Southeast Missouri State University

Faculty Senate Bill 05-A-06 Protocol for Adjudicating Alleged Violations of Academic Honesty (Approved)

Approved by the Board of Regents April 24, 2006

This bill replaces the section entitled "Steps for Remedial Action" in the Policy on Academic Honesty (Faculty Senate Bill 03-A-04) with the following.

Protocol for Adjudicating Alleged Violations of Academic Honesty

Introduction

Faculty members who discover evidence of academic dishonesty should contact the student within five business days of discovering the alleged dishonesty to arrange to meet and discuss the allegation. Prior to this meeting the faculty member may consult with the Department Chairperson, the appropriate Dean, and the Office of Judicial Affairs. The following sections describe the procedures to be adhered to in each of the listed instances: the student acknowledges the violation, the student denies the violation, and the appeals process. If the faculty member is the Department Chairperson, a departmental designee will assume the Department Chairperson's role in this protocol and references to the Department Chairperson should be read as departmental designee. The procedures below should be followed with online, ITV or face-to-face classes.

  1. Informal Resolution
    1. The Student Acknowledges the Violation

      The faculty member will meet with the student suspected of engaging in academic dishonesty. Faculty for online courses will contact students via email with copies of the assignment under review attached. If the student acknowledges the act of academic dishonesty, the faculty member will resolve the issue informally or move to the first step of the formal process (Section II A). Students enrolled in ITV or online courses who fail to respond to electronic correspondence from the faculty within 5 business days will either receive academic sanctions or be referred for a formal hearing.

      The faculty member has the discretion to determine the course of action after conferring with the student and may either excuse the student based on the facts or impose an appropriate sanction. If the faculty member considers the student's actions not to be an egregious violation of the academic honesty policy or his/her action resolves the matter, then the matter is resolved.

      In imposing a sanction or sanctions, faculty members must adhere to the grade sanction policy, if any, as described in the faculty member's course syllabus. A faculty member's grade sanction policy may not include permanent removal of the student from the course or suspension or expulsion from the University. If a faculty member's course syllabus does not include a grade sanction policy, a faculty member may impose one or more of the following sanctions: require the student to redo the work, fail the student on the work, or require the student to receive additional instruction as provided by the University Library, Writing Center, or other University resources.
    2. The Student Does Not Acknowledge the Violation or Does Not Accept Faculty's Sanctions

      If the student does not acknowledge the violation or believes the faculty's sanctions are excessive, he/she can request a formal hearing.
  2. Formal Resolution
    It is the faculty member's discretion to determine whether the violation warrants referral to the Department Chairperson for judicial action.
    1. Student Acknowledges the Violation and Faculty Refers for Judicial Action
      1. If the faculty member believes that the violation warrants judicial action, notification should be provided to the student and the faculty member's chairperson within five business days following the initial faculty-student discussion. The Department Chairperson shall submit written notification (utilizing the approved form) to the appropriate Dean and the Judicial Coordinator with a copy to the student, within five (5) days of receiving the faculty notification.
      2. Within five business days after receiving notification from the Department Chairperson, the Judicial Coordinator will schedule a judicial conference to address the charge (assign sanctions) of academic dishonesty. The Judicial Coordinator will immediately initiate written contact with the student enrolled in online or ITV courses per electronic correspondence.
      3. In addition to being required to complete the sanction or sanctions imposed by the faculty member in accordance with the guidelines in Section I A, the student will be placed on Disciplinary Probation at least through the next semester in which the student is enrolled at Southeast Missouri State University. If the student is not in good disciplinary standing, the Judicial Coordinator will follow the Code of Student Conduct to determine the appropriate disciplinary sanction.
      4. In addition to the original faculty sanctions, the Chair can impose additional sanctions in accordance with the guidelines in Section I A.
      5. The Department Chair may recommend failing the course, suspension or expulsion if he/she believes the incident warrants more severe action than Disciplinary Probation. These recommendations, along with supporting documentation, will be shared in writing with the appropriate Dean and Judicial Coordinator (with a copy to the Dean of Students). The Judicial Coordinator will review documentation, meet with the student, and impose sanctions as warranted.
    2. The Student Denies the Violation
      In cases of alleged academic dishonesty where facts are disputed or denied by the student, the following procedures will be completed.
      1. Hearing with Department Chair
        1. The faculty member will forward a written summary within five days of the initial discussion with the student to the Department Chairperson. This summary must contain copies of all relevant materials and the names of any witnesses. Student access to information about the alleged incident will be determined in accordance with the guidelines published in the Code of Student Conduct.
        2. Within five business days after receiving the written summary of the incident from the faculty member, the Department Chairperson will contact the faculty member and the student to arrange a formal hearing. The formal hearing will be conducted within two weeks of notification. The Department Chairperson will also notify the Judicial Coordinator of the formal hearing as soon as it is scheduled.

          For online or ITV courses, the Department Chairperson will notify the student of the formal hearing via email. The student will be given five (5) business days to respond to the Department Chairperson's notification.
        3. The Judicial Coordinator will immediately initiate written contact the student to review the student's rights in the judicial process, the allegations against the student, and the hearing procedures. The Judicial Coordinator will inform the student that he or she may select a person of the student's choosing to accompany him or her to the formal hearing. Such a person may act only in an advisory capacity during the formal hearing. Students in online or ITV courses may have this advisory person review the evidence and the student's response.
        4. The Department Chairperson shall consult with the Judicial Coordinator or the Dean of Students regarding the student's due process rights before proceeding with the formal hearing.

          The hearing will be conducted by the Department Chairperson in accordance with the standards provided in the University's Code of Student Conduct. For students enrolled in online or ITV courses, the Department Chair will send the evidence to the student electronically. The student will be given five (5) business days to respond to the email. The Department Chair will review the evidence presented by the faculty and the student's response.

          After the hearing (or review of evidence and online student response), the Department Chairperson will submit written notification of the result of the formal hearing to the appropriate Dean and the Judicial Coordinator with a copy to the student within five business days.
        5. If the student is found not in violation of the academic honesty policy, then the case will be dismissed.
        6. If the student is found in violation of the academic honesty policy, then the student will be required to complete the sanction or sanctions imposed by the faculty member in accordance with the guidelines in Section I A.
        7. The Department Chair will refer the student to the Judicial Coordinator who will place the student on disciplinary probation at least through the next semester in which the student is enrolled at Southeast Missouri State University. If the student is not in good disciplinary standing, the Judicial Coordinator will follow the Code of Student Conduct to determine the appropriate disciplinary sanction.
        8. In addition to the original faculty sanctions, the Chair can impose additional sanctions in accordance with the guidelines in Section I A.
        9. The Department Chair may recommend failing the course, suspension, dismissal or expulsion if he/she believes the incident warrants more severe action than disciplinary probation. These recommendations, along with supporting documentation, will be shared in writing with the appropriate Dean and Judicial Coordinator (with a copy to Dean of Students). The Judicial Coordinator will review documentation, meet with the student, and impose sanctions as warranted.
  3. The Appeals Process
    Either the student or the faculty member may appeal the result of the formal hearing. An appeal must be made within five business days after the decision is rendered. Appeals must be in writing through e-mail, local mail or personal delivery. There are two levels of the appeals process. The All University Judicial Board is the first level and the Provost is the second and final level of appeal. At each level, an appealed case merits being heard based on the following conditions.
    1. An excessive sanction when compared with previous sanctions for similar violations under similar circumstances. *
    2. The discovery of significant new information relevant to the case.
    3. Procedural error regarding the student's rights involving error in the administration of judicial procedures by the faculty, Department Chair or Judicial Coordinator. (before we had office of judicial affairs.
    The appeals process is not for retrying or rehearing a case. Decisions made during the appeals process can result in one of the following.
    1. The sanction being altered based on a finding that the sanction is not consistent with past practice.
    2. A new hearing being granted based on new information.
    3. A new hearing being granted because the Protocol for Adjudicating Alleged Violations of Academic Honesty was not applied appropriately.
    No grade penalty should be assigned by the faculty member until the judicial process determines that an act of academic dishonesty has occurred. If the charges cannot be resolved prior to the end of the current semester, a grade of ‘I' should be assigned pending the outcome of the hearing. The ‘I' will remain on the student's transcript until the charges are resolved. If the charges are still not resolved before the time frame for the ‘I' expires, the faculty member will request from the Registrar's Office an extension of the grade of ‘I'. The faculty member and the Department Chair will be notified of the outcome of the disciplinary case in order to assign a grade for the course. If the student is found not to be in violation of the Academic Honesty Policy, neither the faculty member nor any other member of the University community may take any other action against the student.

    *Specific sanctions in syllabus are not subject to appeal

    Approved by Faculty Senate, Bill 85-A-07, October 9, 1985
    Approved by President, November, 1985
    Approved by Board of Regents, December 5, 1985
    Revised & Approved by Faculty Senate, Bill 03-A-04, April 23, 2003
    Approved by President, April, 2003
    Approved by Board of Regents, May 16, 2003
    Approved by Faculty Senate, Bill 05-A-06, April 20, 2005

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