1982-1983 SENATE DOCUMENT #22 APC DOCUMENT #22 PROPOSED POLICY ON ACADEMIC MISCONDUCT Attached is a policy to modify the Student Academic Grievance Procedure that was passed last year. Rationale for Proposal The grievance procedure very properly puts the burden of proof on the accuser in the case where the student alleges unfair grading, failure to abide by policies and abusive conduct by the instructor. In the case of cheating and plagiarism, however, the accuser is the instructor who should consequently bear the burden of proof. The present policy puts the burden on the student who must prove innocence. The proposed policy addresses this (as outlined in the enclosed article). Proposal 1. Change Senate document #29 (1981-1982): A. Omit entirely the stated item #3 B. Renumber the stated item #4 (on grading practices) as new #3 C. Revise Section C, Step 2 as follows: "If, because of the circumstances of the grievance, it is impractical to consult promptly with the instructor, or if the student is unsatisfied with the results of Step 1, the student must seek the assistance of the Faculty Conciliator within ten class days after the incident, or after the time the student could reasonably be expected to know of the incident. The Conciliator's role is to guide the student through the remaining steps." D. In Section E, paragraph 3, add to the end of the sentence: "and three faculty members." Page 2 2. Add new policy: Charges of Academic Misconduct In the event that an instructor accuses a student of misconduct, the student has the right to a hearing to determine the question of fact. Pursuant to that determination, disciplinary action such as the lowering of a grade due to the alleged action will be held in abeyance. In determining the facts the burden of proof will be upon the instructor who makes the allegation. A. DEFINITION: Academic Misconduct is any act that constitutes cheating or plagiarism. B. PROCEDURES: Step 1. The student shall request a hearing by conferring with the Faculty Conciliator within ten class days of the accusation. Failure to meet this time limit is taken as acknowledgment that the instructor's charge is true and any right to a later hearing is forfeited. Step 2. The Faculty Conciliator will in writing request from the instructor a written statement of the charge, and the nature of the evidence upon which the charge rests. Upon receipt of this, the Conciliator may attempt to resolve the matter directly. Step 3. If this appears to be inappropriate or is unsuccessful, the Conciliator forwards a copy of the instructor's charge to the student and to the Chairman of the Academic Appeals Board. Step 4. The Chairman of the Appeals Board will convene the hearing no sooner than five class days or later than 10 class days after receipt of the statement of charges. At the closed hearing, the instructor as well as the student will be present. Witnesses for either party may be called in to present evidence. After the instructor has presented the charge and supporting evidence, the student has the opportunity to be heard and to present evidence and his explanation of what took place in the matter of academic misconduct. Step 5. The Appeals Board by a simple majority of those present shall determine the question of fact based upon the preponderance of evidence. The Board chairman shall then notify in writing both parties to the Hearing. Page 3 If it is found that the instructor has not proven the case against the student, the Board should indicate in writing that any action taken by the instructor to lower the student's grade or other- wise punish the student on the basis of the original accusation would not be justified by the evidence. A statement of the Board's findings shall be forwarded to the Registrar's Office for inclusion in the student's file. Step 6. If the Appeals Board determines that this is a second offense or more by the student, it may recommend dismissal to the Vice Chancellor for Academic Affairs. C. CATALOG CHANGE: p. 40 Omit entire section on "Academic Dishonesty" Replace with the following: Academic Misconduct Any act of plagiarism or cheating is academic misconduct. A person who knowingly assists another in cheating is likewise guilty of cheating. According to the instructor's view of the gravity of the offense, a student may be punished by a failing grade in the assignment or test, a failing grade in the course or in the case of repeated acts of academic misconduct, the instructor may also recommend to the Vice Chancellor for Academic Affairs dismissal or other serious university sanction. A student accused of academic misconduct has the right to a hearing before the Academic Appeals Board. A request for this hearing should be made to the Faculty Conciliator who will advise the student further of his or her rights and will make the arrangements for the hearing. This request for a hearing must be made witin ten days of the accusation of academic misconduct.