3) Appeal. A decision by the Associate Dean to dismiss the charge or proceed with the charge is not appealable within the Law School. If the charge is dismissed, a later charge may not be brought against the same student based on the same factual episode. d. Actions Permitted 1) Declination. If the Associate Dean concludes that there is not probable cause to believe that an Honor Code violation occurred or that the accused student committed the violation, the Associate Dean shall issue a declination to prosecute. If a matter is declined, the Chief Investigator shall notify in writing the complainant (and other persons interviewed by the Investigator who of necessity learned the identity of the accused student) of the action taken. The complainant and those who have learned the accused's identity must be warned of the confidentiality of the matter and admonished not to disclose to others the student's identity. If the accused student was contacted by the Investigator during the inquiry, or if the case Investigator reasonably believes that the student has become aware of the complaint or investigation, the Chief Investigator shall notify the student of the declination. 2) Referral to Honor Court for prosecution. If the Associate Dean concludes that there is probable cause to believe that an Honor Code violation occurred and that the accused student committed the violation, he/she shall deliver a letter to the Hearing Officer and to the Chief Investigator, stating his/her probable cause determination. The letter must contain the name of the accused student and the specification of the Honor Code provision(s) violated, with a brief statement summarizing the specific acts or omissions constituting the violation(s). 3) Undertake further investigation. When the interests of justice and the parties require, the Associate Dean may order further investigation by the Investigators Committee not to exceed fifteen (15 ) days, at which time the Committee shall submit a report to the Associate Dean. At that point, the Associate Dean will either decline or refer the matter for prosecution. 4) The case file. In a matter closed without prosecution, a memorandum from the Associate Dean explaining this determination shall be placed in the case file. The case file containing the original complaint, tape recordings or other
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