I. Procedure

A. The designated Dean will institute proceedings before the committee by forwarding the case to the Chair of the Academic Conduct Committee (committee). The committee shall consist of faculty and staff members appointed by the Dean and graduate students or advanced undergraduate students of not lower than junior-year standing, appointed by the Assistant or Associate Dean of the College. This committee has jurisdiction over every alleged act of academic misconduct on the part of (a) any student enrolled in the School/College, and (b) any student enrolled in a course taught in the School/College, whether that student is enrolled in that School/College or some other academic unit at the University or any other college or university. The committee will also have jurisdiction over every alleged act of misconduct pertaining to course credits earned in the School/College by any person. This shall include any person who has received a baccalaureate degree from the University.

B. When students are called before Academic Conduct Committees of another School/College in the University, the designated Dean of the school or college holding the hearing shall inform the designated Dean of the School/College of enrollment of the nature of the charge and the time of the hearing. Whenever possible, a representative from the School/College of enrollment should be present at the hearing and deliberations.

C. If the designated Dean refers the case to the Academic Conduct Committee, the Dean’s office shall inform the student (by hand-delivered or certified letter with return receipt, to be sent at least twelve days prior to the hearing) of the following matters:

  1. The charges.
  2. The date, time, and location of the hearing.
  3. The fact that the student may request to reschedule the hearing, within a limited time period, for a valid reason.
  4. The fact that the student may be accompanied by an advisor of his or her choice. At the discretion of the committee chair, the advisor may be allowed to make a brief statement on behalf of the student. The advisor may not participate directly in the hearing.
  5. The fact that the student may also bring witnesses to provide additional information related to the alleged offense. The chair may limit or exclude the matters presented by any individual to the extent that such information is repetitive or is not probative of the guilt or innocence of the student.
  6. The fact that he or she shall have the right to examine the person bringing the charges, to have access to all documents that have been introduced as evidence, to have copies of such documents prepared, and at the discretion of the chair and in a manner to be prescribed by the chair, to examine all witnesses
  7. The fact that the student may, but is not required, to submit a written statement and/or other documents for review by the Academic Conduct Committee, provided that any such written statement is prepared by the student (and not by his or her advisor), and provided that any statement or documents that student wishes the Academic Conduct Committee to review are received by the Dean’s Office at least seven (7) days prior to the scheduled date of the hearing. The Academic Conduct Committee reserves the right not to accept or review any materials that are submitted after this deadline.

D. Waiver of Twelve Days Notice. A student may waive the twelve-day notice requirement. The committee may hold an expedited hearing when the Chair and student both believe that doing so is in the interest of fairness.

E. Hearings

  1. Members of the committee may be excused if the case might involve a conflict of interest (e.g., kinship, teacher-student relationship, etc.).
  2. The Dean may appoint pro tempore members to replace regular faculty members who are unable to attend, or who have been excused.
  3. When students are called before Academic Conduct Committees of another School/College in the University, a representative from the home School/College student shall be invited to attend, but will not vote.
  4. No student shall be found guilty except on the vote of a majority of the voting members present at a hearing.
  5. The quorum for hearings shall be five voting members of the committee, at least three of whom shall be faculty members. Once the meeting is called to order, the departure or absence of one or more committee members shall not defeat the quorum and the meeting may continue to conclusion.
  6. The chair shall be counted as a voting member, but shall cast his or her vote only in order to break a tie vote.
  7. A hearing shall proceed in the absence of the accused student only if:
    • a. The student waives the right to be present or
      b. The committee is satisfied that proper notice of the hearing was given to the student and that there is no legitimate cause for the absence.
  8. The hearing shall be recorded by sound recording. The recordings are to be preserved for one year. Any participant in the hearing may obtain a copy of the recording or the transcript of the hearing (if one is made, though the University is under no obligation to produce a transcript) at actual cost. Deliberations are private and are not tape-recorded.
  9. The Chair in his or her discretion shall administer the hearing to promote fairness. Subject to that discretion, the hearing shall include:
    • a. Presentation of charges by the committee chai
      b. Presentation and examination of material evidence and witnesses by the committee and by the accused student(s) but excluding material relevant to sanctions to be imposed. In appropriate circumstances the chair may take steps to protect a witness through actions such as sequestering, withholding a witness’s identity, or taking testimony prior to a hearing
      c. Statement by the accused student(s) and examination of the student(s) by the committee
      d. Additional examination of witnesses if required
      e. After excusing the accused student, and advisor, and witnesses, deliberation of the committee, which shall not be tape-recorded
      f. Formulation of the judgment and assessment of any appropriate penalty by a majority vote of the members present.
  10. The chair shall make the necessary determination of the scope of the inquiry with a view to according full and fair exploration of relevant material. It is in the discretion of the chair whether to accept additional documents prepared by any of the witnesses and first offered at the time of the hearing.
  11. Because the hearing is not a court hearing, the committee is not bound by legal rules of evidence. However, every effort will be made to conduct hearings as fairly and expeditiously as possible
  12. The hearing shall not be public, and information gained at the hearing shall be treated as privileged information by all participants. This does not bar the disclosure of the findings and recommendations of the committee to those authorized to receive such information. Inasmuch as this provision is for the protection of the accused student, it does not bar him or her from disclosing information pertaining solely to him or herself, if he or she wishes to do so, provided, however that in proceedings involving multiple students, no student should disclose information learned about any other accused student to any persons not participating in the hearing.
  13. At the request of the accused student, the chair of the Academic Conduct Committee may, at his or her discretion, elect to admit parents or legal guardians.
  14. The hearing shall be conducted with proper decorum. The hearing may be recessed by the chair if:
    • a. Additional evidence or witnesses are needed.
      b. It is apparent that a fair hearing cannot be held because of disturbances, illness, or similar causes.
  15. The School/College may, from time to time, make public the facts and decisions of cases that come before the committee. However, such reports shall not reveal the name of any student, professor, or course involved in a case that has been heard by the committee.

F. Recommendation

  1. Cases involving student enrolled in the School/College where the infraction occurred:
    The committee shall write up its recommendation including a statement of the charges, evidence, judgment, and recommended penalty, which shall be transmitted to the designated Dean as soon as possible after the hearing at which the judgment was made. With regard to the judgment, the designated Dean shall review the evidence supporting the committee’s findings. If necessary, the designated Dean may refer the matter back to the committee for further consideration and/or elaboration, or may request the transcript or recording of the hearing and/or copies of the evidence. However, the judgment of the committee shall not be replaced by a judgment more damaging to the student unless new evidence has been considered upon a rehearing. Similarly, with regard to the recommended penalty the designated Dean of the School or College conducting the hearing shall not impose more severe penalties than those recommended by the committee.
  2. Cases involving students enrolled in another School/College.
    If the accused student is not enrolled in the School/College where the infraction occurred, the designated Dean of the school/college conducting the hearing shall transmit the committee’s judgment and recommended penalty to the designated Dean of the student’s school/college. With regard to the judgment and recommended penalty, the designated Dean of the student’s school/college shall review the evidence supporting the committee’s findings. If necessary, the designated Dean may refer the matter back to the committee for further consideration and/or elaboration, or may request the transcript or recording of the hearing and/or copies of the evidence. However, the judgment of the committee shall not be replaced by a judgment more damaging to the student unless new evidence has been considered upon a rehearing. With regard to the recommended penalty, the designated Dean is not bound by the committee’s recommendation, but shall make an independent determination of the appropriateness of the recommended penalty, and may impose a penalty that is greater or lesser than that recommended by the committee.

G. The designated Dean of the student’s school/college shall notify the student by certified or personally signed for letter of the judgment and penalty imposed. The student shall also be informed that there is a procedure for appeal.

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