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Formal Resolution

When a student has a second Academic Integrity Violation, if the student chooses to not take responsibility for an alleged violation, or the faculty member chooses to refer the case to the Office of Student Conduct, the case will be heard by the University Conduct Board.

 

Detailed instructions for the Formal Resolution Process:

  1. Unless a mutual resolution is accepted, the faculty member shall refer the case to a hearing for Formal  Resolution. The faculty member may also refer any case directly to a hearing without the option of a mutual resolution.
  2. The faculty member shall submit all relevant information and any recommended sanction(s) to the Office of Student Conduct within five (5) days of referring the case.
  3. The Director will determine which formal body will address the formal charge(s) by considering the nature of the allegation(s), scheduling, or any extenuating factors.
  4. Written notice of the hearing shall be provided to the student and the faculty member at least five (5) days prior to the hearing date. The notice will include the charge(s) and a brief narrative of the incident.
  5. The Director may postpone the hearing. Written notice of the new hearing date shall be given to the student and the faculty member.
  6. The student and the faculty member may each request one postponement of the hearing. This request must be made in writing to the Director at least two (2) days prior to the hearing. Postponements will generally be granted only in cases of serious student/faculty illness, family emergency, or when a student or the faculty member has a scheduled exam that directly conflicts with the scheduled time.
  7. Cases regarding multiple Respondents or multiple Complainants involved in the same incident may be resolved as a single case only if each Respondent and each Complainant consents in writing to such a proceeding.
  8. If members of the University Conduct Board are not available to serve in a hearing, previous members of the  Board may be utilized.
  9. The Chair or Administrative Hearing Officer is delegated the authority to conduct hearings in a manner designed to effectively and efficiently elicit information needed to make a decision. This includes the authority to review the admissibility of any information, to question witnesses, to limit the length of testimony of any participant if the testimony appears to be repetitious or irrelevant, and to remove any participant who is unruly or disruptive. The Chair is charged with the responsibility to conduct the hearing in a manner that will: 1. ensure a fundamentally fair process; 2. protect the rights of the student and the faculty member; and 3. ensure that participants are treated with respect.
  10. Prior to considering the charges, the Chair or Administrative Hearing Officer shall address: 1. the procedures that will be followed; 2. the hearing being closed to the public; 3. the importance of confidentiality of the proceedings; 4. the University’s commitment to the principle of fundamental fairness; 5. the presumption that the student is not responsible for a violation of this Code until determined otherwise; and 6. whether any Board member or Administrative Hearing Officer wishes to recuse themselves due to a conflict with, bias about, or interest in the case.
  11. Special accommodations may be provided for testimony by alternate methods (e.g., room divider, teleconference, video conference). Such accommodations are at the discretion of the Director.
  12. All hearings will be recorded, and the recordings will serve as the verbatim record. The University retains the sole right to record hearings. No other recordings may be made of the hearings.
  13. All hearings are closed to the public. The student and the faculty member have the right to appear with an advisor in addition to support individuals as described in this Code. The student and the faculty member may confer with the advisor. The advisor may not participate in the proceedings, address any participants with exception of the person they are advising, or, in the sole discretion of the Chair, delay, disrupt, or otherwise interfere with the proceeding.
  14. The student and the faculty member may request that a member of the Board be excluded from the hearing. This request must be made immediately after the introduction of the Board and requires justification. Additionally, a Board member may recuse themselves if they believe there is a conflict with, bias about, or interest in the case. The Chair shall make the final decision whether to exclude any Board member; this decision cannot be appealed. In the case of an Administrative Hearing, this request must be made within two (2) days of the Respondent’s receipt of notice of the Formal Resolution and the identity of the hearing officer. Participation in prior disciplinary proceedings alone will not result in recusal.
  15. The Board, student, and faculty member may ask reasonable questions of any witnesses appearing at the hearing, through the Chair or Administrative Hearing Officer. This is not intended to preclude the introduction of written statements, previously written memoranda, letters, or other written material. When practical, the opportunity for questioning should be afforded; however, other information may be introduced at a hearing even though the author is not present for questioning. Members of the Board or the Administrative Hearing Officer shall attach whatever weight or significance to these documents or statements they deem appropriate.
  16. To determine findings for any alleged violation(s), a vote by the Board will be taken in a closed executive session and will be based solely on the information presented during the hearing. The Board shall base its determination on information that it finds to be reliable, including any assessment of the credibility of information. A vote of “responsible” by a simple majority of the members present, excluding the Chair, shall be required to find the student responsible for any violation(s).
  17. Information regarding any prior academic misconduct may not be introduced or considered in deliberations regarding findings of responsibility.
  18. If the student is found responsible, any information related to the student’s character, including prior academic misconduct, may be introduced and considered by the Board in determining an outcome. The faculty member may offer any recommended outcome(s). This recommendation is not binding on the Board, but will be given such weight as the Board deems appropriate.
  19. Decisions of the Board or the Administrative Hearing Officer are final, unless the Board recommends Expulsion. In cases involving Expulsion, the recommendation will be forwarded as a recommendation to the Provost, who shall make the final administrative decision.
  20. A final decision must be made within ten (10) days of the date of the hearing. Notice of the decision must be delivered in writing to the student and the faculty member within five (5) days of the decision. The notice will include a brief summary of the information upon which the decision is based and shall specify any appeal rights.
 

For more information regarding hearings, please reference the Academic Integrity Code .