190.6 The Academic Discipline Committee Operating Procedures

Created by: Stephanie Ferguson on 11/04/2005
Category: 1 - Academic Affairs; 90 - Miscellaneous
 
Originator: Associate Academic Dean and the Academic Policies Committee
Current File: 190.6
Adoption Date: 03/02/2015
Reviewed for Currency: 03/02/2015
 
Replaces File: 190.6
Date of Origin: 10/29/2005
 
Classification: Faculty
 
In Archive? 0


190.6 The Academic Discipline Committee Operating Procedures

 

A.  Background

 

The Academic Discipline Committee (ADC) is a standing faculty committee responsible for 1) adjudicating possible violations of the academic integrity policy (File 121.5) that cannot be resolved between the faculty member and student 2) when it deems appropriate, imposing sanctions beyond the grade penalties imposed by the instructor when it is determined that a student is responsible for academic misconduct; and 3) reviewing student requests for early expungement of ADC case files.

 

 

B.   Policy

 

When disputes involving academic misconduct arise, the Associate Academic Dean shall refer them to the ADC. The ADC shall have the responsibility of conducting a hearing to determine whether academic misconduct has occurred in the instance under review and communicating the decision to all parties involved as soon as is reasonably possible. When it is determined that a student has engaged in academic misconduct, either by his/her own admission or by the decision of the ADC hearing panel, the ADC hearing panel may, at its discretion, assess additional sanctions but the faculty member shall have final authority over any grades assessed as penalties within the course. If the ADC hearing panel finds that academic misconduct has not occurred, the faculty member may not impose a grade penalty for misconduct and the ADC panel may not impose any sanctions. Students may request early expungement of ADC case files. The ADC will review these requests each semester to determine which files may be expunged prior to graduation.

 

C.  Guidelines

 

1.  The ADC shall consist of five full-time faculty members and two students. One faculty member will serve as the committee chair. Additional faculty and student alternates will also be named to participate in panels. Faculty will typically serve a three-year term; students will typically serve a two-year term. The Associate Academic Dean shall serve as an ex-officio member of the committee.

 

 

2.  Hearing panels will consist of five faculty and two students drawn from the ADC and alternates by the Chair of the ADC [Note: If the incident under review involves a graduate student, the chair of the ADC will appoint two graduate students to serve in place of the undergraduate student committee members. If the incident involves a student in the evening program, the chair of the ADC will appoint two evening students to serve in place of the undergraduate student committee members.]

 

3.  Regular orientation sessions coordinated by the Chair of the ADC and the Associate Academic Dean shall be held for new members of the committee and alternates.

 

4.   All committee members and alternates shall maintain the strictest confidentiality regarding all matters that are brought to the attention of the ADC.

5.   Faculty shall file cases of academic misconduct to the Associate Academic Dean as outlined in  (File 121.5). All cases of academic integrity are reviewed by the ADC as follows:

 

a.   Student accepts responsibility and it is a first offense

     The ADC reviews these cases with identities hidden to assess additional sanctions. The student may request a hearing to appeal the additional sanctions. If the decision of the ADC is to assess a sanction of suspension or expulsion, the ADC must conduct a hearing.

 

b.  Student denies responsibility

     The chair of the ADC appoints a panel to conduct a hearing to adjudicate responsibility for the charge and to assess additional sanctions if the student is found responsible.

 

c.   Student fails to sign the designated form

     The chair of the ADC appoints a panel to conduct a hearing to adjudicate responsibility for the charge and to assess additional sanctions if the student is found responsible.

 

d.   Student has multiple offenses

     The chair of the ADC appoints a panel to conduct a hearing to adjudicate responsibility for the charge if necessary and to assess additional sanctions, to include possible suspension or expulsion, if the student is found responsible

 

6.   When the Associate Academic Dean determines that a hearing is necessary, the following courses of action will ensue.

a.  The Associate Academic Dean will notify the chair of the ADC, who will arrange to convene a hearing panel as soon as reasonably possible to consider the case. The chair of the ADC will compose a hearing panel of five faculty and two students. When the chair of the ADC cannot participate in a hearing, he or she will designate an interim chair from the ADC for the hearing panel. Committee members may decline to participate if they believe they may have difficulty in being impartial in the matter.

b.  If a hearing is required at a time when the members of the ADC are not available, prior faculty and student members of the ADC may be assigned to a hearing panel. If no prior members of the ADC are available, the chair of the faculty shall appoint ad hoc committee member(s) to assume temporarily the responsibilities of the ADC for a hearing panel. The Associate Academic Dean and the chair of the ADC will train these ad hoc members prior to the hearing.

c.  The faculty member may participate in all hearings where the student is not accepting responsibility for the charges or appealing the ADC imposed sanctions when the student accepted responsibility for the charges. The faculty member is not invited to a hearing that is solely determining additional sanctions for a second offense unless the student requests the faculty member as a witness.

d.  The chair will notify the student and when appropriate, the faculty member in writing of the date, time, and place of the hearing at least five (5) days prior to its scheduled date. The chair will also provide the accused student and when appropriate, the faculty member with a written description of the hearing procedure, and will make every effort to inform them of their rights concerning the hearing.

e.  The Associate Academic Dean will forward to the ADC hearing panel the form filed by the faculty member and all relevant supporting evidence. A copy of this form and evidence will be provided to the accused student. The student is encouraged to provide a written statement to the ADC in advance of the hearing.

7.  The conduct, course, and conclusions of the hearing may be affected by the following factors.

a.  The hearing will consist of an interview session where the Associate Academic Dean, student, and faculty member may all be present followed by an executive session where only members of the ADC hearing panel are present to make final deliberations. Although the Associate Academic Dean does not vote, the panel may choose to consult with him or her to determine appropriate sanctions.

b.  Conduct at the hearing is expected to be civil in order to efficiently interview all parties. The chair of the ADC may remove any participant from the hearing if his/her behavior is impeding the progress of the interviews.

c.  The accused student may appear before the hearing panel alone, or may select one other individual from the student body, faculty, or staff of the University to accompany him/her as an observer of the proceeding. Legal counsel is prohibited from attending the hearing.
d.  With the exception of deliberations in executive session, all proceedings of the hearing shall be recorded. The faculty member or the student may review the recording of the hearing in the Associate Academic Dean’s office.
e.  In the event that an accused student chooses not to appear before the ADC, the hearing shall proceed in the student’s absence.
f.  The standard for deciding whether a student has engaged in academic misconduct shall be the greater weight of the evidence (“more likely than not”).
g.  All decisions of the ADC hearing panel shall be determined by a simple majority.
h.  The hearing panel may assess sanctions in addition to the grade penalty the faculty member determines. These sanctions include but are not limited to letters of reprimand, compulsory participation in ethics tutorials or other teaching opportunities, extending the length of time the offense remains on the student’s file, suspension, and expulsion.
i.  If the hearing panel determines that academic misconduct has occurred, the original grade penalty on the designated form is not binding and final authority for assigning the grade penalty in the course shall rest with the faculty member. If the hearing panel determines that academic misconduct has not occurred, the faculty member may not impose a grade penalty for academic misconduct and the panel may not impose any additional sanctions.
j.  The ADC chair will notify all parties as quickly as possible at the conclusion of the hearing; sanctions shall take effect as prescribed in writing.

8.  The student has the right to appeal decisions of the ADC in the following circumstances. Appeals must be filed in writing no later than ten (10) calendar days from the date of the receipt of the decision.

a.  A student may appeal additional sanctions imposed by the ADC during a review of a first offense that did not result in a hearing. Appeals should be sent to the Associate Academic Dean.

b.  A student may appeal to the Vice President of Academic Affairs and Dean a penalty of suspension or expulsion assessed by an ADC hearing panel. Other penalties imposed by an ADC hearing panel may not be appealed.

c.  With compelling evidence of a procedural violation that impacted the outcome of the hearing, the student may appeal the ADC hearing panel’s decision to the Vice President of Academic Affairs and Dean.

d.  With compelling new evidence, a student found responsible for academic misconduct may appeal this decision to the Associate Academic Dean, who will refer it to the ADC for further consideration.

 

9.  The faculty member has the right to appeal decisions of the ADC in the following circumstances. Appeals must be filed in writing no later than ten (10) calendar days from the date of the receipt of the decision.

a.  With compelling evidence of a procedural violation that impacted the outcome of the hearing, the faculty member may appeal the ADC hearing panel’s decision to the Vice President of Academic Affairs and Dean.
b.  With compelling new evidence concerning the responsibility of the student, the faculty member may appeal a decision of the ADC to the Associate Academic Dean, who will refer it to the ADC for further consideration.

10.  Grade penalties may not be appealed. Students maintain the right to appeal their grade in the course under limited conditions as described in the grade appeal process in File 183.2.

11.  The Associate Academic Dean will monitor a student’s progress in complying with additional sanctions the ADC has assessed. If the student does not satisfactorily comply with the additional sanctions in the allotted time, the Associate Academic Dean will contact the chair of the ADC, who will review the case with the ADC to determine if additional sanctions are needed. If this review results in a hearing, the hearing will follow the same procedural format as outlined in Guidelines 6 and 7.

 

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