Part 4. Academic Integrity and Procedure
§ 1‑403 Procedures
(a) Suspicion of infraction – Initial Determination.
(1) Allegation. An Instructor who has reason to believe that a student has committed an academic integrity infraction shall notify the student in writing of the basis for the belief. E-mail notice is strongly encouraged. The Allegation Notice must contain sufficient information to permit the student to respond to the concern. A copy of the Allegation Notice shall be provided to the department and college in which the course or examination is conducted. The college should, where applicable, submit a copy of the Allegation Notice to the college with which the student is affiliated (for graduate students, the Graduate College is always the applicable college).
(2) Response. The student has ten (10) business days from the date of the Allegation Notice to submit a written Response to the Instructor. The Response should include all relevant information, materials and witness statements the student wishes the Instructor to consider. Upon good cause shown, an extension may be requested in writing and may be granted by the executive officer (EO).
(3) Fact-Finder. The Instructor shall act as fact-finder and explore information relevant to the alleged infraction. The Instructor should consider all information provided by the student in the Response. The instructor may collect additional relevant information to assist in making a determination. The Instructor will pay due regard to the Family Educational Rights and Privacy Act (FERPA) when making inquiries, including interviewing involved parties.
(4) Timing. The Instructor shall work to resolve the matter and make a determination on a timely basis.
(5) Instructor’s Decision.
(A) If the Instructor concludes that the student did not commit an infraction, the student shall be permitted to:
(i) Continue in the course and be given whatever grade the student is entitled to without regard to the charge of an infraction; or
(ii) Drop the course at any time during the semester without a “W” on the transcript. However, to drop the course after the applicable drop deadline, the student must indicate his/her desire to drop the course within 10 business days of the Instructor’s decision; or
(iii) Change sections in the course, if possible.
(B) If the Instructor concludes, based on available information, that it is more probably true than not true that the student has committed an infraction, the Instructor shall make a finding of a violation and impose a sanction as permitted in 1-404.
(C) In either case (A or B), Notice of the Instructor’s decision shall be given to the student and to the department and college in which the course or examination was conducted. The college should, where applicable, submit a copy of the Instructor’s Decision Notice to the college with which the student is affiliated (for graduate students, the Graduate College is always the applicable college). When an infraction is found, the Instructor’s Decision Notice shall include at least: 1) the finding of violation, 2) a brief explanation of the facts establishing the violation, 3) the sanction and the basis for the same, and 4) a statement such as: “You have the right to appeal this decision and/or sanction by [insert date, i.e. within five (5) business days from the date of the Instructor’s Decision Notice] pursuant to 1-403(b) of the Student Code.”
(6) Multiple students. When two or more students have been accused of cooperating in an academic infraction, any fact-finding inquiries should establish their independent responsibility and the sanctions for each individual should be decided separately.
(7) Student not enrolled in course. If a student is not enrolled in the course affected, the Instructor shall not make an allegation but shall instead forward that student’s case to the Senate Committee on Student Discipline for handling pursuant to its policies and procedures.
(8) Finality of Instructor’s Decision. If a student does not appeal the instructor’s decision, it shall be final except to the extent the sanction includes a recommendation for suspension or dismissal from the University. A recommendation of suspension or dismissal will be handled pursuant to 1-403(d).
(9) Forwarding the Record. Once a decision has been made, the Instructor shall forward the Record to the department or unit executive officer for retention pursuant to applicable policy.
(b) Contested Determination or Sanction - Appeal.
(1) Timing and Content of Appeal. A student wishing to appeal an Instructor’s decision must file a written appeal within five (5) business days from the date of the Instructor’s Decision Notice, except as provided in 1-403(d)(1)(A). The appeal shall include at least: the name of the student, the course involved, the name of the Instructor, the applicable grounds for appeal (see b.2 below), and an explanation for the basis of appeal. The appeal shall be submitted to the executive officer (EO) in the department or unit in which the infraction is alleged to have occurred.
(2) Burden of Proof; Grounds for Appeal. A student wishing to appeal bears the burden of establishing at least one of the following grounds for appeal:
(A) The Instructor did not follow these procedures as outlined in the Academic Integrity Policy and Procedures and the deviation resulted in significant prejudice against the student;
(B) The Instructor’s decision was clearly not objectively reasonable based upon information available at the time of the Instructor’s decision;
(C) The sanction was disproportionate to the violation; or
(D) New information exists that was not available at the time of the instructor’s decision, and that information makes it substantially more likely that the student did not commit the violation than that he or she did.
(3) EO handling of Appeal. Upon receipt of the appeal and Record, the EO shall:
(A) Schedule a departmental hearing if the highest sanction was a Category 2 as provided in 1-404. If the department consists of nine or fewer full-time faculty members, the appeal will be directed to a similarly constituted committee of the school or college.
(B) Refer the Record to the Dean of the college offering the course for a college hearing if the highest sanction is Category 3 as provided in 1-404.
(4) Automatic Review. A recommendation for suspension or dismissal by an Instructor shall be automatically reviewed pursuant to 1-403(d).
(c) Appeal Hearing Procedures.
(A) Departmental Level Appeal. The EO shall appoint a Chair, who shall serve as a non-voting member. The EO shall select a hearing committee which shall be composed of at least two faculty members and at least one student to hear and vote on the matter. Only faculty and students without a conflict of interest (as determined by the EO) shall serve.
(B) College Level Appeal. The Dean shall appoint a Chair who shall be a nonvoting member. The Chair shall select a hearing committee which shall be composed of at least two faculty members and at least one student member to hear and vote on the matter. Only faculty and students without a conflict of interest (as determined by the Chair) shall serve.
(C) Student Committee Members. The student members on the hearing committees shall be of the same status as the respondent(s) (undergraduate or graduate). In matters involving both undergraduate and graduate student(s), both an undergraduate and a graduate student shall serve on the committee. The undergraduate committee member shall vote on the undergraduate respondent(s) and the graduate student committee member shall vote on the graduate respondent(s).
(2) Notice of Hearing. Notice of Hearing shall be sent at least five (5) business days prior to the hearing, unless the student requests an expedited hearing and the request is granted.
(3) Attendance. Attendance is restricted to committee members and to the student(s), Instructor(s), and their Consultants. Both the student and the Instructor shall be permitted to be present throughout the hearing but are not required to attend. When multiple students are involved, their hearings may be combined except when discussing the educational record of each student with regard to sanctions. Students and Instructors shall represent themselves in the hearing. Any person, including a student or Instructor, who disrupts a hearing or who fails to adhere to the directives of the Chair may be removed from the hearing at the discretion of the Chair. All parties shall be excluded during committee deliberations.
(4) Information Considered. Appeals are intended to determine if the student has established the grounds for appeal. The student and the Instructor may each make a brief opening statement, and then respond to questions from the committee. The student and the Instructor may suggest questions to be asked of each other. The Chair shall decide whether or not to pose the questions. The committee, through the Chair, may solicit information or statements from any person it deems relevant to the matter in dispute, either at its own initiative or at the suggestion of the student or Instructor. All such information must be presented in the hearing and not in closed deliberation. The confidentiality of all information shall be preserved. Formal rules of evidence shall not apply.
(5) Committee Deliberations and Disposition. The deliberations of the Committee are confidential. The decisions and recommendations of the committee must be agreed to by a simple majority of the voting members of the committee hearing the matter. The committee shall submit a written report to the EO (or Dean of the college offering the course in the case of a college level hearing) within five (5) business days from the date of the hearing. The report should include:
(A) A brief overview of the allegation(s) and response;
(B) A summary of the relevant information considered at the hearing;
(C) A statement as to whether the student has met the burden establishing the grounds for an appeal; and
(D) A recommendation. The recommendation may include upholding, overturning or adjusting the instructor’s decision or sanction, or such other recommendation as may be appropriate. Failure by the Instructor, department or college to follow the procedures of this Part shall not absolve a student of his/her responsibility to refrain from violations of academic integrity. The committee may recommend that a matter be returned to the level where the error occurred for reconsideration. The committee shall not recommend a sanction of a higher Category than the Instructor’s original sanction. (See 1-404 of this Part.)
(6) EO or Dean’s decision. Following the receipt of the Report and on a timely basis, the EO or Dean may do any of the following:
(A) If the EO or Dean accepts a committee recommendation to uphold the Instructor’s decision and sanction, he or she shall inform the Instructor and the student of the same in writing.
(B) If the EO or Dean accepts a committee recommendation to overturn or adjust the Instructor’s decision and/or sanction, the EO or Dean shall inform the Instructor and permit the Instructor five (5) business days to concur with the committee’s recommendation or submit a statement of objection. If the Instructor objects, the EO or Dean shall take that objection into account when making a final decision in the case. No response from the Instructor within the allotted time shall be construed as no objection to the recommendation.
(C) If the EO or Dean disagrees with the committee’s recommendation, the EO or Dean shall direct the committee to reconsider the matter. The specific errors or concerns shall be identified and the committee need only address the issues raised. The EO or Dean may then accept or decline the committee’s recommendation in whole or in part.
(7) Finality of Decision. The decision of the EO or Dean shall be final, and shall be communicated to the student and Instructor in writing.
(d) Handling of a Recommendation for Suspension or Dismissal from the University
(1) Upon receipt of a recommendation for suspension or dismissal from the University, the EO shall review the record and discuss the matter with the Instructor and with the student.
(A) If the EO declines to forward the recommendation for suspension or dismissal, the EO shall provide Notice declining the recommendation to the student and the Instructor. The Instructor’s finding(s) and other sanction(s) remain in effect. The student shall have five (5) business days from the date of the EO’s Decision Notice to appeal the Instructor’s finding and/or sanctions, pursuant to the provisions of 1-403(b).
(B) If the EO agrees with the recommendation and the student waives his/her right to a college-level appeal hearing, the matter shall be forwarded to the Senate Committee on Student Discipline for review and action.
(C) If the EO agrees with the recommendation and the student does not waive his/her right to appeal, the EO shall forward the matter to the Dean for a hearing by the college in which the course or examination was offered. The college shall conduct a hearing in accordance with 1-403(c) except, in the event the student is affiliated with a different college, the dean of the student’s college shall be invited to name a representative from the student’s college, who shall serve as a non-voting member of the committee. The hearing committee shall consider the facts of the case and make a judgment on whether suspension or dismissal is warranted. If the student also wishes to appeal the Instructor’s finding(s) and/or other sanction(s), that appeal shall be heard at the same hearing. In that case, the burden rests with the student to establish that at least one of the grounds for appeal found in 1-403(b)(2) are present.
(2) If, after a hearing, the dean of the college in which the course or examination was offered accepts a recommendation for suspension or dismissal, the dean shall forward the recommendation to the Senate Committee on Student Discipline for review and action.
(3) The question before the Senate Committee on Student Discipline would be whether the breach of academic integrity in question is of such a nature as to warrant suspension or dismissal of the student. The Committee may take into consideration prior findings of academic integrity violations against the student when determining if suspension or dismissal from the University is warranted. If the hearing committee or the Senate Committee on Student Discipline does not concur with the recommendation of suspension or dismissal, it may impose a lesser formal sanction and/or educational sanctions, along with the course-based sanction imposed by the Instructor. (See SCSD Student Disciplinary Procedures for permissible sanctions.) The Committee shall inform the Dean of its decision and the Dean shall notify the Instructor and EO of the unit in which the infraction occurred. The decision of the Senate Committee on Student Discipline shall be final.
(e) Student Status. While an academic integrity infraction is pending (from the date of the Allegation Notice until final resolution), no change in enrollment status in the course shall be permitted.
(1) If the final deadline for reporting a grade occurs prior to the resolution of the case, the Instructor shall request that the student’s college assign an “Incomplete” grade to the student for the course until final resolution.
(2) Upon a finding of no infraction and resolution of the case, the student shall have the options set forth in 1-403(a)(5)(A).
(3) Upon a finding of an infraction and resolution of the case:
(A) If the sanction is Category 1 or 2 as provided in 1-404, an undergraduate student may drop the course or change the course to Credit/ No Credit status if he or she were otherwise eligible under section 3-311(d)(2) at the time of the infraction. Graduate students may drop the course provided the infraction occurred before the usual deadline for dropping a course. A record of the infraction will remain in the student’s file even if the student drops the course.
(B) If the sanction is a Category 3 as provided in 1-404, the student may neither change the course to a Credit/No Credit status nor drop the course.