to law school). For example, see Elizabeth Khoury, HMO Liability after Aetna Health Inc. v. Davila: Are Patients' Rights at Risk?, 91 IOWA L. REV. 1621 (2006) (discussing the implications of the Davila case to consumers of employee health-benefit plans, highlighting the negative impact of Davila on patients' rights, and urging a congressional remedy). • Historical Note: Remember that Notes must address a live legal issue. Therefore, a Note that traces legal history must, in Part III, demonstrate the relevance of that history to the current debate. For an example, see Varun Bhat, Corporate Governance in India: Past, Present, and Suggestions for the Future, 92 IOWA L. REV. 1429 (2007) (examining the corporate-governance architecture of India from its independence in 1947 to 2007 and making suggestions to improve corporate governance). • Empirical Research Note: This type of Note is extremely useful—but rare. It’s hard to find an area that you can research in a limited amount of time. Empirical Notes are hard to preempt—you are only preempted if someone has done the same (or a similar) empirical study. In other words, you can say, “Professor X detailed legal theory Y. Theory Y is as follows. This Note will prove (or disprove) it.” Just because theory Y has been articulated elsewhere does not mean that your empirical Note is preempted (but preemption rules would prevent you from writing a standard Note that was merely a defense of theory Y). For an example, see Tyler J. Buller, Framing the Debate: Understanding Iowa’s 2010 Judicial-Retention Election Through a Content Analysis of Letters to the Editor, 98 Iowa L. Rev. 1745 (2012) (analyzing newspaper articles, particularly letters to the editor, to help understand the why three Iowa Supreme Court justices were voted out in 2010). • “Looking at X through Y legal philosophy” Note: These Notes examine a particular legal problem through a well-defined, non-mainstream perspective, such as Feminism, Law & Economics, or Critical Legal Studies. 18 • Broad Philosophical Look Note: Every now and then a Note successfully takes a look at a bigpicture question and proposes a new way of understanding the law, or develops an innovative analytic framework to be applied to the law. If these Notes are successful, they will be cited for many years (because they are essentially preemption-proof). On the downside, this type of Note is incredibly difficult to write—not only because it is hard to be both creative and relevant, but also because it is difficult to find a “broad look” topic that fits into a Note’s smaller scope. Published examples include Jennifer E. Watson, When No Place Is Home: Why the Homeless Deserve Suspect Classification, 88 IOWA L. REV. 501 (2003). D. TOPICS AND STRUCTURES TO AVOID II. • “Musings” Note: These Notes amount to “a bunch of interesting thoughts about [X].” A Note that describes a recent Supreme Court decision or legal phenomena and merely offers a handful of observations fails to meaningfully contribute to the legal community. A Note should be an incisive identification of a discrete problem and a proposal of a targeted solution. It’s not a venue for various thoughts on an interesting topic. • Research Note: These Notes merely paint a portrait of the legal landscape without offering any creative thought or original analysis. Notes should offer more than a mere summary of the law— they should provide a thoughtful solution to a previously unidentified problem. • Monster Note: A Note like this proposes to tackle gargantuan topics and sweep legal academic off its feet. Notes should tackle narrow, modest topics rather than issues that are excessively broad and more likely to be preempted. Note topics should be manageable and well-defined, focused on one central idea or concept. • “Same problem, new solution” Note: These Notes fail to identify a new problem and instead merely propose a different solution to a problem already identified and addressed by others. The goal of a Note is to bring to light a legal problem that no one else has addressed. STEPS IN THE NOTE-WRITING PROCESS A. CHOOSE A TOPIC The deadline for topic selection is Wednesday, September 17, 2014 at 5:00 p.m. Your Note & Comment Editor must approve your topic before you may begin writing your Note. You should select your topic as soon as possible to allow sufficient research time. You must also do a careful preemption check before you begin writing on your topic. After you have chosen a topic, fill out and submit the Topic Selection Form provided by your editor. If you choose your topic earlier than the deadline, turn this form in earlier so you can begin your research. See Section III below for more information on choosing your topic. B. OUTLINE & BACKGROUND SECTION The deadline for the outline and background section of your Note is Thursday, October 9, 2014 at 5:00 p.m. Your outline must be at least two full pages. The background section must have at least five full pages of text and five full pages of endnotes. All pages must have one-inch margins typed in doublespaced Times New Roman twelve-point font. After you have started researching your topic, you should begin to structure your argument and create the form and direction of your analysis. The purpose of the outline is to help you plan the development of your Note and lay out an effective argument structure. The more organized and defined your outline is, 19 the easier the writing process will be later. In your outline you are free to include ideas for arguments, possible directions that your Note may take, and any other information that you feel will help you in structuring your Note. The presentation of the background of a topic enables you to grasp both the history of your topic as well as the direction it may be headed. The background section should reveal your research in an organized fashion. As a general rule, the background section, after the introduction is added to it, will comprise just less thanhalf of your total length. You must turn in at least five pages of text and at least five pages of endnotes by the October 9 deadline. Remember, only the background and the outline are due by this date; your introduction can be added later. It is important for you to understand that this requirement represents your initial steps in the development of your project. Therefore, do not feel pressured into having a fully developed analysis. Nonetheless, please take this assignment seriously and make this initial assignment as perfect as possible. This means that you must include citations, presented in proper Bluebook format. This will enable your Note & Comment Editor to keep track of your research. Furthermore, do not have any spelling or grammatical errors. This step is important, and the editorial staff will scrutinize your submission accordingly. C. FIRST DRAFT The deadline for the first draft of your Note is Monday, November 10, 2014 at 5:00 p.m. Submit two copies of your Note (at least 20 full pages text and at least 20 full pages endnotes) to your Note & Comment Editor. Each page must have one-inch margins typed in Times New Roman twelve-point double-spaced font. Your research should be almost fully developed at this point and you should put forth your best efforts to make your submission as polished as possible. You will receive the most benefit and enhance your likelihood of publication if you submit a piece as close to what you believe is publishable as possible. Be sure to comply with all technical requirements outlined in this Manual. D. RETURN OF FIRST DRAFT The initial draft of your Note will be returned to you the week of December 1, 2014. Your Note & Comment Editor will do a thorough edit of your paper with regard to both the substance and writing. You may schedule a conference with your editor to discuss the progress of your project and the quality of your draft. If your editor feels that you have not progressed satisfactorily toward a polished draft, or if he/she feels that you have not put forth a sufficient effort, your editor may, at his/her discretion, require you to submit an additional draft of your Note or require you to consult with the Writing Center prior to the final draft. E. OPTIONAL PEER REVIEW Student writers have the opportunity to participate in a peer review. This step in the note-writing process is entirely optional, but is highly recommended. In addition to providing additional feedback on your Note, this review is beneficial because it will encourage you to put more effort into your Note in advance of the final draft’s due date—thus enhancing the likelihood of publication—and it will provide you with additional editing experience, which is helpful if you are considering applying for the Editorial Board. If you decide to participate in the peer review, you must submit a copy of your Note to the Senior Note & Comment Editor on Tuesday, January 20, 2015, by 12:00 p.m. If you would like your Note to remain anonymous, remove your name from the Note and attach a separate piece of paper with your name when submitting your Note. The Notes will then be distributed to other participating student writers. Every Member who chooses to have their Note peer reviewed must also edit another student’s Note. The time you spend editing another student’s Note will count as office hours. Each student writer may spend up to ten hours on their edit. Two copies of the completed edit are due to the Senior Note & 20 Comment Editor on Monday, January 26, 2015, by 12:00 p.m. You should also submit a note stating how many hours you spent on the edit. Student writers will receive their edited Note by noon the following day. F. FINAL DRAFT You will turn in your final draft on Thursday, February 5, 2015 at 5:00 p.m. Submit three hard copies of the final draft and one e-mail copy to your Note & Comment Editor. Additionally, you will be required to upload your Note to Turnitin.com, a plagiarism-detection website. More information on this will be provided closer to the deadline. The final draft will determine whether credit will be given to a member. Our operating assumption is that each student writer has a goal of having his or her Note selected for publication in March. The Bylaws require only that any student Note we select for publication be “publishable.” Therefore, any and all feedback you receive from the Iowa Law Review Editorial Board, especially from your Note & Comment Editor, will be to gear your Note towards “publishability,” and not merely to “pass.” * Failure to comply with any one of the deadlines or failure to submit a satisfactory product may result in the issuance of a strike. III. TOPIC SELECTION A. CHOOSING YOUR TOPIC Choosing a viable topic is the most important and often the most difficult part of the process. You should look for a topic that interests you, is manageable to write about in detail prior to the relevant deadlines, and has not been exhausted by other scholars. Keep in mind that you will be choosing a topic in the shadow of the threat of preemption (described in the next section, a Note can be preempted in a few ways—usually when a higher authority explores the issue, making the Note irrelevant). A good phrase to keep in mind is that a Note should address a “live legal controversy.” A Note should identify a narrow, unaddressed problem and offer a solution that is novel and useful to the legal community. 1. Spotting the Issue The best way to find a Note topic is to (1) come up with some rough Note ideas, and (2) bounce those ideas off of your Note & Comment Editor and a professor (or a few professors). Here are some ways to narrow your search within your area(s) of interest: • Talk to contacts from your summer job. Many Note topics come from summer jobs. That is partly because practitioners are often called on to research unsettled areas of the law, and partly because lawyers often ask summer clerks to tackle unresolved areas of the law that no one else has the time to examine. o A good way to begin is to review any memos you were asked to write over the summer. Do you recall any unresolved questions that were outside the scope of your assignment but seemed interesting? Did any memo conclude “I don’t know”—either because there was authority on both sides of the question, or because it was unclear how a recent case or law might impact the subject you were asked to look into? Any of these things might indicate a fledgling Note topic. o If nothing Note-like sprung from your summer assignments, why not pick up the phone and call the people you worked with? They will still remember you. Ask whether they have stumbled across any interesting gray areas recently that might lead to the kind of sustained inquiry required by a Note. 21 o o You might find that many workplace suggestions are memo-worthy but not Note-worthy (i.e., they might be too lightweight or too narrow to support the kind of research and legal thinking that goes into the average Note). Nevertheless, you may find some Note-sized topics in the mix. One final comment: If you want to write about a case that you worked on last summer, you will need to clear it with your former boss. Different organizations have different policies and confidentiality concerns, and as a future member of the bar, it is important that you take these concerns into account. • Look for circuit splits or controversies among states. The classic “circuit split” Note is discussed above. There are several ways to locate splits: o To locate splits generally, check out the “Circuit Split Roundup,” published by U.S. Law Week—ask the reference librarian to direct you to the collection. Or you can search the Westlaw directory of U.S. Law Week articles: You’ll find it in Directories/Legal Periodicals/Legal Newspaper Databases/BNA United States Law Week. Search for “circuit /5 split” and add any search terms related to your area of interest. (You can also try the same trick for any of the other legal-newspaper databases located on Westlaw or Lexis.) o To find circuit splits that have been identified in judicial decisions, go to Westlaw or Lexis, select the U.S. Court of Appeals database, and input a few words related to your topic. Then add one of the following phrases to your search terms: (1) circuit or authorit! /5 split; (2) “decline to follow” /s circuit or appeals; or (3) disagree /s circuit /s first or second or third or fourth or fifth or sixth or seventh or eighth or ninth or tenth or eleventh or D.C. o SCOTUSblog, at http://www.scotusblog.com, occasionally mentions splits (but be careful if the issue is too ripe for a cert grant—you do not want to be preempted). o Split Circuits, at http://splitcircuits.blogspot.com/, is a blog dedicated to tracking developments concerning splits among the federal circuit courts. o Casebooks and treatises highlight circuit splits and different treatments among states—in casebooks, check those notes that appear at the end of each subchapter (all the openended questions contained in those notes are just waiting to be tackled by enterprising law students). o Don’t forget Google! • Think of “side effects” stemming from court decisions or legislative enactments. The classic “How Does X Impact Y” Note is discussed above. Look at: o En banc decisions: If an appellate court decided to sit en banc, you can bet the case presents some tricky and important issues. En banc decisions are great ways to find Note topics, especially if the case is narrowly decided and the dissent is a scorcher. You can find en banc decisions by searching Westlaw or Lexis: select either the “U.S. Courts of Appeals” database or the “all states” database, input a few search terms particular to your topic, and then add this seven-word phrase: “sitting en banc” or “rehearing en banc.” o Periodicals: Sit down in the library and scan the most recent issues of the National Law Journal and the U.S. Law Week. These publications often discuss developments in the law and the impact such developments might have on real life. o Loose-leaf newsletters: If you already know your topic of interest, sit down with a reference librarian and ask what loose-leaf services the library collects (or knows of) regarding your topic. These services can be extremely specialized. For instances, Mealey’s Litigation Reports publishes loose-leaf newsletters on areas from “Business Interruption Insurance” to “Welding Rod Litigation.” o SCOTUSblog, at http://www.scotusblog.com: In addition to gossip and updates about the Supreme Court and its cases, you will find information about big cases working their way up the appellate ladder, discussions of ways in which new Supreme Court cases might 22 o impact the legal landscape, and links to commentary in the media, the academy, and the blogosphere. “How Appealing” Blog, at http://legalaffairs.org/howappealing: This site rounds up links to the latest appellate opinions—not all the opinions, just the newsworthy or controversial ones. It also provides links to media discussions of appellate opinions. It is a good place to find controversial cases, which in turn lead to areas of the law that are unsettled and therefore good places to find Note topics. • Consult with a professor. You are strongly encouraged, but not required, to consult with at least one professor while writing your Note. You will probably need to approach a professor that you have never met before. That is okay—they are used to hearing from students who are thinking about Notes, and many professors are happy to help. Your approach should be something like this: (1) First, narrow your topic to a few ideas, or to a discrete area of the law that would lend itself to exploration in one or two directions; (2) Talk to the Note & Comment Editors about which professors would be appropriate for your idea; (3) E-mail the professor and say: “I’m researching a Note topic in the area of X. You were recommended to me by [a Note & Comment Editor / another professor / etc.]. Would you be willing to chat for a few minutes about my research?” You will be surprised at how amenable most professors are to this approach. o If you meet with a professor, you do not have to know the exact issue your Note will address, but you should have a clue about the contours of the law regarding the topic you are investigating. Professors respond better to curious and motivated students than students seeking handouts. That said, if you suggest a Note topic, you might get a Note topic in return. Plenty of professors might respond, “I don’t think your Note Idea X would work because of such-and-such. How about looking into Note Idea Y, which is closely related and would be so much more interesting?” o In general, professors are great resources for brainstorming and sharpening your Note’s focus. Keep in mind, however, that professors’ recommendations have not been vetted for preemption. You may begin work on the professor’s suggestion only to find that someone has recently covered the question, or that the topic is too big for one Note, or that your research has led you to an idea that you like better than the one with which you began. Do not be afraid to follow up with the professor as you discover new aspects of your topic. o You should also talk with a professor about your Note because your Note & Comment Editors are not experts in all areas of the law. Our job is to act as informed and careful lay readers. For solid legal advice on your Note, consult with a professor. You will not get tremendous amounts of law-based feedback from us—though we will certainly tell you if we know the area well and if you are way off-track, or if we feel that you have not explained the law clearly enough. • If you get stuck . . . check out the following resources: o Richard Delgado, How To Write a Law Review Article, 20 U.S.F. L. REV. 445 (1986). o ELIZABETH FAJANS & MARY R. FALK, SCHOLARLY WRITING FOR LAW STUDENTS: SEMINAR PAPERS, LAW REVIEW NOTES, AND LAW REVIEW COMPETITION PAPERS (2d ed. 2000). In particular, see the chapter titled, “Inspiration: Choosing a Subject and Developing a Thesis.” o Heather Meeker, Stalking the Golden Topic: A Guide to Locating and Selecting Topics for Legal Research Papers, 1996 UTAH L. REV. 917. o Eugene Volokh has made this area into a cottage industry. He has a book (ACADEMIC LEGAL WRITING: LAW REVIEW ARTICLES, STUDENT NOTES AND SEMINAR PAPERS (2003)) and a website (http://www.law.ucla.edu/volokh/writing). It is all based on a piece he wrote a few years ago: Writing a Student Article, 48 J. LEGAL EDUC. 246 (1998). o BRYAN A. GARNER, GARNER ON LANGUAGE AND WRITING: SELECTED ESSAYS AND SPEECHES OF BRYAN A. GARNER (2009). 23 2. Narrowing the Focus Once you think you have a topic selected, dig a little deeper to be sure the idea is suitable for a Note. If you are focusing on a particular case, you should read the case several times and underline important parts. Look for the factors that present significant problems. You should become familiar with the area of law on the issue(s) and check the amount of legal literature available. Check sources such as Westlaw, Lexis, Wilson disc online index, Index to Legal Periodicals, indices to the Iowa Law Review, Am. Jur. and C.J.S., leading texts and hornbooks on the subject, A.L.R., Restatements, West digests, any CCH or P-H Service on the area of law, and any pertinent Uniform Act on the relevant area of law. Evaluate the issues present in the case(s) or discussion in light of previous treatment. Decide whether your topic is appropriate for a Note by considering the following factors: • • • • • • • Significance: Does the issue affect important social, economic, or legal issues, rights, or interests? Does the issue generate controversy? Practicability: Does the issue have a real-world application? Does it involve actual, not just theoretical, situations in need of some resolution? Timeliness: Is the issue one of recent or current developments? Are further developments likely? State of resolution: Is the issue in need of further legal attention or response? Do jurisdictions conflict in their treatment of the issue? General applicability: Does the issue have an impact beyond local Iowa situations? Does it apply to areas beyond its own immediate context? Multi-analytical nature: Can economic, social, political, cultural, or philosophical criteria be used to evaluate the issue and its potential resolution? Reader interest: Is the issue interesting because of its unusual background or context? B. PREEMPTION CHECKING 1. What Is Preemption? The Iowa Law Review wants to publish Notes that will impact the legal community for years to come, which is why your Note must address a “live legal controversy.” If your Note addresses an issue that has already been explored to a similar or greater level of detail, it will have no impact. Few, if any, scholars, courts, or lawmakers will use preempted scholarship, making it unworthy of publication.1 Your Note is preempted if it analyzes a legal problem that has been thoroughly analyzed elsewhere or that events have rendered irrelevant. It is your Note’s analysis of a legal problem that is vulnerable to preemption—Part II, typically. Even if your Note proposes a new solution to that problem in its Part III, it is preempted if the problem has been analyzed thoroughly elsewhere or has become irrelevant. Following are some characteristic—but not exclusive—examples of preemption: 1 There is a narrow exception to this rule: The Iowa Law Review may choose not to cancel a preempted Note if that Note has progressed substantially through the publication process before it is preempted. At that point, the logistical cost of removing the Note would be greater than the damage to the Iowa Law Review’s reputation caused by publishing the Note. 24 • • • • If your Note analyzes a circuit split and the Supreme Court grants cert to resolve the split, your Note has almost certainly been preempted. Even if you propose Solution A and the Court chooses Solution L, people will be unlikely to use or cite your Note because it no longer addresses a “live legal controversy.” In this case, events have rendered irrelevant the legal problem that your Note analyzes. If your Note analyzes a statute that Congress or a state legislature substantially amends, your Note has almost certainly been preempted. Even if you propose weakening the law and Congress or a state legislature strengthened it, people will be unlikely to use or cite your Note because it concerns an outdated legislative regime. In this case, events have rendered irrelevant the legal problem that your Note analyzes. If your Note analyzes a legal problem and a professor publishes an Article that analyzes the same problem, your Note has almost certainly been preempted. Even if you propose Solution G and the professor proposes Solution M, people will be unlikely to use or cite your Note because it is written by a student, and a professor’s work is available. In this case, the legal problem that your Note analyzes has been thoroughly analyzed elsewhere. If your Note analyzes a legal problem and another law student publishes a Note that analyzes the same problem, your Note has almost certainly been preempted. In this case, the legal problem that your Note analyzes has been thoroughly analyzed elsewhere. Whether a Note has been preempted is not always clear. If the Note & Comment Department believes that the question is close, we will decide as a department whether a Note has been preempted. A Note author may appeal the department’s decision to the Editor in Chief (“EIC”), whose decision will be final. Where a writer’s Note is preempted very late in the Note-writing process (i.e. within a couple weeks of the final draft deadline, or after you have already submitted your final draft), the Note & Comment Department may, in its discretion, provide the preempted writer an opportunity to “write around” the preemption to remain in consideration for publication. 2. How To Check for Preemption You should keep an eye out for preemption soon after a topic has begun to engage your serious interest. You do not want to invest too much time researching and writing about a topic already covered by someone else whose work you are merely replicating. Even after you have chosen a topic, preemption continues to be a threat when you are writing your Note, and if your Note is selected, when you are revising your Note in preparation for publication. It is possible that you will write a Note, be selected for publication, and slave over your revisions—only to discover at the last minute that your Note has been preempted. Note authors can often “write around” preemption—but it usually requires a lot of work. The preempted author would most likely have to change the Note’s focus and spill a lot of ink distinguishing the preemptive authority. Checking for preemption entails a meticulous survey of the pertinent legal or specialized literature to determine whether someone else has already published your Note topic and your treatment of your Note topic. You must do more than just survey some of the pertinent law or law-related scholarly literature that deals with your topic; you must locate and scrutinize all of it. There are four key areas to check: • Law periodicals: You can access Wilson’s Guide to Legal Periodicals via InfoHawk in the library. • Full-text databases: Check Lexis, Westlaw, HeinOnline, and JSTOR. Do not rely only on Lexis and Westlaw. Remember to set up alerts on Lexis and Westlaw for your searches. Even after you have done all the background research on your topic, you will want to stay on top of all the developments in the field. On Lexis, after you have run your search, click on the “Save as Alert” 25 link at the top of the results page (next to the “Show Hits” link). On Westlaw, click on the “Alert Center” link, and click on the “Create” link along the “WestClip” bar. • Soon-to-be published scholarship: Check the SSRN abstract database (go to “ssrn.com” and hit the “search” button on the top toolbar) to stay on top of new scholarship in your area. You do not want to devote time or effort to a topic that may be resolved before you finish your work. • Google and http://scholar.google.com. 3. Why Preemption Matters to You You do not want to devote time and effort to a topic that someone else has already examined exhaustively. You will not add anything to the scholarly literature on such a topic and people will be unlikely to cite your work. Worse yet, knowledgeable readers will presume your research was not thorough enough to notice and acknowledge that someone else had already covered your very topic. Especially if you publish in the Iowa Law Review, this ignorance of the prior literature would be a huge embarrassment, a sign of academic negligence. For your Note to be convincing and reputable, it must leave no stone unturned. You should monitor the legal world for preemption threats throughout the Note-writing process, and you should treat seriously the preemption checks that we ask you to submit at deadlines. Finally, remember that any Note & Comment Editor is happy to answer questions about preemption at any point in the process. IV. RESEARCH After receiving approval for your topic, you should begin more thorough research. The following methods will help you be more successful in surveying the relevant law and preparing to write: Read Relevant Material. Begin by reading law-review and journal articles on the issue and relevant cases. Isolate all issues and make a list of broad descriptive phrases applicable to each isolated issue. For instance, topic phrases for a problem concerning contract rescission for mistake include, among others: "contracts," "rescission," "mistake," "remedies," and "sales." You should identify several topic phrases. Skim Additional Resources. Read relevant Am. Jur. and C.J.S. sections. Do not rely on cases they cite. Frequently they are not reliable for the most noteworthy topics. Read the leading hornbooks and treatises in the area for a general introduction. Shepardize Leading Cases. Read the pertinent cases. If you are dealing with statutory material, be sure to Shepardize the statute by checking for amendments to the statute in all supplements to the code. Consult the Decennial Digests. Often the West edition of the leading case will provide the relevant key number to get into the Digests. However, do not rely on one key number. Run through the entire list of topic phrases in the key number index and then read all cases you have found. Check the ALR. Look up the topic phrases in the index to the ALR and find the relevant annotations. Shepards often provides relevant ALR cites. Each individual develops his or her own research procedures. The main trick is to organize for yourself, early in the process, a method for gathering and tracking your research material. The following are some ideas on how to stay organized during the research process: 26 • Take notes on the cases and articles you read and highlight the parts you are thinking about using. Always indicate page numbers in your notes—it is extremely frustrating to think, “I read something two days ago that would back this up perfectly,” and not be able to track down where that something is located. • Keep track of which sources you have looked at—it will save you a lot of time. One way is to keep a source list for yourself, writing down sources you want to check out and then checking them off as you go. • Photocopy anything that is hard to find. You do not want to have to look for it twice. • Organize your materials in a way that makes later reference easy. Keeping sources in one place will help you immensely as you write the draft. • Keep track of the latest developments. If there is a certain statute, case, or article that anyone writing on your topic would need to quote from, then enter that statute or case or article citation into Westlaw’s KeyCite Alert program or Lexis’s ECLIPSE. After you KeyCite or ECLIPSE a source, you will receive weekly e-mail updates of all works citing to your source that have been published within the past week. This way you can receive updates of any new cases or law review pieces relevant to your Note. • Do not throw anything away, especially any notes you take from sources you have used. Keep a folder or binder for seemingly useless items—you may find that you need them in the future as your topic develops or if you are selected for publication, you will need to access your sources for the Authority Check. Keep the following questions in mind as you research: • • • • • • • • • • • • • • • • V. What is the legal issue, case, or statute that you are addressing? What is the factual background for this issue? How will you analyze the topic? What legal doctrines or structures will be applied to the issue(s)? Are there any alternative rules or policies, and any economic, social, or political analyses that might clarify or resolve the issue? Where will be the tough spots? What else do you need to know? What is the point of your piece? What is your proposed resolution of the issue(s) involved? What is the basis of your authority? Are there any splits of authority, disagreements among major text writers, and pertinent lines of analogous authorities? What will be your main authorities? How does your Note fit into the existing pattern of authority? Does it follow a new trend in the law? Does it support one of several splits? Is it a case of first impression in the jurisdiction? Does it follow or override precedent? Is it in any way peculiar or controversial? WRITING MECHANICS A. REFERENCE GUIDE 27 Before you begin writing, you should become familiar with several reference guides. As you write, you should consult these guides whenever necessary. Your citation form should follow Bluebook: A Uniform System of Citation (19th ed. 2010). You must own your own copy of The Bluebook, and The Redbook: A Manual on Legal Style by Bryan A. Garner, a useful and convenient reference guide for questions of grammar, usage, and style. B. STYLE You should read several published student Notes in order to become familiar with Law Review writing style. They will also provide good examples of what the Note & Comment staff considers when selecting Notes for publication. The form of these pieces remains fairly consistent, though their subject matter varies. For example, most propositions require primary authority, so you should place citations at the end of most sentences. Also, propositions should use active voice. Citations should conform with Bluebook form. Pay close attention to footnote form in these Notes. Looking at their footnote form will help you use proper footnotes in your own Note. The following are some general rules regarding style: • Active Voice: You write using an active voice. Because passive voice does not identify the actor, it tends to be less persuasive and more difficult to understand. Writers use passive voice when they construct forms of the verb “to be” and the past participle of the principal verb. Here is an example: o Passive voice: The possible effects of a new law should be considered carefully. (By whom?) o Active voice: The legislature should carefully consider the effects of a new law. • Legalese: Legalese is writing that contains long words and Latin phrases. You should not use excessive legalese. Some examples of legalese to avoid are: wherefore, theretofore, aforementioned, whereas, ergo, herein, and qua. The overuse of “such” is also an example of legalese. • Quotations: Law Review writers commonly overuse quotations, particularly in the text. You can ordinarily state the intended point more clearly using your own words. Occasionally, quotations are proper in the text when the precise language of a test or precedent is at issue. However, you should confine quotations to the footnotes in most cases. In endnotes, you should avoid quotations that merely repeat a point made in the text. • Personal Opinions: The Editorial Board carefully studies writers’ statements of personal opinion. The Board maintains a policy of publishing articles only if the writer’s personal opinion involves a question on which reasonable minds may disagree and thorough research and sound reasoning support the writer’s personal opinions. Generally, it is best to support any personal opinion with existing authority. • Paragraph Structure: Paragraphs should begin with a topic sentence that identifies the main idea of the paragraph. The sentences in the paragraph should explain the main idea and the reasoning that supports the main idea. The final sentence should sum up or draw a conclusion. Your paragraphs should be at least three sentences long. A paragraph more than a page long probably covers too much and should be broken into two or more paragraphs containing different ideas. Each of your paragraphs should contain its own internal structure and present one thought. • Transitions: Transitional sentences help your piece flow smoothly. Each section of your piece should flow smoothly into the next with a transitional sentence that logically raises the idea you will discuss next. At the end of each section, briefly summarize the ideas presented in that part. This summary will function as a transition to the next part of your piece. 28 o You should use transitional sentences and not merely transitions. Transitional sentences are sentences that summarize a substantive idea, and transitions are words or short phrases attached to or near the start of sentences. Although transitional words or phrases make your piece flow smoothly, you should beware of overusing them. A piece that begins every sentence with “moreover,” “also,” “furthermore,” or “in addition” makes the writer appear to be relying on cheap rhetorical tricks rather than a rigorous organization of ideas. • Level of Discourse: Writers often assume the prospective reader knows as much about the subject and understands it as well as they do. You should write with such clarity that a beginning law student could understand the subject. At the same time, however, you should write in a learned manner that legal scholars will respect and appreciate. • Clichés and Colloquialisms: Writers should not use clichés or colloquialisms. This includes the title, text, and footnotes. • Case Discussion: You should avoid case-by-case discussion. If you only identify the facts and holdings of a series of cases, you only will give your reader a bibliography. You should synthesize cases and draw conclusions based on similarities and distinctions. Use the following guidelines to determine how to treat cases in your text: o If the case is not important to your analysis, cite the case name in an endnote, but do not cite the case name in the text. o If the case is somewhat important to your analysis, cite the case name in the text and place the case facts and discussion in an endnote. o If the specific facts of a case are vital to your analysis, you may cite the case name and discuss the facts in the text. o If you must discuss more than the facts of a case in the text, give a brief factual and procedural background of the case before you discuss the case holding. • Gender-Based Nouns and Pronouns: The Iowa Law Review promotes the use of gender-neutral language whenever it is feasible. Try to write your sentences so that you will not have to use gender-based nouns and pronouns. • Primary Authority: You will discover that your editors constantly demand “primary authority.” Primary authority is case law or statutes and includes session-law roots and legislative history. Secondary authority includes books, law review articles, and magazine articles. Where possible, you should cite first to primary authority and then to secondary authority as additional support. C. SUPPORTING AUTHORITY An important objective of your Iowa Law Review writing is to use supporting authority correctly. You can accomplish this objective by citing, in an endnote, the authorities that support a statement you have made in the text. Generally, every conclusory, factual, and analytical statement requires supporting authority in an endnote, even if the statement is only a citation to a discussion of the subject elsewhere in your text. One cautionary note: be sure that the authority cited actually supports the textual statement. Dicta: You should learn to distinguish between dicta and the holding in a case. A holding is the court's disposition of the issues presented. Dictum is a statement of law not essential to the holding in a case, although dictum may be significant or deserving of critical analysis. For example, dictum may foreshadow a court's future course of action. Nevertheless, you should make the distinction between a holding and dicta carefully. Courts can disregard dictum at will, but the jurisprudential commitment to stare decisis dictates that courts consider holdings more gravely, at least in theory. 29 Subsequent History: Another extremely important aspect of the correct use of supporting authority is the assurance that is still viable. Carefully Shepardize every decision and statute you have cited through the latest pamphlet supplement. Be certain that no case has been reversed, overruled, or so distinguished that it is destroyed. Include any subsequent history of a case as part of the citation. Quality: Writers often wonder how much authority is necessary to support propositions in the text. The answer depends to a great extent on the quality of the authorities cited. For example, if a recent United States Supreme Court decision clearly controls a point of law cited in the text, that decision alone can support the statement. On the other hand, you may want to cite authority necessary to support the statement you have made in the text and also cite a number of additional primary and secondary sources. Citing these additional sources will help readers interested in doing additional reading on the proposition. If the authority is of lesser quality, cite several cases if possible. If you have abundant authority for a statement but sufficient authority to the contrary exists to cast some doubt on the proposition, cite authority on both sides of the issue. You should not overlook the use of secondary authorities, particularly when a preliminary or tangential point is not developed fully in the piece. Using secondary authorities directs the reader to a more detailed discussion and a more extensive collection of authorities, even though it would not be practical to treat the matter thoroughly in the piece itself. As a general rule, you should not support your writing with citations to A.L.R., Am. Jur, or C.J.S. These authorities do not purport to present the precise and accurate treatment of issues that is expected in Law Review writing. Nevertheless, you may use ALR as a collateral citation (along with the state and regional report citation) if the entire case has been reported and annotated. In addition, ALR, Am. Jur, or C.J.S. citations sometimes are allowed for massive listings of cases on a given point. D. ENDNOTES Endnotes may serve any of the following purposes: • Citation to and discussion of authorities supporting the statement made in the text (citation and discussion always comes first in an endnote containing both citation of authority and discussion of collateral matters); • Explanation of the rationale of a statement of law contained in the text (often this explanation is placed in the text, but you may find it more appropriate to place it in an endnote instead); • Historical review of or background on a point of law or statement contained in the text, or other matters of law or analysis that may be useful in explaining the text material (you also may place this information in the body of the article); • Various analyses of or questions regarding the authorities, rules of law, or reasoning of the court regarding the rule discussed in the text; • Discussion or allusion to sources containing a more exhaustive treatment of collateral matters (sometimes you may want to briefly discuss these matters and provide further citations so that those interested in the matter can follow up). Note that endnotes are not just places to deposit all extra items of information you have collected. Endnotes should be useful to the piece, yet not essential to the text. Following are some tips about using endnotes: 30 • Use parentheticals frequently. Tell the reader you are citing a dissent or concurrence and who authored the dissent or concurrence. Also, indicate whether it is holding or dicta and explain what is important about this cite. • Use more authority than you initially think is necessary. Also, use authority from different types of sources. You often may find it helpful to survey other states or federal jurisdictions to point out trends or controversies. • Make your endnotes technically correct and complete as you go. Endnotes normally cannot be done one or two days before a deadline. Good or bad technical form will have a lot to do with how good your final copy turns out. All endnote citations in student Notes must conform to The Bluebook. The Bluebook covers nearly all citations, so consult it and the Volume 100 Stylistic Conventions regularly. Discuss citation form difficulties with a Managing Editor. See the discussion of The Bluebook in the Publication Component section of this Manual. VI. TECHNICAL REQUIREMENTS Your work must conform to the individual guidelines for each assignment. Consult the checklists in the Quick Reference Section for each assignment for specific requirements. Furthermore, unless otherwise stated, your submitted work must conform to the requirements listed below. Any substantial deviation from the technical requirements will result in a strike. • Do not print on both sides of the page. • Do not staple your pages; use a binder clip instead. • Use Times New Roman 12-point font. • Leave only one space after all periods and colons. • Double-space all pages of text so that there are twenty-two or twenty-three lines per page. You should also double-space all endnotes. It is important that you properly space your endnotes. The addition of even one extra line between every endnote would add significantly to the length of a publication draft. Inserting extra spaces between endnotes could therefore result in a strike. • Provide one-inch margins on each side for text and endnotes. • Number pages on the upper right corner. The endnotes should be paginated separately from the text, beginning with page one again. See the Word Processing Tips below for instructions on how to paginate the endnotes separately from the body of the Note. Each Note tends to have its own unique structure. You must divide your Note into topic headings in order to structure the development of ideas and organize the reader's thinking. The following rules apply for formatting headings: • In all headings, capitalize the initial word and all other words except articles, conjunctions, and prepositions of four letters or less. • Place a period after the part or section number or letter that precedes the heading unless that number or letter is enclosed in parentheses. 31 • Be careful that your use of headings and subheadings do not slow the flow of your argument. • Be sure that you do not use headings as the sole method of transition. You should include transitional sentences or paragraphs at the beginning of each new heading. If you would like to see what your Note should look like, your Note & Comment Editor can provide you with an example to give you an idea of the format, organization, and overall appearance of a student Note. VII. PLAGIARISM Plagiarism will not be tolerated in Iowa Law Review writing. The Iowa Law Review holds copyrights to all of its published works. The Editor in Chief and Executive Editor give others written permission to reprint pieces published in the Iowa Law Review. Therefore, you must cite or quote every idea that is taken from another source. According to one scholar, "[T]here are two kinds of plagiarism: Conscious and Unconscious.” Maurice Salzman, PLAGIARISM: THE ART OF STEALING LITERARY MATERIAL 28 (1931). Unconscious plagiarism is when “the subconscious mind of the author has retained what [the author’s] conscious mind had read, or heard, and had forgotten.” Id. Salzman defines a conscious plagiarist as an author who “seizes upon the work of less able or even more capable writers, with the intent to improve upon it, or to twist it into yet another expression of the same idea, situation, or plot, intending by alteration’s to hide [the author’s] culpability.” Id. at 29–30. The law deems both types of plagiarism equally offensive. Id. at 28–31. Iowa Law Review concurs with this position. The best rule for writers to follow is: “if in doubt, cite a source.” The Iowa Law Review staff does not expect student pieces to be entirely original. You are not expected to write a treatise on a broad area of law. Even if you were, treatises contain a vast number of sources and references. For your piece, focus on one point of law and let other sources provide the background. The following guidelines will help keep you from plagiarizing: (1) Quote and attribute any statement of three or more words used in a cited source; (2) Cite paraphrased material contained in every sentence regardless of the source; (3) Do not use paraphrasing as a method to circumvent a citation – it is not enough to change the words around when borrowing consecutive sentences from the author; (4) Citations to the correct source do not immunize plagiarized material; (5) Cite paraphrased material even if you must use a series of citations from several consecutive sentences with “id.” cites; (6) If using a source that, in turn, refers to another source, always cite the source you found the information in AND include a parenthetical noting the other source that the source you used relies upon; (7) Always cite if you are in doubt. The rules mentioned above are some of the standards that Iowa Law Review uses to determine whether plagiarism has occurred. These rules are merely a guide as to what Law Review staff will look at when reviewing pieces to determine the appropriateness of citation format. Plagiarism is not only a violation of Iowa Law Review membership rules, it is a violation of § 202 of the University of Iowa College of Law Academic Rules and Practices Policy on Misconduct. Accordingly, Iowa Law Review will notify the Dean’s office of academic misconduct. 32 A PPENDIX A: C HECKLISTS FOR T ECHNICAL R EQUIREMENTS The requirements listed below will govern the form of the writing you will hand in to the Note & Comment Staff. Each requirement must be strictly observed and failure to do so will result in the issuance of a strike. If you have any questions regarding these requirements, please consult a member of the Note & Comment Staff. These lists have been specifically designed for use before each deadline, and there is a separate checklist for each. (Please note, that the substance of your work will also be evaluated. Complying with these requirements alone does not guarantee that your Note will not receive a strike for poor substantive quality.) OUTLINE & BACKGROUND SECTION DEADLINE, Thursday, Oct. 9, 2014: Outline Substantive Requirements ! 2 pages of text (minimum) – the text must go through the last line of the page Background Substantive Requirements ! 5 pages of text (minimum) – the text must go through the last line of the page ! 5 pages of endnotes (minimum) – the text must go through the last line of the page ! Ensure internal cross-references are accurate Typeface Requirements (Note: These requirements apply to all the text in the entire document) ! Font: Times New Roman ! Font Size: 12 point Formatting ! Left and Right Margins: 1 inch ! Top and Bottom Margins: 1 inch ! Text is double-spaced ! Double-space endnotes ! Headings within text are not double-spaced ! Number pages in 12 point Times New Roman font in the upper right hand corner ! Number endnote pages separately ! Number endnotes numerically with Arabic numerals (1, 2, 3, etc.) ! Start endnotes on a new page after end of text ! Leave one space after all colons and punctuation at the end of a sentence Iowa Law Review Conventions for Student Pieces: ! Pincites used with all signals except “see generally” ! All signals require a parenthetical ! Use of “see, e.g.,” requires a minimum of three cites with parenthetical ! Do not use parallel citations for state cases ! Use short citation forms only if the full citation has appeared within the previous 5 endnotes 33 FIRST DRAFT DEADLINE, Monday, November 10, 2014: Substantive Requirements ! Title Page (does not count towards the minimum page requirements) ! Title ! Name ! Single-spaced summary of thesis (limited to ½-page) ! Table of Contents (including every major heading and subheading, with corresponding page numbers) ! 20 pages of text (minimum) – the text must go through the last line of the page ! 20 pages of endnotes (minimum) – the text must go through the last line of the page ! Ensure internal cross-references are accurate ! Bind pages with a binder clip. Do not staple ! Submit two copies of your first draft Typeface Requirements (Note: These requirements apply to all the text in the entire document) ! Font: Times New Roman ! Font Size: 12 point Formatting Requirements ! Left and Right Margins: 1 inch ! Top and Bottom Margins: 1 inch ! Text is double-spaced ! Headings within text are not double-spaced ! Double-space endnotes ! Number pages in 12 point Times New Roman font in the upper right hand corner ! Number endnote pages separately ! Number endnotes numerically with Arabic numerals (1, 2, 3, etc.) ! Start endnotes on a new page after end of text ! Leave one space after all colons and punctuation at the end of a sentence Iowa Law Review Conventions for Student Pieces: ! Pincites used with all signals except “see generally” ! All signals require a parenthetical ! Use of “see, e.g.,” requires a minimum of three cites with parenthetical ! Do not use parallel citations for state cases ! Use short citation forms only if the full citation has appeared within the previous 5 endnotes If you encounter problems renumbering pages, getting the right font for page numbers, updating internal cross-references, or adhering to any of the other technical requirements, please talk to your Note & Comment Editor or the Senior Note & Comment Editor. Strikes will be issued in the writing component for failure to meet any substantive requirement and substantial deviations from technical requirements. 34 FINAL DRAFT DEADLINE, Thursday, February 5, 2015: Substantive Requirements ! Title Page (does not count towards the minimum page requirements) ! Title ! Name ! Single-spaced summary of thesis (limited to ½-page) ! Table of Contents (including every major heading and subheading, with corresponding page numbers) ! 20 pages of text (minimum) – the text must go through the last line of the page ! 20 pages of endnotes (minimum) – the text must go through the last line of the page ! Ensure internal cross-references are accurate ! Bind pages with a binder clip. Do not staple ! Submit three hard copies; one email copy; and one Turnitin.com copy of your final draft Typeface Requirements (Note: These requirements apply to all the text in the entire document) ! Font: Times New Roman ! Font Size: 12 point Formatting Requirements ! Left and Right Margins: 1 inch ! Top and Bottom Margins: 1 inch ! Text is double-spaced ! Headings within text are not double-spaced ! Double-space endnotes ! Number pages in 12 point Times New Roman font in the upper right hand corner ! Number endnote pages separately ! Number endnotes numerically with Arabic numerals (1, 2, 3, etc.) ! Start endnotes on a new page after end of text ! Leave one space after all colons and punctuation at the end of a sentence Iowa Law Review Conventions for Student Pieces: ! Pincites used with all signals except “see generally” ! All signals require a parenthetical ! Use of “see, e.g.,” requires a minimum of three cites with parenthetical ! Do not use parallel citations for state cases unless required by the Bluebook ! Use short citation forms only if the full citation has appeared within the previous 5 endnotes If you encounter problems renumbering pages, getting the right font for page numbers, updating internal cross-references, or adhering to any of the other technical requirements, please talk to your Note & Comment Editor or the Senior Note & Comment Editor. Strikes will be issued in the writing component for substantial deviations from technical requirements. 35 A PPENDIX B: W ORD P ROCESSING T IPS I. FREQUENTLY ASKED QUESTIONS ABOUT MICROSOFT WORD A. HOW DO I ADD PAGE NUMBERS & AVOID NUMBERING MY TITLE PAGE? MAC USERS • Click “Insert” at the top of the screen. • Select “Page Number” in the “Insert” menu ribbon. • Select “Top of Page (Header)” for “Position.” • Select “Right” under “Alignment.” • Uncheck the box that reads “Show number on first page.” • Click “Format.” • Under the “Page Numbering” heading, click the button next to “Start at:” and enter “0” in the box. This will ensure that the pages after your title page will begin at “1” instead of “2.” PC USERS • Click “Insert” at the top of the screen. • Select “Page Number” on the “Insert” menu that appears at the top screen. • Hover the cursor over “Top of Page,” then select “Plain Number 3” to position page numbers in the top right corner of the page. • After Word inserts the page number, a new menu will appear at the top of the screen called “Header & Footer Tools.” In the “Options” section of this menu, click the check-box next to “Different First Page.” This should remove the page number from the first page of your document. • Click the body of your document to return to the “Home” menu options at the top of your screen. Click “Insert” again, then “Page Number,” then “Format Page Numbers.” • In the “Format Page Numbers” box that appears, under “Page numbering,” click “Start at:” and change the number box to “0.” This will ensure that Word treats your title page as page 0 and will start the page numbering at page 1 instead of page 2. B. HOW DO I ADD FOOTNOTES OR ENDNOTES? MAC USERS • Make sure the cursor is in the position within your text where you want to insert the footnote or endnote number. • Click “Document Elements” on the menu bar. • Select either “Footnote” or “Endnote” from the “Citations” section within the “Document Elements” menu. • To convert your endnotes to footnotes or vice versa, click “Insert” at the top of the screen and select “Footnote” from the menu ribbon. • Click the “Convert” button found underneath the “Location” section of the “Footnote and Endnote” box that appears. • Select “Convert all endnotes to footnotes” or “Convert all footnotes to endnotes.” Click “OK.” PC USERS • Make sure the cursor is in the position within your text where you want to insert the footnote or endnote number. • Click “References” at the top of the screen. 36 • • • • Click “Insert Footnote” or “Insert Endnote” in the “Footnotes” section of the “References” menu that appears at the top of the screen. To convert your endnotes to footnotes or vice versa, click on the button to the right of the word “Footnotes” that marks the “Footnotes” section of the “References” menu. In the “Footnote and Endnote” box that appears, click the “Convert” button found under the “Location” section. Select “Convert all endnotes to footnotes” or “Convert all footnotes to endnotes.” Click “OK.” You can quickly jump back and forth in the document between the text and endnotes by double clicking on the endnote number. Also, if you hold the cursor over the endnote number in the text for a few seconds, the substance of the endnote will appear in a text box. This is convenient because it allows you to view the endnotes without constantly having to move back and forth in the document. C. HOW DO I CHANGE THE FONT AND SIZE OF MY ENDNOTES OR FOOTNOTES? MAC USERS • Click on the text in one of your footnotes or endnotes. • Press [ Command + A ] to select all of the footnote or endnote text. • Click “Home” on the menu bar and select 12 on the numbered dropdown box under the “Font” options. Select “Times New Roman” on the font dropdown box under the “Font” options. PC USERS • Click on the text in one of your footnotes or endnotes. • Press [ Ctrl + A ] to select all of the footnote or endnote text. • Click “Home” on the menu bar and select 12 on the numbered dropdown box in the “Font” section. Select “Times New Roman” on the font dropdown box in the “Font” section. D. HOW DO I NUMBER THE ENDNOTE PAGES SEPARATELY? MAC USERS • Move the cursor to the end of the above-the-line text. Click “Document Elements” on the menu bar. • Click on the “Break” dropdown box under “Insert Pages.” • Select “Next Page” under “Section Breaks” in the dropdown menu that appears. • Ensure your cursor is on the page where the endnotes now begin. Position it above the line where the endnotes begin (while still remaining on that page). • Click “Insert” at the top of the screen. • Select “Page Number” in the “Insert” menu ribbon. • Select “Top of Page (Header)” for “Position.” • Select “Right” under “Alignment.” • Ensure that the “Show number on first page” box IS checked. Since there is no title page for your endnotes, you will want to ensure the first page is numbered. • Click on the “Format” button. • Click on the button next to “Start at:” and enter “1” into the box next to that option. PC USERS • Move the cursor to the end of the above-the-line text. Click “Insert” at the top of the screen. • Click on “Page Break” in the “Pages” section of the “Insert” menu that appears. • Click on the top of the page where your endnotes now begin. This should bring up the “Header & Footer Tools” menu. • Under the “Navigation” section of the menu, click on “Link to Previous” so that the option becomes shaded and inactive. This should unlink the page numbering from the body of your Note from the endnotes to your Note. 37 • • • • Click “Page Number” in the “Header & Footer” section of the “Header & Footer Tools” menu. Hover your cursor over “Top of Page” and select “Plain Number 3” to position your page numbers in the upper right hand of the page. Click “Page Number” again and select “Format Page Numbers.” Change the “Start at” option to “1” to begin your endnote numbering with “1” (since there is no title page to avoid numbering). E. WHAT THE HECK IS AN INTERNAL CROSS-REFERENCE? Internal cross-references are parts of a document that refer the reader to another part of the document. In law review articles cross-referencing is commonly used in the endnote section. For example, endnotes like See supra note 2 or See Part III.A contain cross-references (the “2" and the “III.A”). The great thing about cross-referencing is that when you edit your piece by adding and subtracting endnotes, the crossreferences will automatically adapt to the changes. If done correctly, cross-referencing will save you hours of time manually correcting supras and infras each time you edit your note. F. HOW DO I CREATE INTERNAL CROSS-REFERENCES? MAC USERS • Move your cursor into the place where you want the cross-reference to appear. Click “Insert” at the top of the screen. • Select “Cross Reference” in the “Insert” menu ribbon. • If you are trying to cross-reference to an endnote number, under the heading “Reference Type” select “Endnote.” • Under the heading “Insert Reference to” select “Endnote number.” • Under the heading “For which Endnote,” select the endnote that you wish to cross-reference in your cursor’s location. • Click “Insert.” • The cross-reference to the endnote should appear correctly. • If you are trying to cross-reference to a section of your Note, under the heading “Reference Type” select “Heading.” • Under the heading “Insert Reference to” select “Heading Text.” • Click “Insert.” • Next, manually delete the text leaving only the Heading Number. • When cross-references are programmed, the document will update the cross-references whenever any endnotes or sections are added the document. PC USERS • Move your cursor into the place where you want the cross-reference to appear. Click “References” at the top of your screen. • On the “References” menu that now appears, click “Cross-reference” under the “Captions” section. • If you are trying to cross-reference to an endnote number, under the heading “Reference Type” select “Endnote.” • Under the heading “Insert Reference to” select “Endnote number.” • Under the heading “For which Endnote,” select the endnote that you wish to cross-reference in your cursor’s location. • Click “Insert.” • The cross-reference to the endnote should appear correctly. • If you are trying to cross-reference to a section of your Note, under the heading “Reference Type” select “Heading.” Alternatively, if you formatted your sections as numbered lists, select “Numbered Item” under “Reference Type” 38 For Headings: under the heading “Insert Reference to” select “Heading Text.” For Numbered Items: under the heading “Insert Reference to” select “Paragraph Number.” • Click “Insert.” • For Headings: manually delete the text from your section title, leaving only the section number. For Numbered Items: only the numbered item designating the section number should remain. When cross-references are programmed, the document will update the cross-references whenever any endnotes or sections are added the document. • • G. HOW DO I GET THE DOTS TO LINE UP CORRECTLY ON MY TITLE PAGE? Those dots are called “dot leaders” and this is a skill that comes in handy not only for Law Review but also for briefs and other court documents. MAC USERS • Drag your cursor to highlight the entire selection in which you wish to use dot leaders. • Click “Format” at the top of the screen. • Select “Tabs” on the dropdown menu. • Under the “Tab Stop Position” section, enter the area of the page where you wish the page numbers to appear. With 1-inch margins, you will enter 6.5” into this box to place the page numbers on the far right side of the page. • Under the heading “Alignment” click the circle next to “Right.” • Under the heading “Leader” select “2.” • Click “OK.” • Next, press the Tab button on your keyboard on whatever line you wish to insert the dot leaders. The dot leaders should appear correctly. • Type the page number at the end of the dot leaders. PC USERS • Drag your cursor to highlight the entire selection in which you wish to use dot leaders. • Click the button next to the word “Paragraph” on the “Home” menu at the top of your screen. • In the “Paragraph” menu box that appears, click “Tabs” at the bottom of the box. • Under the “Tab Stop Position” section, enter the area of the page where you wish the page numbers to appear. With 1-inch margins, you will enter 6.5” into this box to place the page numbers on the far right side of the page. • Under the heading “Alignment” click the circle next to “Right.” • Under the heading “Leader” select “2.” • Click “OK.” • Next, press the Tab button on your keyboard on whatever line you wish to insert the dot leaders. The dot leaders should appear correctly. • Type the page number at the end of the dot leaders. II. FREQUENTLY ASKED QUESTIONS ABOUT WORD PERFECT Read the answers regarding Microsoft Word above, as there is some information that applies for both programs. The procedures listed below are those specific to Word Perfect. A. HOW DO I ADD PAGE NUMBERS? • • • Click [ Format ]. Select “Page” and then “Numbering.” Set the “Position” menu bar to “Top Right.” 39 • Set Page Numbering Format to “1," then click “OK.” B. HOW DO I CHANGE THE FONT OF THE PAGE NUMBERS? • • • Click [ Format ]. Select “Page” and then “Numbering.” Click the box that says “Font.” Set Font to Times New Roman and 12-point, then click “OK.” C. HOW DO I ADD ENDNOTES? • • • • Click [ Insert ]. Select “Footnote/Endnote.” Click the “Options” box and select “Endnote Number.” Click the box that says “Create.” D. HOW DO I CHANGE THE FONT OF THE ENDNOTES? • • • • • Click [ Insert ]. Select “Footnote/Endnote.” Click the “Options” box and select “Advanced.” Click the “In Text” box (to format the endnote text). Set the font to Times New Roman and 12-point, then click “OK”. Do the same for the “In Notes” box (to format the endnotes themselves). E. HOW DO I NUMBER THE ENDNOTE PAGES SEPARATELY? • • • • • • • Move the cursor to the end of the text. Click [ Insert ]. Select “New Page” (this should move your endnotes down to a separate page). While the cursor is on that new page click [ Format ]. Select “Page” and then “Numbering.” Click the box that says “Set Value.” Move “Set Page Number” down to “1." Click the option that says “Let number change as pages are added or deleted,” then click “OK.” F. HOW DO I CREATE INTERNAL CROSS-REFERENCES? Cross-referencing is a difficult endeavor in Word Perfect. The process involves creating targets (where you are cross-referencing to) and the references themselves. It may take a while, but eventually you will get accustomed to the procedures. • • • • • • • • • Click [ Tools ]. Select “Reference” and then “Cross-Reference” (a new menu bar should appear). Click the box that says “Reference.” Select “Endnote.” Go to the endnote that you are cross-referencing to (not the one where you want the cross-reference to appear). This will be your Target. Highlight the name of the author or something that will make it easy to remember your target source. Hit Ctrl + C (or Click [ Edit ] and select “Copy”). Click on the text box next to the word “Target.” The name you highlighted should appear in the menu box. Click on the box that says “Mark Target.” Now, go to the footnote where you want the cross-reference to appear and place the cursor in the exact spot where you want the cross-reference. Click the box that says “Mark Reference.” A question mark should appear. 40 • • • • • • Move the cursor up anywhere into the text portion of the piece (don’t ask why). Click the box that says “Generate.” A box will pop up. Click “OK” (if you want to save the additions check the first option). Go back down to footnote and a numbered cross-reference should appear. If you want to want to add a cross-reference to the same target as you used previously, select the target from the “Target” menu. Then move your cursor to the place you want the cross-reference to appear and follow the same procedure described above. After you have added or subtracted endnotes. Go click the “Generate” box and then click on “OK” and this will update your cross-references automatically. G. HOW DO I GET THE DOTS TO LINE UP CORRECTLY ON MY TITLE PAGE? • • • • • Move your cursor to the end of section title where you want the dot leaders to begin. Click [ Format ]. Select “Line.” Select “Flush Right with Dot Leaders.” They should appear. Type in the page number at the end of the dot leaders. 41 A PPENDIX C: U NIVERSITY P OLICIES ( AS OF J ULY 2014) Iowa Law Review follows the University policies set forth below. Complaints of behavior in violation of these policies by any person associated with Iowa Law Review should be directed in the first instance to Kyle Essley, the Editor-in-Chief. Additional University of Iowa policies may be found here: http://www.uiowa.edu/homepage/safety-andsupport/ui-policy-links. I. UNIVERSITY POLICY ON SEXUAL HARASSMENT & CONSENSUAL RELATIONSHIPS Sexual Harassment 4.1 POLICY. a. Policy and Rationale. (1) Sexual harassment subverts the mission of the University and threatens the careers, educational experience, and well-being of students, faculty, and staff. The University will not tolerate sexual harassment, nor will it tolerate unwelcomed behavior of a sexual nature toward members of the University community when that behavior creates an intimidating or hostile environment for employment, education, on-campus living, or participation in a University activity. (2) Sexual harassment is especially serious when an instructor harasses a student or a supervisor harasses a subordinate. In such situations, sexual harassment unfairly exploits the power inherent in an instructor's or supervisor's position. However, while sexual harassment often takes place in situations where there is an abuse of a power differential between the persons involved, the University recognizes that sexual harassment is not limited to such situations. Sexual harassment can occur when a student harasses an instructor, when a subordinate harasses a supervisor, or between persons of the same University status. b. Prohibited conduct. The University of Iowa forbids sexual harassment by any member of the University community. (1) Definition of sexual harassment. For purposes of this policy, "sexual harassment" means persistent, repetitive, or egregious conduct directed at a specific individual or group of individuals that a reasonable person would interpret, in the full context in which the conduct occurs, as harassment of a sexual nature, when: (a) Submission to such conduct is made or threatened to be made explicitly or implicitly a term or condition of employment, education, on-campus living environment, or participation in a University activity; or (b) Submission to or rejection of such conduct is used or threatened to be used as a basis for a decision affecting employment, education, on-campus living environment, or participation in a University activity; or (c) Such conduct has the purpose or effect of unreasonably interfering with work or educational performance, or of creating an intimidating or hostile environment for employment, education, oncampus living, or participation in a University activity. (2) Evidence of sexual harassment. Behavior that may constitute, or be evidence of, prohibited sexual harassment includes, but is not limited to, the following: (a) Physical assault; (b) Direct or implied threats that submission to sexual advances will be a condition of, or that 42 failure to submit to such advances will adversely affect, employment, work status, promotion, grades, letters of recommendation, or participation in a University activity; (c) Direct propositions of a sexual nature or persistent unwelcomed efforts to pursue a romantic or sexual relationship, including subtle pressure for sexual activity, an element of which may be repeated staring; (d) A pattern of unwelcomed sexually explicit gestures, statements, questions, jokes, or anecdotes, whether made physically, orally, in writing, or through electronic media (see also II-19 Acceptable Use of Information Technology Resources); (e) A pattern of unwelcomed conduct involving: (i) Unnecessary touching; (ii) Remarks of a sexual nature about a person's clothing or body; (iii) Remarks relating to sexual activity or speculations concerning previous sexual experience; or (iv) Stalking another person who reasonably perceives the stalker is pursuing a romantic and/or sexual relationship. Stalking of a sexual nature that is directed at a specific person that would cause a reasonable person to feel fear; (f) A display of graphic sexual material (not legitimately related to the subject matter of a course, if one is involved, or to job requirements) in a context where others are not free to avoid the display because of an employment or educational requirement or without surrendering a privilege or opportunity that others may reasonably expect to enjoy in that location. (3) In determining whether alleged conduct constitutes sexual harassment, the investigator will consider all available information and will review the totality of the circumstances, including the context in which the alleged incident(s) occurred. Although repeated incidents generally create a stronger claim of sexual harassment, a single serious incident can be sufficient. Determinations will be made on a case-by-case basis. (4) Expression that constitutes a protected exercise of an individual's free speech rights under the First and Fourteenth Amendments to the United States Constitution shall not be deemed a violation of this policy. (5) Isolated behavior of the kind described in II-4.1b(2) that does not rise to the level of sexual harassment but that, if repeated, could rise to that level, demonstrates insensitivity that may warrant remedial measures. Academic or administrative officers who become aware of such behavior in their areas should counsel those who have engaged in the behavior. Such counsel should include a clear statement that the behavior is not acceptable and should cease, information about the potential consequences if such behavior persists, and a recommendation, as appropriate, to undertake an educational program designed to help the person(s) understand the harm caused by the behavior. c. Definitions of other terms used in this policy: (1) "Academic or administrative officer" includes the following: (a) Collegiate deans (including associate deans and assistant deans), (b) Faculty members with administrative responsibilities at the level of departmental executive officer (DEO) or above, (c) Any staff member whose primary job responsibility is to provide advice regarding a student's academic pursuits or other University-related activities, (d) Any faculty or staff member serving as departmental (or collegiate) director or coordinator of undergraduate or graduate studies, or as a director or coordinator of any departmental, collegiate, or University off-campus academic program (including any study-abroad program), (e) The President, Director of Equal Opportunity and Diversity, Sexual Misconduct Response Coordinator, vice presidents (including assistant and associate vice presidents), and Provost (including assistant and associate provosts), and those persons' designees, (f) Directors and supervisors in an employment context, including faculty and staff who supervise student employees, in relation to matters involving the employees they supervise (other than Department of Public Safety personnel when receiving criminal complaints or reports), and (g) Human resource representatives (including all central University Human Resources staff). (2) "Alleged victim": a person who allegedly has been harassed or subjected to unwelcomed sexual 43 behavior. (3) "Complainant": the person who makes a report or brings a complaint alleging unwelcomed sexual behavior or sexual harassment, who could be an alleged victim, a third party, or an academic or administrative officer of the University. (4) "Graduate assistant": a graduate student employed by the University as a research assistant or teaching assistant. (5) "Human resources representative": an individual designated as a unit's authority on human resource policies and procedures, and all central University Human Resources staff. (6) "Instructor": a person engaged in teaching students or in evaluation or supervision, direct or indirect, of a student's academic work. (7) "Member of the University community": any University student, or faculty or staff member. (8) "Protected interests": University employment, education, on-campus living, or participation in a University activity. (9) "Respondent": a person who has been accused of unwelcomed sexual behavior or sexual harassment. (10) "Specific and credible allegations": allegations that provide factual details such as, but not limited to, time, place, actions, participants, and witnesses. Allegations do not have to be based on firsthand observation of events to be "specific and credible," but direct observation normally results in greater specificity and credibility than indirect knowledge. (11) "Supervisor": a person who has authority either: 1) to undertake or recommend tangible employment decisions (those that significantly change an employee's employment status, such as, but not limited to, hiring, firing, promoting, demoting, reviewing performance, reassigning, and compensation decisions) affecting an employee, or 2) to direct the employee's daily work activities. (12) "Third-party complainant": a person who makes a report or brings a complaint alleging that someone else has been subjected to unwelcomed sexual behavior or sexual harassment. (13) "Stalking" includes but is not limited to: (a) Non-consensual communication including in-person communication, telephone calls, voice messages, text messages, email messages, social networking site postings, instant messages, postings of pictures or information on web sites, written letters, gifts, ordering goods or services, or any other communications that are undesired and/or place another person in fear; (b) Following, pursuing, waiting, or showing up uninvited at a workplace, place of residence, classroom, or other locations frequented by a complainant; (c) Monitoring online activities, surveillance, and other types of observation, whether by physical proximity or electronic means, attempts to gather information about the complainant; (d) Vandalism, including attacks on data and equipment; (e) Direct physical and/or verbal threats against a complainant or a complainant's family, friends, co-workers, and/or classmates including animal abuse; (f) Gathering of information about a complainant from family, friends, co-workers, and/or classmates; (g) Manipulative and controlling behaviors such as threats to harm oneself, or threats to harm someone close to the complainant; (h) Defamation or slander against the complainant, posting false information about the complainant and/or posing as the complainant to post to websites, newsgroups, blogs, or other sites that allow public contributions, encouraging others to harass the complainant; (i) Posing as someone other than oneself to initiate transactions, financial credit, loans, or other contractual agreements; (j) Arranging to meet complainant under false pretenses. 44 4.2 SCOPE OF POLICY. a. Acts by employees or students. The University's prohibition of sexual harassment applies to acts of faculty, other instructors, staff, or students occurring in one or more of the following circumstances: (1) on property owned or controlled by the University or by a student organization; or (2) at any location, including through electronic media such as e-mail or social networking websites, and involving any University faculty, staff, or students, provided that: (a) the incident occurs at a University-sponsored activity or during an event sponsored by an organization affiliated with the University, including a student organization; (b) the accused or the complainant was acting in an official capacity for the University during the incident; (c) the accused or the complainant was conducting University business during the incident; (d) the conduct has the purpose or reasonably foreseeable effect of substantially interfering with the work or educational performance of UI students, faculty, or staff, (e) the conduct creates an intimidating or hostile environment for anyone involved in or seeking to participate in University employment, education, on-campus living, or other University-sponsored activities; or (f) the conduct demonstrates that the individual poses a reasonable threat to campus safety and security. b. Acts by persons other than employees or students. The University will make reasonable efforts to address sexual harassment of its faculty, other instructors, staff, or students by persons participating in University-related programs or activities, conducting business with the University, or visiting the University, even if such persons are not directly affiliated with the University. Reports of sexual harassment by visitors to campus and other persons not directly affiliated with the University should be made to an academic or administrative officer, to the Office of the Sexual Misconduct Response Coordinator, or to the Office of Equal Opportunity and Diversity. c. In addition to being subject to this policy, students who engage in sexual harassment are subject to discipline under the provisions of the Code of Student Life and IV-2 Sexual Misconduct Involving Students. 4.3 REPORTS OR COMPLAINTS. a. Individuals who have experienced unwelcomed sexual behavior are encouraged to report it, even if they are not certain whether a violation of this policy has occurred. (1) Allegations of unwelcomed sexual behavior may be addressed through the informal process set out in II-4.5c of this policy even if no prohibited conduct has occurred. (2) During formal investigations and disciplinary proceedings, the provisions of II-4.1b, including the definition of sexual harassment in that section, will be used to determine whether alleged unwelcomed sexual behavior constitutes sexual harassment in violation of this policy. (3) Substantial weight will be given to the wishes of the alleged victim when determining how to respond to a report or complaint. However, the University may investigate the allegations, even without the alleged victim's consent, if circumstances warrant (such as when the allegations are particularly egregious or there are multiple reports of harassment involving the same person). (4) A report or complaint must state specific and credible allegations of sexual harassment to warrant a formal investigation. There is no time limit for making allegations; however, it may be difficult to substantiate the allegations if they are made after significant time has passed. Therefore, prompt reporting is strongly encouraged. b. Reporting criminal activity. (1) In addition to violating University policy, some forms of sexual harassment may constitute criminal activity. Individuals are encouraged to inform law enforcement authorities about instances of unwelcomed 45 sexual behavior that involve violence, threatening behavior, or physical assault. Individuals are encouraged to contact law enforcement whenever they believe a crime may have been committed. (2) The UI Department of Public Safety (335-5022) should be notified immediately if individuals believe there is a threat of physical harm to themselves, to other members of the University community, or to anyone on University property or attending a University-sanctioned event. c. Reports and complaints concerning sexual harassment of students. (1) Students should make reports or complaints about unwelcomed sexual behavior or sexual harassment to the Office of the Sexual Misconduct Response Coordinator (335-6200). (2) Any member of the University community, or a third party, may also make a report or complaint that a student has been the victim of unwelcomed sexual behavior or sexual harassment by contacting the Office of the Sexual Misconduct Response Coordinator. (3) No University employee is authorized to investigate or resolve allegations of unwelcomed sexual behavior or sexual harassment of a student without the involvement of the Office of the Sexual Misconduct Response Coordinator. (4) Students who would like to discuss their situations in a private environment, and share or seek information about a sexual harassment issue without making a report or complaint should consider utilizing any of the options discussed in IV-2 Sexual Misconduct Involving Students, at IV-2.8 Confidentiality, and in paragraph II-4.3g of this policy. d. Reports and complaints concerning sexual harassment of non-student employees of the University (including any member of the faculty or staff). (1) Employees should make reports or complaints about unwelcomed sexual behavior or sexual harassment to the Office of the Sexual Misconduct Response Coordinator, to the Office of Equal Opportunity and Diversity, or to any academic or administrative officer of the University, as defined in II-4.1c(1). (2) Any member of the University community or a third party may also make a report or complaint that an employee has been the victim of unwelcomed sexual behavior or sexual harassment by contacting the Office of the Sexual Misconduct Response Coordinator, the Office of Equal Opportunity and Diversity, or any academic or administrative officer of the University. (3) No University employee is authorized to investigate or resolve allegations of unwelcomed sexual behavior or sexual harassment of a University employee without the involvement of the Office of the Sexual Misconduct Response Coordinator or the Office of Equal Opportunity and Diversity. (4) Employees who would like to discuss their situations in a private environment, and share or seek information about a sexual harassment issue without making a report of sexual harassment to the University, should consider utilizing any of the options discussed below in paragraph II-4.3g of this policy. e. Any academic or administrative officer of the University who observes sexual harassment or who becomes aware of allegations of unwelcomed sexual behavior or sexual harassment through the report of a complainant (including a third party) shall take the actions described in this section, even if the alleged victim does not wish any action to be taken. (1) In any case in which the alleged victim of the behavior is a student the academic or administrative officer must (a) inform the complainant that certified victim advocacy services are available from the Rape Victim Advocacy Program, and (b) refer the complainant to the Office of the Sexual Misconduct Response Coordinator, and (c) notify the Office of the Sexual Misconduct Response Coordinator of the allegations within two business days. 46 (2) In any case in which the alleged victim is a non-student employee of the University (including any member of the faculty or staff), the academic or administrative officer must (a) inform the complainant of the options available under this policy (i.e., informal resolution or formal investigation) and that certified victim advocacy services are available from the Rape Victim Advocacy Program and, (b) provide notice of the allegations to the Office of the Sexual Misconduct Response Coordinator or the Office of Equal Opportunity and Diversity within two business days, and (c) provide notice of the allegations to the Senior Human Resources Leadership Representative of the unit in which the alleged behavior occurred or, when incidents do not occur within a unit, notify the Senior Human Resources Leadership Representative of the respondent. f. The Office of the Sexual Misconduct Response Coordinator and the Office of Equal Opportunity and Diversity shall share information about reports and complaints, typically within two business days, and shall provide assistance to the academic or administrative officer and the relevant Senior Human Resources Leadership Representative in evaluating the situation and determining an appropriate course of action, even if the alleged victim has requested that no action be taken. g. Anyone (victims or others) who wishes to consult with someone about a specific situation without making a report or complaint, or who wishes simply to learn more about enforcement of the Policy on Sexual Harassment, may contact any of the following offices or organizations: (1) Office of the Ombudsperson (for faculty, other instructors, staff, or students) (2) Faculty and Staff Services/Employee Assistance Program (for faculty or staff) (3) University Counseling Service (for students) (4) Women's Resource and Action Center (for faculty, other instructors, staff, or students) (5) Rape Victim Advocacy Program (certified victim advocates)(for faculty, other instructors, staff, or students) These offices and organizations are exempt from the reporting requirements set forth above in II-4.3e of this policy. In addition, staff in these offices and organizations generally have professional or legal obligations to keep communications with their clients confidential. Faculty and staff in other University offices typically do not have confidentiality obligations and may be required to report allegations as described above in II-4.3e. 4.4 RESOLUTION OF ALLEGATIONS AGAINST STUDENTS. a. Allegations that a student has engaged in unwelcomed sexual behavior or sexual harassment will be handled through the Office of the Dean of Students, in consultation with the Office of the Sexual Misconduct Response Coordinator, and in accordance with this policy, the Code of Student Life, IV-2 Sexual Misconduct Involving Students, and the Student Judicial Procedure. b. The Office of the Sexual Misconduct Response Coordinator is available to advise complainants and alleged victims on the resolution of allegations against students. To the maximum extent possible, the Office of the Sexual Misconduct Response Coordinator and the Office of the Dean of Students shall work together to ensure a coordinated and effective institutional response to reports or complaints alleging that a student has engaged in sexual harassment or unwelcomed sexual behavior. c. At an alleged victim's request, the Office of the Sexual Misconduct Response Coordinator will assist the victim in addressing a situation involving allegations of unwelcomed sexual behavior or sexual harassment against a student without initiating formal disciplinary action against the student respondent. However, the University may conduct a formal investigation of allegations and pursue disciplinary action, even without an alleged victim's consent, if circumstances warrant. d. When responding to allegations against an individual who is both a student and a University employee (including graduate assistants), the University may use the processes set out below in II-4.5 of this policy and/or the Student Sexual Misconduct Judicial Procedures, as it considers appropriate in the circumstances. 47 4.5 RESOLUTION OF ALLEGATIONS AGAINST EMPLOYEES (INCLUDING FACULTY, OTHER INSTRUCTORS, AND STAFF MEMBERS). a. Advice on the use of these procedures. The Office of Equal Opportunity and Diversity and the Office of the Sexual Misconduct Response Coordinator are available to advise complainants and alleged victims on the use of these procedures and to assist persons who receive allegations of unwelcomed sexual behavior or sexual harassment in determining the appropriate response to such allegations. To the maximum extent possible, these offices shall work together to ensure a coordinated and effective institutional response to complaints. b. Options for resolution of allegations against employees. (1) Allegations that an employee (including a faculty member, other instructor, or staff member) has engaged in unwelcomed sexual behavior or sexual harassment may be addressed either through the informal resolution process described in II-4.5c, or through the formal investigation and resolution process described below in II-4.5d through II-4.5g. (2) Limits on the use and scope of informal resolution. (a) Informal resolution may only be used at the request of the alleged victim. If the alleged victim does not request informal resolution, then a report or complaint must be addressed through the processes set out in II-4.5d through II-4.5f. (b) Informal resolution pursuant to II-4.5b may not be used when the allegations involve a report or complaint that the respondent committed sexual assault or engaged in any other form of violent behavior. (c) When allegations are addressed through an informal resolution process, the person(s) alleged to have engaged in unwelcomed sexual behavior or sexual harassment ordinarily will not be informed of the allegations without the consent of the alleged victim unless circumstances require (such as when the allegations are particularly egregious or there are multiple reports of unwelcomed sexual behavior or sexual harassment involving the same person). (d) When allegations are addressed through an informal resolution process, no disciplinary action may be taken against a person, and there will be no record of the allegations in the person's personnel or student disciplinary file, unless the person is notified of the allegations and given an opportunity to respond. (e) Disciplinary action taken against a respondent in response to alleged violations of this policy will be governed by the procedures and rules set out below in II-4.5g. (3) The University may conduct a formal investigation of allegations and pursue disciplinary action, even without an alleged victim's consent and even when the victim prefers informal resolution, if circumstances warrant (such as when the allegations are particularly egregious or there are multiple reports of unwelcomed sexual behavior or sexual harassment involving the same person). c. Informal resolution of allegations of unwelcomed sexual behavior or sexual harassment by an employee. (1) If an alleged victim of unwelcomed sexual behavior or sexual harassment requests that the matter be addressed by informal resolution processes: (a) In addition to taking the steps outlined in II-4.3e above, the academic or administrative officer to whom the victim directs this request will refer the matter to the Senior Human Resources Leadership Representative of the unit in which the alleged behavior occurred. When incidents do not occur within a unit, the matter should be referred to the Senior Human Resources Leadership Representative of the person alleged to have engaged in unwelcomed sexual behavior or sexual harassment. (b) The Senior Human Resources Leadership Representative is responsible for assisting the alleged victim in securing a resolution of the matter. When either the alleged victim or the accused person is a faculty member, the relevant dean or vice president may designate an associate dean to work in consultation with the Senior HR Leadership Representative. The Senior Human Resources Leadership Representative and/or relevant associate dean must promptly inform the Office of 48 Equal Opportunity and Diversity or the Office of the Sexual Misconduct Response Coordinator that an informal resolution is being attempted at the alleged victim's request. (c) Alternatively, at the request of the alleged victim, the academic or administrative officer will refer the matter to the Office of Equal Opportunity and Diversity (EOD) so that the alleged victim may choose either to secure that office's assistance in addressing the situation through informal resolution or to request a formal investigation of the allegations. EOD shall notify the Office of the Sexual Misconduct Response Coordinator if it is assisting in the informal resolution of allegations. (2) The Senior Human Resources Leadership Representative and/or relevant associate dean shall make reasonable efforts to resolve allegations promptly and effectively, giving consideration to the nature of the allegations and the surrounding circumstances. (a) Examples of actions that may be taken to resolve allegations on an informal basis include, but are not limited to: educational intervention directly with the accused individual or in the context of unit-wide communications or discussions; direct or facilitated communications between parties to resolve misunderstandings; agreements regarding future behavior of one or all parties; and nondisciplinary changes in a party's work or educational environment. (b) If there is a supervisory relationship between the complainant and/or victim and the respondent, the appropriate course of action will include development of a plan to avoid any perceived or actual conflict of interest until the complaint is resolved. (c) The Senior Human Resources Leadership Representative and/or associate dean who is assisting in resolving the matter through information resolution shall take appropriate interim action, which may include those actions described in II-4.5h below, to address the alleged behavior and protect the health or safety of the alleged victim, complainant, and/or witnesses. (3) If the Senior Human Resources Leadership Representative and/or associate dean is/are unable to resolve the matter within 21 days of receiving a referral of the allegations, the Senior Human Resources Leadership Representative and/or associate dean will notify the Office of Equal Opportunity and Diversity of the status of the matter and refer the complainant to that office for further assistance. (4) If allegations of unwelcomed sexual behavior or sexual harassment are resolved through informal resolution, a written report must be made after the complaint is resolved using the Office of Equal Opportunity and Diversity Report of Informal Sexual Harassment Complaint Form, which requires disclosure of the employment or student status of the alleged victim(s); the complainant(s) (if other than the alleged victim), and the person(s) accused; the unit(s) with which those persons are affiliated; a summary of the allegations; and a description of the steps taken to resolve the complaint. In order for the University to respond effectively to situations involving a potential pattern of prohibited conduct by the same individual, if the person alleged to have engaged in unwelcomed sexual behavior or sexual harassment was notified of the existence of the allegations and given an opportunity to respond, the Senior Human Resources Leadership Representative and/or associate dean shall provide the names of the parties to the Office of Equal Opportunity and Diversity. If that person was not informed of the allegations or was not given an opportunity to respond, the Senior Human Resources Representative and/or associate dean shall not provide the names of the parties to the Office of Equal Opportunity and Diversity. The Office of Equal Opportunity and Diversity shall provide the Office of the Sexual Misconduct Response Coordinator with information about informal resolutions in order to ensure overall coordination of University efforts to address unwelcomed sexual behavior and sexual harassment. (5) It is the responsibility of the Senior Human Resources Leadership Representative and/or associate dean who facilitates the informal resolution of the allegations to follow up with the parties at a reasonable interval(s) to assess their compliance with the terms of the informal resolution and take appropriate action as warranted based on the parties' level of compliance. d. Formal investigations of allegations against employees. (1) If an alleged victim does not request informal resolution of allegations of unwelcomed sexual behavior or sexual harassment, then allegations of unwelcomed sexual behavior or sexual harassment by a faculty or staff member shall be referred to the Office of Equal Opportunity and Diversity (EOD) for appropriate action. If the complaint states specific and credible allegations of behavior constituting sexual harassment in violation of this policy, then the Office of Equal Opportunity and Diversity will conduct an investigation 49 of the allegations in the complaint pursuant to the procedures set out in this policy. However, if the victim requests that no investigation be conducted, the Office of Equal Opportunity and Diversity will not further investigate the matter unless circumstances require (such as when the allegations are particularly egregious or there are multiple reports of unwelcomed sexual behavior or sexual harassment involving the same person). (2) The Office of Equal Opportunity and Diversity may also conduct an investigation if efforts to resolve the matter through the informal resolution process were unsuccessful, if the terms of an informal resolution were not followed, or if it determines that an investigation is warranted despite an alleged victim's request for informal resolution. (3) The purpose of the investigation is to establish whether there is a reasonable basis for believing that a violation of this policy has occurred. In conducting the investigation, the Office of Equal Opportunity and Diversity will make reasonable efforts to interview the alleged victim, the complainant (if other than the alleged victim), and the respondent, and may interview other persons believed to have pertinent factual knowledge, as well as review any relevant documentary information. At all times, the Office of Equal Opportunity and Diversity will take steps to ensure confidentiality to the extent possible. (4) When the Office of Equal Opportunity and Diversity conducts an investigation, the respondent will be informed of the allegations, the identity of the complainant, and the facts surrounding the allegations. The investigation will afford the respondent an opportunity to respond to the allegations and information provided by the complainant and/or alleged victim, and to provide a statement of the facts as perceived by the respondent. (5) At the conclusion of the investigation, the Office of Equal Opportunity and Diversity will issue a written finding which will summarize the information gathered and state whether or not there is a reasonable basis for believing that a violation of this policy has occurred. (a) The written finding normally will be issued within 45 days of when the complaint was filed. When it is not reasonably possible to issue the finding within that time, the Office of Equal Opportunity and Diversity will notify the alleged victim and the respondent that the finding will be delayed and indicate the reasons for the delay. (b) The alleged victim, the respondent, and the Office of the Sexual Misconduct Response Coordinator will each receive a copy of the written finding, which is to remain confidential as defined below by II-4.5j. (c) Third-party complainants will be notified only that the proceedings are concluded. (6) If the Office of Equal Opportunity and Diversity finds a reasonable basis for believing that a violation of this policy has occurred, the matter will be referred to the appropriate administrator for further consideration as outlined in II-4.5e below. e. Response to finding of the Office of Equal Opportunity and Diversity. (1) In addition to the Office of the Sexual Misconduct Response Coordinator, the following administrators will receive the finding of the Office of Equal Opportunity and Diversity: (a) the Office of the Provost, if the respondent is a faculty member or other instructional personnel (except graduate assistants); (b) the office of the vice president or dean responsible for the unit employing the person charged, if the respondent is a staff member; (c) the Office of the Dean of the Graduate College, if the respondent is a graduate assistant; and (d) the Office of the Dean of Students, in cases in which an employee respondent is also a student (including a graduate assistant). (2) The administrator who receives the finding, as well as the Sexual Misconduct Response Coordinator, will discuss it with the Office of Equal Opportunity and Diversity (EOD) in order to determine, based on EOD's findings and input, appropriate corrective measures and sanctions. (a) If the respondent is a staff member, the administrator will also consult with the Senior Human 50 Resources Leadership Representative in the unit. (b) If the respondent is a faculty member or graduate assistant, the administrator will also consult with the appropriate dean and departmental executive officer. (c) When a respondent staff member, faculty member, or graduate assistant is also a student, the administrator and the Dean of Students will also consult with one another in determining what corrective measures or sanctions should be pursued. (3) The administrator is responsible for implementing corrective measures and sanctions and may institute formal disciplinary action, consistent with University procedures. The administrator must inform the Office of Equal Opportunity and Diversity (EOD), in writing, of the actions that are taken in response to EOD's findings. (4) The administrator who reviews and takes action in response to a finding of the Office of Equal Opportunity and Diversity shall inform the alleged victim when action has been taken. f. Sanctions for violation of the policy. (1) Violations of the Policy on Sexual Harassment may lead to disciplinary sanctions up to and including termination or separation from The University of Iowa. Sanctions for violations of this policy should be commensurate with the nature of the violation and the respondent's disciplinary history. Those who violate this policy should bear the consequences of their actions, even if factors such as substance abuse or personal problems contribute to misconduct. When the offense is serious, it is appropriate to consider separation from the University even in cases of first offense, and even when the respondent experiences remorse and/or did not intend to cause the resulting degree of harm. (2) In addition to other disciplinary action, persons who are found to have violated this policy may be required to participate in group counseling or personal therapy sessions, complete community service, enroll in a specific academic course, attend an educational workshop, and/or make restitution for economic damages caused by their behavior. When the respondent is a faculty or staff member, the Office of Faculty and Staff Services (121-50 University Services Building) is available to assist with locating appropriate resources. (3) It is the responsibility of the appropriate administrator to follow up with the parties at a reasonable interval(s) to assess their compliance with the disciplinary and/or remedial sanctions imposed. More serious sanctions, up to and including termination of employment or separation from the University, may be imposed in the event that the respondent fails to comply with the sanctions initially imposed. g. Formal disciplinary action. Formal disciplinary action taken in response to alleged violations of this policy by: (1) faculty members will be governed by the III-29 Faculty Dispute Procedures and that portion of those procedures dealing with faculty ethics (see III-29.7). (2) staff members will be governed by applicable University policies, including III-16 Ethics and Responsibilities for Staff and the applicable discipline and/or grievance procedures (see III-28 Conflict Management Resources for University Staff and/or relevant collective bargaining agreement); (3) graduate assistants, when dismissal is sought, will be governed by the procedure for dismissal of graduate assistants (see III-12.4). When disciplinary action other than dismissal is taken by the Dean of the Graduate College, a graduate assistant may appeal through any existing contractual grievance procedures; (4) students will be governed by the Student Judicial Procedure, this policy, the Code of Student Life, and IV-2 Sexual Misconduct Involving Students. h. In some cases, an individual may be subject to discipline in multiple capacities (e.g., as a staff member and as a student). In such cases, the relevant administrators will cooperate in determining appropriate sanctions and whether and when to pursue formal disciplinary action. h. Protection of alleged victims, complainants, and others. (1) Alleged victims will be informed of relevant procedural steps taken during the investigation and any 51 interim protective measures taken. An alleged victim may be accompanied by a victim advocate and other support persons during the investigation process if the alleged victim so desires. (2) Throughout the investigation and resolution of a complaint, steps will be taken to protect alleged victims, complainants, witnesses, and others from harm caused by continuation of the alleged harassing behavior. (3) Retaliation against alleged victims, complainants, and/or witnesses who provide information during an investigation pursuant to this policy is prohibited by II-11 Anti-Retaliation. Reasonable action will be taken to assure that alleged victims, complainants, and/or witnesses will suffer no retaliation as the result of their activities with regard to the process. (4) Any retaliation against alleged victims, complainants, or witnesses should be reported to the Office of Equal Opportunity and Diversity for further investigation. Retaliation may result in disciplinary action against the person committing the retaliatory act(s). (5) Steps that may be taken to protect alleged victims, complainants, witnesses, and others from continued harassment and/or retaliation might include: (a) lateral transfers of one or more of the parties in an employment setting and a comparable move if a classroom setting is involved, and (b) arrangements that academic and/or employment evaluations concerning the complainant or others be made by an appropriate individual other than the respondent. (6) In extraordinary circumstances, the Provost, a dean, a DEO, or any vice president may, at any time during or after an investigation of allegations of sexual harassment, suspend or partially restrict from employment any employee accused of sexual harassment if the Provost, dean, DEO, or vice president finds that it is reasonably certain that: (a) the employee engaged in sexual harassment in violation of this policy, and (b) serious and immediate harm will ensue if the person continues his or her employment. Similarly, if the respondent is a student, interim sanctions may be imposed pursuant to Section 10 of the Student Judicial Procedure. i. Protection of respondents. (1) Prohibition against knowingly false allegations. This policy shall not be used to bring knowingly false or malicious allegations of unwelcomed sexual behavior or sexual harassment. Making such allegations may subject the complaining party to remedial and/or disciplinary action up to and including termination or separation from the University. Any such disciplinary action will be initiated by the appropriate administrator overseeing the complainant(s). (2) In the event that allegations are not substantiated, reasonable steps will be taken to restore the reputation of the respondent if it was damaged by the proceeding. The respondent may consult with the Office of Equal Opportunity and Diversity regarding reasonable steps to address such concerns. (3) Confidential resources. Persons who are accused of sexual harassment may discuss their situations privately with counselors at University Counseling Service (for students), with counselors at Faculty and Staff Services/Employee Assistance Program (for faculty or staff), or with staff at the University's Office of the Ombudsperson (faculty, staff, and students). Conversations with University counselors and staff at these offices will not be reported to anyone else in the University except in cases of a threat of imminent physical harm. However, statements made to employees in these offices will not always be legally confidential. When seeking private advice and support from these offices or any University employee, persons should always confirm whether legal confidentiality applies to their communications with the person to whom they are speaking. j. Confidentiality. (1) In order to empower community members to voice concerns and report unwelcomed sexual behavior or 52 sexual harassment, the confidentiality of all parties will be protected to the greatest extent possible. However, confidentiality cannot be guaranteed in all cases, and academic and administrative officers of the university are expected to take some action once they are made aware that unwelcomed sexual behavior or sexual harassment in violation of this policy may be occurring. (2) Anyone (victims or others) who wishes to consult with someone about a specific situation without making a report of unwelcomed sexual behavior or sexual harassment, or who wishes simply to learn more about enforcement of the policy, may contact any of the following offices or organizations: (a) Office of the Ombudsperson (for faculty, other instructors, staff, or students) (b) Faculty and Staff Services/Employee Assistance Program (for faculty or staff) (c) University Counseling Service (for students) (d) Women's Resource and Action Center (for faculty, other instructors, staff, or students) (e) Rape Victim Advocacy Program (certified victim advocates)(for faculty, other instructors, staff, or students) (3) Alleged victims, third-party complainants, and respondents are expected to maintain confidentiality as well. They are not prohibited from discussing the situation outside of the work or educational environment. However, the matter should not be discussed in the work or educational environment. (4) Dissemination of documents relating to reports or complaints of unwelcomed sexual behavior or sexual harassment and/or to the investigation of such reports or complaints, other than as necessary to pursue an appeal, grievance, or other legal or administrative proceeding, is prohibited. (5) Failure to maintain confidentiality by a respondent may be considered to be a form of retaliation in violation of II-4.5h. Failure to maintain confidentiality by any party (alleged victim, third party complainant, or respondent) may result in disciplinary action. 4.6 EDUCATIONAL PROGRAMS. a. Education as a key element of University policy. (1) Educational efforts are essential to the establishment of a campus milieu that is free of sexual harassment. There are at least four goals to be achieved through education: (a) ensuring that alleged victims (and potential victims) are aware of their rights; (b) notifying individuals of conduct that is proscribed; (c) informing administrators about the proper way to address complaints of violations of this policy; and (d) helping educate the community about the problems this policy addresses. (2) Mandatory sexual harassment prevention education. (a) All faculty, staff, and students meeting the following criteria are required to complete an approved course offered by the University on sexual harassment prevention. (i) Faculty: All faculty, any title, who hold at least a 50 percent appointment, (ii) Staff (P&S): All regular staff, employed at least 50 percent or greater time, (iii) Staff (merit): All regular staff, employed at least 50 percent or greater time, (iv) Medical residents and fellows: All who hold at least a 50 percent appointment during the academic year, (v) Postdoctoral scholars/fellows: All who hold at least a 50 percent appointment during the academic year, (vi) Students (graduate/professional): All graduate/professional students who hold a teaching assistantship for a period of one semester or longer, and any other students as determined by the Provost, (vi) Students (undergraduate): University housing resident assistants, and any other students as determined by the Office of the Vice President for Student Life. (b) Current faculty/staff: All current faculty and staff members meeting the criteria set out in 53 paragraph 2(a) above are required to participate in an approved sexual harassment prevention course every three years (i.e., three calendar years from the date of their most recent training), unless more frequent training is required by the employing unit or college. (c) New hires: All faculty and regular staff members, who hold a 50 percent or greater appointment, shall receive sexual harassment prevention education in the first six months of their employment (except for those whose positions fall under the definition of "academic and administrative officers"). Options for satisfying this requirement may include: instructor-led sessions, specifically designated online courses, and/or annual new faculty orientations. (d) Academic and administrative officers (AAOs): All faculty/staff hired into and/or promoted to a position defined by II-4.1c(1) of this policy as an academic/administrative officer (e.g., VP, Dean, DEO, student advisor, supervisor) shall complete an approved sexual harassment prevention course for supervisors within the first two months of their appointment. Academic and administrative officers are responsible for knowing and understanding the contents of this policy and the procedures for processing complaints brought to them pursuant to this policy. (e) The Office of Equal Opportunity and Diversity, in consultation with the Office of the Provost, shall provide centralized oversight and monitoring of compliance with this mandatory sexual harassment prevention education requirement on an annual basis. (3) To achieve the goals set forth in paragraph (1) above, the Office of Equal Opportunity and Diversity offers programs designed to educate the University community about sexual harassment prevention. The Office of Equal Opportunity and Diversity also offers programs designed to inform those whose behavior does not rise to the level of a violation of this policy as defined in II-4.1b, but if repeated could rise to the level of a violation, of the problems they create by their insensitive conduct. Educational programs may be recommended for those described in II-4.1b(5) and may be an element in the resolution of a matter. Educational programs and/or individual training also may be mandated for persons found to have violated this policy. b. Preparation and dissemination of information. The Office of Equal Opportunity and Diversity is charged with distributing information about this policy to all current members of the University community and to all those who join the community in the future. An annual notification from the Office of Equal Opportunity and Diversity is provided to all faculty and staff to remind them of the contents of this policy. Information about this policy will be made available continually at appropriate campus centers and offices and on the University of Iowa website. c. Review of policy. This policy will be reviewed within three years after the latest revisions are implemented and revised as appropriate. This policy is subject to review at any other time deemed necessary by the President, the General Counsel, the Chief Diversity Officer, or the Sexual Misconduct Response Coordinator. CONSENSUAL RELATIONSHIPS INVOLVING STUDENTS 5.1 RATIONALE. The integrity of the University's educational mission is promoted by professionalism that derives from mutual trust and respect in instructor-student relationships. Similarly, the University is committed to the principle of protecting the integrity and objectivity of its staff members in the performance of their University duties. It is therefore fundamental to the University's overall mission that the professional responsibilities of its instructors be carried out in an atmosphere that is free of conflicts of interest that compromise these principles. Romantic and/or sexual relationships where one member of the University community has supervisory or other evaluative responsibility for the other create conflicts of interest and perceptions of undue advantage. There are also special risks in any sexual or romantic relationship between individuals in inherently unequal positions of power (such as teacher and student, supervisor and employee). Such relationships may undermine the real or perceived integrity of the supervision and evaluation provided, and the trust inherent particularly in the instructor-student relationship. They may, moreover, be less consensual than the individual whose position confers power believes. The relationship is likely to be perceived in different ways by each of the parties to it, especially in retrospect. Moreover, such relationships may harm or injure others in the academic or work environment. Relationships in which one party is in a position to review the work or influence the career of the other may provide grounds for 54 complaint when that relationship gives, or creates the appearance of, undue access or advantage to the person involved in the relationship, or when it restricts opportunities or creates a hostile environment for others. Such relationships also have the potential for other adverse consequences, including the filing of charges of sexual harassment and/or retaliation under II-4 Sexual Harassment if, for example, one party to the relationship wishes to terminate the relationship to the other party's objection. In those circumstances when sexual harassment is alleged as the result of a romantic and/or sexual relationship, the existence of the relationship is not a per se violation of the Policy on Sexual Harassment. However, the apparent consensual nature of the relationship is inherently suspect due to the fundamental asymmetry of power in the relationship and it thus may be difficult to establish consent as a defense to such a charge. Even when both parties consented at the outset to a romantic involvement, this past consent does not remove grounds for or preclude a charge or subsequent finding of sexual harassment based upon subsequent unwelcome conduct. Sexual or romantic relationships between a student and a faculty or staff member who functions in an instructional context with the student are prohibited by this policy. Other relationships, such as a relationship between a faculty member and a student in the same department or college but where no instructional context exists, while not prohibited, may present the appearance of a conflict of interest or may run the risk of developing into an actual conflict of interest which would place the relationship in the prohibited category. This policy applies to consensual romantic and/or sexual relationships between individuals of the same sex or of the opposite sex. Regardless of who initiates the relationship, the instructor is responsible for complying with this policy. 5.2 DEFINITIONS. For the purposes of this policy only, the terms set forth below are defined as follows: a. "Instructor" means all those individuals, paid or unpaid, who teach, coach, evaluate, supervise, allocate financial aid to, or guide research by students in the instructional context as defined below, including but not limited to: (1) faculty; (2) graduate students with teaching responsibilities; (3) academic advisors; (4) coaches; (5) residence hall professional staff; and (6) other instructional personnel. b. "Student" means all individuals who receive instruction under the auspices of The University of Iowa, including but not limited to: (1) those who have matriculated into an educational program at the University, whether or not the student is currently enrolled (e.g., students who have matriculated but have not yet registered for classes, students who decide not to enroll for a period of time, and doctoral degree candidates who are not registered); (2) postdoctoral fellows; (3) medical residents; and (4) participants served by internships, practicum experience, outreach, and summer programs and camps. 55 c. "Instructional" or "instructional context" means a context that involves instruction or evaluation or supervision, direct or indirect, of a student's academic work or participation in University programs. These terms also include employment situations where the primary motivation for participation by the employee is instructional. Such situations include, but are not limited to, the employment of medical residents, postdoctoral fellows, teaching assistants, and student research assistants. 5.3 PROHIBITED RELATIONSHIPS -- POLICY STATEMENT. For the foregoing reasons in II-5.1, any romantic and/or sexual relationship between an instructor and a student in an instructional context is prohibited at The University of Iowa. This means that an instructor who is currently instructing, evaluating, or supervising, directly or indirectly, a student's academic work or participation in a University program will not propose or enter into a romantic and/or sexual relationship with the student. Moreover, an instructor who has a pre-existing romantic and/or sexual relationship with a student is prohibited from instructing, evaluating, or supervising, directly or indirectly, his or her partner's academic work or participation in a University program. For definitions of "instructor," "student," and "instructional context," refer to II-5.2 above. This policy applies only to relationships involving students. However, romantic and/or sexual relationships in other contexts -- between faculty members, between faculty and staff, or between staff members, where one person supervises the other -- also may be problematic, and are governed by III-8 Conflict of Interest in Employment (Nepotism). Complaints alleging sexual harassment directed at a student, faculty, or staff member are resolved under II-4 Sexual Harassment. Because the Policy on Sexual Harassment prohibits unwanted behavior of a sexual nature, the scope of the Policy on Sexual Harassment and the scope of this Policy on Consensual Relationships are mutually exclusive. In those cases where a complainant alleges both unwanted behavior of a sexual nature and consensual sexual relations within an instructional context, the two complaints are considered separate allegations and ordinarily are resolved consecutively rather than concurrently, starting with the sexual harassment complaint, which must be investigated under the procedures set forth in the Policy on Sexual Harassment before the consensual relationships complaint is considered. 5.4 EXAMPLES OF PROHIBITED RELATIONSHIPS BETWEEN INSTRUCTORS AND STUDENTS. The following examples are provided for illustrative purposes only. This is not intended to be an exhaustive list of situations in which this policy applies. a. Student B is in a class taught by Professor A. The Policy on Consensual Relationships prohibits a romantic or sexual relationship between these two parties in the instructional context. When the class has concluded and Professor A has submitted the final grades, this policy continues to prohibit Professor A from engaging in a romantic or sexual relationship with Student B, if Professor A continues to instruct, evaluate, or supervise, directly or indirectly, Student B's academic work or participation in a University program. b. Professor A and Student B, a graduate student in Professor A's department, are involved in a romantic relationship. Because they are involved in a romantic relationship, this policy prohibits Professor A from instructing, evaluating, or supervising, directly or indirectly, Student A's academic work or participation in a University program. c. Graduate Student C and Graduate Student D are married and enrolled in the same academic program. This policy prohibits D from enrolling in a class taught by C (as instructor, teaching assistant, or grader) and vice-versa. If C (or D) were to complete his or her graduate program and acquire the status of faculty member (or other instructional personnel) in the same department, this policy would apply as in paragraph b above. d. Graduate Student C has been working in Professor A's research laboratory since C enrolled at The University of Iowa. In order to comply with the Policy on Consensual Relationships, Professor A planned to wait until C had completed the graduate degree program before considering a romantic relationship with C. If Student C were to receive a postdoctorate research appointment, this policy would still prohibit Professor A from becoming involved in a romantic relationship with Student C if Professor A is involved in instructing, evaluating, or supervising, directly or indirectly, Student C's postdoctorate research work or participation in a University program. 56 e. Coach A is romantically attracted to Student B, an athlete (scholarship or walk-on) on the team for which Coach A is an assistant coach. Under this policy, Coach A is considered to be an instructor and is prohibited from engaging in a romantic or sexual relationship with any member of the team coached or otherwise overseen. f. Professor A from Department Z is dating Student B, who is majoring in Department Y. Student B is not enrolled in a course taught by Professor A. However, Student B has applied for a collegiate scholarship that is awarded by a committee on which Professor A is serving. Under this policy, Professor A must self-disclose the relationship to the scholarship committee chair and is prohibited from evaluating Student B's scholarship application. g. Student X, who is enrolled in a course taught by Professor A, schedules a meeting with the DEO of Professor A's department in order to report that Professor A is apparently engaged in a consensual relationship with another student (Student B) in the class. During the interview, Student X tells the DEO that he or she overheard Professor A tell Student B that Professor A would give Student B an "A" grade for the course if Student B agreed to have sexual relations with Professor A. The DEO realizes that the apparent "quid pro quo" fact pattern alleges a violation of the Policy on Sexual Harassment, which takes precedence over the Policy on Consensual Relationships allegations. Thus, according to University policy, the DEO is required to investigate first Student X's complaint under the Policy on Sexual Harassment procedures. Once the sexual harassment complaint is resolved, the consensual relationships allegation is revisited and resolved under the Policy on Consensual Relationships procedures. These examples illustrate the application of this policy, which (as stated in II-5.3 above) applies only to relationships involving students. However, romantic and/or sexual relationships in other contexts may also be problematic and are governed by III-8 Conflict of Interest in Employment. 5.5 PROCEDURES. a. Self-disclosure by instructor. (1) The instructor is expected to make timely notification when an instructional context includes both the instructor and a student with whom the instructor has a romantic and/or sexual relationship. Such notification may be made to any of the following recipients: (a) the neutral supervisor of the instructor; (b) the DEO/director of the department; (c) the dean/vice president of the college/division in which the instructor is employed; or (d) the Office of Equal Opportunity and Diversity. b. Bringing a complaint. (1) A complaint alleging a violation of this policy may be brought by any person, including a third party. (2) In addition, any of the following offices may initiate a complaint: (a) the Office of the Provost of the University (for relationships involving faculty); (b) University Human Resources or (for relationships involving staff); or (c) the Office of Equal Opportunity and Diversity. (3) Complaints alleging a violation of this policy may be made to any of the following recipients: (a) a neutral supervisor of the instructor; (b) the DEO/director of the department; (c) the dean/vice president of the college/division in which the instructor is employed; (d) the Office of the Provost; or (e) the Office of Equal Opportunity and Diversity. c. Resolution of a complaint or a self-disclosure by an instructor. 57 (1) Once a recipient receives a complaint or a self-disclosure, the recipient determines whether the policy applies. The instructor is given an opportunity to respond to the allegation if there is a complaint. (2) If the recipient determines that the policy applies to the particular instructional context, then a neutral supervisor develops a plan for management of the instructional context that ends the evaluative, supervisory and, where possible, the instructional functions causing the conflict. (3) Significant or repeated violations of this policy may result in discipline imposed on the instructor in addition to or in lieu of the management plan. (a) In those cases where the instructor is a faculty member, discipline shall be imposed only after consultation with the Office of the Provost. Such discipline may involve III-29 Faculty Dispute Procedures and the portion of the procedures dealing with faculty ethics (III-29.7). (b) In those cases where the instructor is a staff member, discipline shall be imposed only after consultation with the respective Senior HR Leadership Representative. Such discipline may involve III-16 Ethics and Responsibilities for University Staff, and the applicable discipline and/or grievance procedures (see III-28 and/or relevant collective bargaining agreement). (c) In those cases where the instructor is a graduate assistant, discipline related to their employment shall be imposed by the dean of the employing college and only after consultation with the Office of the Dean of the Graduate College. Discipline related to student status shall be imposed by the Office of the Vice President for Student Services, after consultation with the Office of the Dean of the Graduate College. (4) A statement of the determination of a policy application, a copy of the plan, and a proposal for dissemination is directed to the appropriate office designated below: (a) In those cases where the instructor is a faculty member, the plan is forwarded to the DEO, dean, and Office of the Provost. (b) In those cases where the instructor is a staff member, the plan is forwarded to the Senior Human Resources Leadership Representative and University Human Resources. (c) In those cases where the instructor is a graduate assistant, the plan is forwarded to the dean of the employing college, the Graduate College, and the Office of the Vice President for Student Services. (5) Upon approval, a copy of the plan is directed to the instructor. (6) The person responsible for development of the plan reviews it annually and reports to the respective office as designated above. (7) The instructor may take any of the following actions: (a) comply with the plan, in which case the matter is resolved; or (b) challenge the determination that a policy violation occurred or any discipline imposed by: (i) accessing III-29 Faculty Dispute Procedures and the portion of the procedures dealing with faculty ethics (III-29.7), when the instructor is a faculty member. (ii) accessing applicable University policies, including III-16 Ethics and Responsibilities for University Staff, and the applicable discipline and/or grievance procedures (see III-28 and/or relevant collective bargaining agreement), when the instructor is a staff member. (iii) accessing the portion of the procedures dealing with graduate assistant employment (III-12.4) for employment related discipline, and the applicable procedures in the Code of Student Life for discipline related to student status, when the Instructor is a graduate assistant. (8) The recipient notifies the complainant that a management plan is in place or that no policy violation occurred. 5.6 CONFIDENTIALITY. 58 a. In order to encourage instructors to self-disclose consensual relationships prohibited under this policy and to empower members of the University community to voice concerns and bring complaints, the University will make every reasonable effort to conduct all proceedings in a manner that will protect the confidentiality of all parties. The University of Iowa cannot guarantee confidentiality in all cases, however. b. Anyone (student or others) who wishes to consult with someone about a specific situation on a confidential basis or to learn more about enforcement of the policy may contact any of the following offices or organizations: (1) Office of the Ombudsperson (for faculty, staff, or students) (2) Faculty and Staff Services (for faculty or staff) (3) University Counseling Service (for students) (4) Women's Resource and Action Center (for faculty, staff, or students) c. The University treats as confidential information received in the course of resolving a complaint. Parties to a complaint are expected to observe the same standard of strict confidentiality. This practice is in the best interests of all parties to the complaint. A party's failure to maintain confidentiality may be regarded as retaliation. Reasonable effort will be made to maintain the confidentiality of the persons who assist the resolution of alleged violations of this policy. Nevertheless, such individuals must understand that it may become necessary to disclose their identities, either directly or indirectly, in the course of resolving the complaint. Dissemination of documents relating to a complaint, other than as necessary to pursue an appeal, grievance, or other legal or administrative proceeding, is prohibited and may lead to disciplinary action. d. To the extent possible, all information received in connection with a management plan will be treated as confidential except to the extent necessary to disclose particulars in the course of its planning and/or implementation, as approved according to II-5.5c(4) above. All community members involved in the management plan process should observe the same standard of discretion and respect for the reputation of everyone involved. For purposes of sexual harassment, Iowa Law Review editors fall under the definition of “faculty member”. II. DISABILITY PROTECTION POLICY 7.1 POLICY a. General. The University of Iowa, as authorized by Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans Readjustment Assistance Act of 1974, shall take affirmative steps to employ and advance the employment of qualified individuals with disabilities and qualified disabled veterans and veterans of the Vietnam era at all levels of employment. The affirmative action policy applies to, but is not limited to, the following employment practices: (1) Hiring; (2) Upgrading; (3) Demotion; (4) Transfer; (5) Recruitment; (6) Recruitment advertising; (7) Layoff; (8) Termination; 59 (9) Rates of pay/other forms of compensation; and (10) Selection for training (including apprenticeship). b. The University of Iowa endeavors to make reasonable accommodations for the functional limitations of applicants, employees, and students with disabilities and disabled veterans pursuant to applicable federal and state law. Applicants and employees with disabilities seeking accommodations should contact Faculty and Staff Disability Services (http://hr.uiowa.edu/fsds/). Students with disabilities should contact Student Disability Services (www.uiowa.edu/~sds). c. Applicants, employees, and students with disabilities at The University of Iowa are protected from coercion, retaliation, interferences, or discrimination for filing a complaint or assisting in an investigation of a complaint under the aforementioned acts. Inquiries and complaints should be directed to the Office of Equal Opportunity and Diversity for a confidential investigation. d. Disabled applicants/employees, disabled veterans, or veterans of the Vietnam Era desiring more information should contact the Office of Equal Opportunity and Diversity. To obtain a copy of the Affirmative Action Plan for Persons with Disabilities, Disabled Veterans, and Veterans of the Vietnam Era, see http://diversity.uiowa.edu/eod/. [top] 7.2 ACCESSIBILITY STATEMENT. In compliance with the University's obligations under applicable federal and state law, all institutional and departmental publications that describe or invite public participation in programs at the University are to contain the following statement: "Individuals with disabilities are encouraged to attend all University of Iowa-sponsored events. If you are a person with a disability who requires a reasonable accommodation in order to participate in this program, please contact (insert: the sponsoring department or contact person) in advance at (insert: telephone number)." The sponsoring department name or contact person and telephone number must be incorporated into the statement, as it is the responsibility of the sponsoring department which is most familiar with the event to make the necessary reasonable accommodations. III. NONDISCRIMINATION STATEMENT The University of Iowa prohibits discrimination in employment, educational programs, and activities on the basis of race, national origin, color, creed, religion, sex, age, disability, veteran status, sexual orientation, gender identity, or associational preference. The University also affirms its commitment to providing equal opportunities and equal access to University facilities. For additional information on nondiscrimination policies, contact the Office of Equal Opportunity and Diversity, (319) 335-0705 (voice) and (319) 335-0697 (text), 202 Jessup Hall, The University of Iowa, Iowa City, Iowa 52242-1316. IV. POLICY ON HUMAN RIGHTS The University of Iowa brings together in common pursuit of its educational goals persons of many nations, races, and creeds. The University is guided by the precepts that in no aspect of its programs shall there be differences in the treatment of persons because of race, creed, color, national origin, age, sex, disability, sexual orientation, gender identity, or any other classification that deprives the person of consideration as an individual, and that equal opportunity and access to facilities shall be available to all. Among the classifications that deprive the person of consideration as an individual are those based on associational preference. These principles are expected to be observed in the internal policies and practices of the University; specifically in the admission, housing, and education of students; in policies governing programs of extracurricular life and activities; and in the employment of faculty and staff personnel. The University shall work cooperatively with the community in furthering these principles. V. ON UNIVERSITY OF IOWA COLLEGE OF LAW ACADEMIC RULES & PRACTICES: POLICY MISCONDUCT § 101. Preamble 60 Academic misconduct violates fundamental norms of legal education, the legal profession, and the development of citizen-lawyers. Academic misconduct compromises the quality and reduces the effectiveness of the educational mission. Academic misconduct also disadvantages those who play by the rules. For example, measures of academic performance are used by prospective employers and others to compare students. Academic misconduct is inconsistent with standards of the legal profession which require honesty, candor, and fair play. In addition to avoiding academic misconduct, law students are expected to conduct themselves ethically and responsibly as members of a community of learning. In part, this ideal requires students to avoid dishonest conduct aimed at achieving unfair advantages outside the academic setting, as with employers. Moreover, students should conduct themselves in a manner that respects the rights of all individuals in the law school community to exercise fully their freedom to teach, learn, work and express their views without undue interference by others. While enrolled in the College of Law, students are bound by a variety of University policies aimed at preserving the integrity of the educational mission of the University of Iowa. These are typically compiled annually in a University publication available to students entitled, Policies and Regulations Affecting Students. Students interested in the rationale behind such rules should consult the explanations accompanying University regulations. In addition, the College of Law has adopted the following regulations, which apply general University norms more specifically to the College of Law setting. The sanctions that may be imposed by the College of Law for academic or non-academic misconduct reflect the seriousness of its individual and collective harm. It should be emphasized, however, that these sanctions may be slight in comparison to the direct and indirect adverse effects that academic misconduct may have in a range of future settings. Good moral character is required for admission to the bar, and both academic and non-academic misconduct may be a matter of substantial concern to boards of bar examiners. More generally, lawyers are held to high standards of integrity across the full spectrum of their professional activities, and academic or non-academic misconduct while a student may cast a shadow upon an otherwise unblemished personal reputation. Law students who aspire to become lawyers and respected members of society should endeavor to develop a personal sense of honesty and integrity and avoid involvement in any kind of misconduct. § 201. Culpable states of mind In the absence of another express standard, a student shall be deemed to have violated any of the rules of conduct in this Title if the student knew, or a reasonable student would have known, that the student was performing the act being proscribed. § 202. Plagiarism Submitting any plagiarized writing to an instructor or supervisor for academic or writing credit constitutes academic misconduct. Plagiarism is an objective offense and does not require any specific subjective intent. Plagiarism includes the following forms of conduct: (a) Quoting another’s words without placing those words in quotation marks and attributing the words to the original author. (b) Paraphrasing another’s words without attributing the words to the original author. (c) Expressing another’s specific ideas or specific analysis without attributing them to the original author. (d) Submitting another’s work as your own. 61 COMMENTS § 203. 1. The prohibition on plagiarism applies to papers at any stage of preparation (i.e., including drafts) once they are submitted to an instructor or supervisor for review. 2. While plagiarism does not require intent, the presence or absence of intent may be relevant to the appropriate sanction. If lack of intent is to be considered in determining an appropriate sanction, the burden to show the lack of intent is on the person charged with plagiarism. 3. There is no minimum number of words that can be borrowed from another without attribution. A unique phrase of as few as two or three words may require quotation marks and attribution. As a general rule, however, any string of seven words or more should always be placed in quotation marks and attributed. When any doubt exists, attribution should be provided. 4. The prohibition on expressing the ideas of another without attribution calls for the exercise of judgment in its application. Obviously, certain ideas are in the public domain, so to speak, and require no attribution. Where, however, a writer uses a particular argument or adopts a rhetorically specific idea from another person, the source should be credited even when no direct quotations are used. In case of doubt, students should err on the side of attribution. 5. The prohibition on plagiarism applies to any paper submitted in circumstances involving any eventual possibility of academic or writing credit. This includes, but is not limited to, small section writing assignments, moot court briefs, seminar papers, papers for student-edited journals, exercises for student-run academic programs, clinical written work (both in-house and externship programs) and independent study papers. 6. Avoiding plagiarism fulfills one of a student’s basic ethical obligations in conducting academic work. Taken most literally, however, avoiding plagiarism is unlikely to fulfill most faculty members’ expectations as to the level of independent thought worthy of research credit. Students may avoid plagiarism, and yet be denied course credit for papers consisting entirely of even properly annotated paraphrases of other people’s work, if those paraphrases appear with but minimal alterations in other authors’ analytic structures and arguments. Dishonesty on writing assignments (a) A student shall not engage in unauthorized collaboration or use unauthorized materials or methods in completing a writing assignment. (b) A student shall not submit any work or portion thereof for credit in more than one class or program unless the student makes full disclosure to, and obtains the prior written consent, of all persons to whom the work is being submitted for credit. COMMENTS 1. In imposing limits on class assignments or examinations instructors employ their best judgments about those conditions which maximize the educational benefit of the academic exercise. Sometimes those constraints are similar to those that exist in the legal profession; sometimes they are not. Thus, some instructors may permit collaboration with others or the use of outside materials on a given assignment. Other instructors may prohibit consultation with class members or others or any recourse to other materials as the condition for an assignment. Violating those proscriptions diminishes the quality of the student’s educational experience while simultaneously providing the student with an unfair advantage in completing the assignment. 2. It is a student’s obligation to be aware of the rules, instructions, or directives communicated to the class by the instructor. Instructors should inform students in writing concerning the degree of allowed collaboration, permissible use of outside materials, and other regulations governing the completion of a writing assignment. 62 3. When an instructor permits it, it is not cheating to seek the non-substantive assistance of professionals within the College of Law who are available to assist in the development of students research and writing skills. These include, for example, the Director of the Writing Center and her staff, and research librarians (for the location of relevant materials). 63
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