These Guidelines are not meant to address differences of opinion over grades issued by faculty in exercising good faith professional judgments of student work. They are meant to address ways in which a faculty member deals with a student regarding an alleged breach of academic integrity. In matters of academic integrity, the succeeding procedural steps must be followed:
1. Any member of the University community may bring to the attention of the faculty member a complaint that a student has failed, in one or more respects, to meet faithfully the obligations specified in the above Section I. (See Note.) Acting on his or her own evidence, and/or on the basis of evidence submitted to the faculty member, the faculty member will advise the student that he or she has reason to believe that the student has committed an offense related to academic integrity, and the student will be afforded an opportunity to respond. If the accused student and the faculty member accept a specific resolution offered by either of them, the matter shall be considered closed if both parties sign a written agreement to that effect and submit it to the Office of the Dean. The Office of the Dean will maintain a written record of the argument, signed by the student and the instructor. These records are not to be added to the student's individual file, and they are to be destroyed when the student graduates or otherwise terminates registration. The Office of the Dean may provide such information identifying an individual student for the following uses:
a. to a faculty member who is involved with a student integrity violation at the initial stage and who wishes to use this previous record in determining whether a resolution between the faculty member and the student or an academic integrity hearing board may be most appropriate, especially in the case of repeat offenders; and,
b. to the Academic Integrity Hearing Board of an academic unit after a decision of guilt or innocence has been made in a case, but before a sanction has been recommended.
2. If an agreed-upon resolution between the faculty member and the student cannot be reached, the faculty member will file a written statement of charges with the appropriate administrative officer. Such statement should set forth the alleged offenses which are the basis of the charges, including a factual narrative of events and the dates and times of occurrences. The statement should also include the names of persons having personal knowledge of circumstances or events, the general nature and description of all evidence, and the signature of the charging party. If this occurs at the end of a term, and/or the last term of enrollment, the "G" grade should be issued for the course until the matter is decided. In situations involving the student's last term before graduation, degree certifications can be withheld pending the outcome of the hearing, which should be expedited as quickly as possible.
3. The dean's designated academic integrity hearing officer will transmit the written statement of charges to the student, together with a copy of these regulations.
4. The letter of transmittal to the student, a copy of which shall also be sent to the faculty member or charging party, will state a time and place when a hearing on the charges will be held by the Chair of the Academic Integrity Hearing Board.
5. In proceedings before the academic unit's Academic Integrity Hearing Board, the student shall have the right:
a. to be considered innocent until found guilty by clear and convincing evidence of a violation of the student obligations of academic integrity;
b. to have a fair disposition of all matters as promptly as possible under the circumstances;
c. to elect to have a private or public hearing;
d. to be informed of the general nature of the evidence to be presented;
e. to confront and question all parties and witnesses except when extraordinary circumstances make this impossible;
f. to present a factual defense through witnesses, personal testimony, and other relevant evidence;
g. to decline to testify against himself or herself;
h. to have only relevant evidence considered by the Academic Integrity Hearing Board;
i. to have a record of the hearing (audio tape), at his or her own expense, upon request.
6. The hearing should provide a fair inquiry into the truth or falsity of the charges, with the charged party and the instructor or charging party afforded the right to cross-examine all adverse witnesses. At the level of the academic unit's Academic Integrity Hearing Board, legal counsel shall not be permitted, but a non-attorney representative from within the University community shall be permitted for both faculty and students. A law student cannot be used as a representative at the Academic Integrity Hearing Board.
7. Any member of the University community may, upon showing relevancy and necessity, request witnesses to appear at the hearing. Witnesses who are members of the University community shall be required to appear, and other witnesses may be requested to appear, at a hearing. When necessitated by fairness or extraordinary circumstances, the Chair of the Academic Integrity Hearing Board may make arrangements for recorded or written testimony for use in a proceeding.
8. HEARING PROCEDURE: The hearing will be conducted as follows:
a. The Chair of the Academic Integrity Hearing Board will not apply technical exclusionary rules of evidence followed in judicial proceedings nor entertain technical legal motions. Technical legal rules pertaining to the wording of questions, hearsay, and opinions will not be formally applied. Reasonable rules of relevancy will guide the Chair of the Academic Integrity Hearing Board in ruling on the admissibility of evidence. Reasonable limits may be imposed on the number of factual witnesses and the amount of cumulative evidence that may be introduced;
b. the alleged offense or offenses upon which the complaint is based shall be read by the Chair of the Academic Integrity Hearing Board;
c. objections to procedure shall be entered on record, and the Chair of the Academic Integrity Hearing Board shall make any necessary rulings regarding the validity of such objections;
d. the charging party shall state his or her case and shall offer evidence in support thereof;
e. the accused or representative(s) for accused shall have the opportunity to question the charging party;
f. the charging party shall be given the opportunity to call witnesses;
g. the accused or representatives for the accused shall be given the opportunity to question each witness of the charging party after he or she testifies;
h. the charging party shall inform the Chair of the Academic Integrity Hearing Board when his or her presentation is completed, at which time the Academic Integrity Hearing Board members shall be given an opportunity to ask questions of the persons participating in the hearing;
i. the Academic Integrity Hearing Board shall recess, and the Chair of the Academic Integrity Hearing Board shall make a determination as to whether the charging party has presented sufficient evidence to support a finding against the accused if such evidence is uncontroverted. The parties may be required to remain in the hearing room during the recess or may be excused for a time period set by the Chair of the Academic Integrity Hearing Board;
j. depending upon the determination of the Chair of the Academic Integrity Hearing Board, the matter shall be dismissed or the accused shall be called upon to present his or her case and offer evidence in support thereof;
k. the accused may testify or not as he or she chooses;
l. the charging party shall have the opportunity to question the accused if the accused voluntarily chooses to testify;
m. the accused or representative(s) for the accused shall have the opportunity to call witnesses;
n. the charging party shall have the opportunity to question each witness of the accused after he or she testifies;
o. the accused shall inform the Chair of the Academic Integrity Hearing Board when his or her presentation is complete, and the Academic Integrity Hearing Board members shall have an opportunity to ask questions of the accused as well as the accused's witnesses;
p. the Chair of the Academic Integrity Hearing Board shall have an opportunity to address the hearing board on University regulations or procedure in the presence of all parties, but shall not offer other comments without the consent of all parties; and,
q. the hearing shall be continued and the members of the hearing board shall deliberate in private until a decision is reached and recorded.
9. A suitable record (audio recording) shall be made of the proceedings, exclusive of deliberations to arrive at a decision.
10. The proposed decision, which shall be written, shall include a determination whether the charges have been proven by clear and convincing evidence, together with findings with respect to the material facts. If any charges are established, the proposed decision shall state the particular sanction or sanctions to be imposed. Prior violations or informal resolutions of violations may be considered only in recommending sanctions, not in determining guilt or innocence. Once a determination of guilt has been made, and before determining sanctions, the Chair of the Academic Integrity Hearing Board should find out from the appropriate dean(s) whether prior offenses and sanctions imposed have occurred.
11. The proposed decision shall be submitted to the dean, who will make an independent review of the hearing proceedings. The dean may require that the charges be dismissed, or that the case be remanded for further proceedings whenever he or she deems this to be necessary. Upon completion of such additional proceedings, if any, and within a reasonable time the dean shall issue a final decision. The dean may reject any findings made by the Academic Integrity Hearing Board adverse to the student, and may dismiss the charges or reduce the severity of any sanction imposed, but the dean may not make new findings adverse to the student or increase the severity of a sanction, except in the case of repeat offenders of the Academic Integrity Guidelines.
12. The Chair of the Academic Integrity Hearing Board shall then transmit to the charged party and the faculty member copies of all actions taken by the Academic Integrity Hearing Board and the dean. If a sanction is imposed, the notice to the student will make reference to the student's opportunity, by petition filed with the Provost, to appeal to the University Review Board.
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