1.02 Academic dishonesty is behavior in which a deliberately fraudulent misrepresentation is employed in an attempt to gain undeserved intellectual credit, either for oneself or for another. It includes, but is not necessarily limited to, the following types of cases:

a. Plagiarism - The representation of someone else’s ideas as if they are one’s own. Where the arguments, data, designs, etc., of someone else are being used in a paper, report, oral presentation, or similar academic project, this fact must be made explicitly clear by citing the appropriate references. The references must fully indicate the extent to which any parts of the project are not one’s own work. (For instance, it would be plagiarism to credit someone else with the content of only one paragraph in a paper, when in fact one is borrowing two pages of the paper from this source.) And one must not suppose that only verbatim copying requires crediting. Paraphrasing of someone else’s ideas is still using someone else’s ideas, and must be acknowledged.

b. Unauthorized Collaboration on Out-of-Class Projects - The representation of work as solely one’s own when in fact it is the result of a joint effort.

c. Cheating on In-Class Exams - The covert gathering of information from other students, the use of unauthorized notes, unauthorized aids, etc. It is the responsibility of the instructor to make clear what aids, if any, are authorized for use during an exam.

d. Unauthorized Advance Access to an Exam - The representation of materials prepared at leisure, as a result of unauthorized advance access (however obtained), as if it were prepared under the rigors of the exam setting. This misrepresentation is dishonest in itself even if there are no compounding factors, such as unauthorized use of books or notes. (Note: Access to an exam given in a previous semester and routinely returned to a previous student is not unauthorized access. Nor is it unauthorized access for a student to discuss an exam taken by a student in an earlier section. It is the obligation of the instructor to ensure that access of these sorts does not become an unfair advantage for some students.)

e. Fraudulent Alterations of Academic Materials - Alterations of graded papers, research data, course withdrawal slips, falsifying and altering trial schedules or any other academic material in order to receive undeserved credit or advantage.

f. Knowing Cooperation with Another Person in an Academically Dishonest Undertaking - Failure by a student to prevent misuse of his/her work by others. Care must be taken that exam answers are not seen by others, that term papers or projects are not plagiarized or otherwise misused by others, etc. Even passive cooperation in a dishonest enterprise is unacceptable. This must not, however, be understood to require that a student inform on another student. That is, a student must actively project his/her own work, but he/she is not obliged to report cheating or attempted cheating to anyone.

1.03 The test in any case of suspected academic dishonesty is whether undeserved intellectual credit or advantage is being sought through deliberately fraudulent means.

1.04 Burden of Proof for Allegations of Academic Dishonesty - In the case of an academic dishonesty appeal, the burden of proof rests with the faculty member to demonstrate by clear and convincing evidence that the alleged act(s) of academic dishonesty has occurred. Clear and convincing evidence is a level of proof which may be said to be midway between preponderance of the evidence and beyond reasonable doubt.

1.05 Evidential Standards for Allegations of Academic Dishonesty

a. Experience of the Academic Appeals Board has indicated that the standard of proof requires more than a mere assertion that a student has been involved in dishonesty.

b. In most circumstances, evidence supporting the faculty member’s assertion of academic dishonesty should be presented in the form of (1) documentary evidence or (2) corroborating testimony from other University faculty or staff, or both.

c. Only in instances in which no other supporting evidence is available should other students in a class be utilized as witnesses by a faculty member in support of an allegation of academic dishonesty. In no case should a faculty member base an allegation of academic dishonesty on an allegation by a student which is unsupported either by documentary evidence or observation of the allegedly dishonest conduct by a member of the University faculty or staff.

d. Because the student accused of academic dishonesty has the right to cross-examine the witnesses against him or her, written statements by persons not present at the Academic Appeals Board hearing normally will not be considered by the Board. In the event that a majority of the Board concludes that such written statements are necessary, the record of the case shall contain the reasons for the conclusion.

e. Examples of documentary evidence which have been found acceptable in past cases include examination papers with identical or highly similar answers, particularly when the answer on one or both examinations is incorrect, and when the faculty member can demonstrate that the papers were produced by students seated in close proximity to one another during an examination; written work submitted by the student in which plagiarism is charged when the faculty member can produce the original source(s) from which the work is alleged to have been taken; improper source materials such as notes taken from a student during the course of an examination for which no such notes were allowed; and text materials improperly in possession of a student during the examination. In these situations, the documentary evi dence should be retained by the faculty member. It of course strengthens the faculty member’s case to have another witness to the presence of improper materials during the examination, particularly if there is a dispute as to the presence of the materials.

f. Academic dishonesty requires intent to deceive. The fact that intent is a state of mind rather than an externally observable phenomenon does not present insuperable evidential difficulties. A person’s actions incontext can provide clear and convincing evidence of his/ her guilty intentions, protestations of innocence notwithstanding.

1.06 The examples listed above in no way may be taken to be an exhaustive list of the types of documentary evidence which may be submitted to the Academic Appeals Board; rather they are provided by way of illustration.

Procedures In Cases Of Academic Dishonesty

1.08 Instructor’s Procedure - In instances where the instructor of record has clear and convincing evidence that a student has engaged in dishonest academic behavior, the following procedures will be used:

a. The instructor of record shall discuss the situation as soon as possible with the student, explaining the allegation, the reasons for it, and the disciplinary action(s) being considered, and shall give the student the opportunity to respond to the allegation.

b. If after consultation with the student the instructor of record decides to initiate disciplinary action, he/she may do one or more of the following:

(1) Require the student to complete a substitute assignment or examination

(2) Award a grade of “zero” or “F” for the assignment or examination

(3) Award a reduced grade for the examination, assignment, or course

(4) Award a grade of “F” for the course

(5) Recommend to the Office of Student Conduct that action be initiated for more stringent disciplinary action (e.g., conduct probation, suspension or expulsion) by the University

(6) If such a recommendation is made, the Unit Administrator involved will write a memorandum to the Registrar requesting that the student’s transcript/diploma be withheld until a decision can be made concerning the recommendation.

c. If any disciplinary action is taken, the instructor of record must communicate in writing within ten working/school days the actions taken and the reasons for them to the (1) student, (2) student’s advisor, (3) instructor of record’s department head, (4) student’s academic dean, and (5) Office of Student Conduct.

1.09 Student Appeal - A student alleged to have engaged in academic dishonesty shall have the right of due process and appeal as delineated herein should he/she believe the instructor’s action was unfair. If the student decides to challenge any disciplinary actions not involving a recommendation of suspension or expulsion, he/she may file an appeal with the Academic Appeals Board (see Sec. 3) within ten working/school days of receiving the written notice of action taken by the instructor of record. No disciplinary action may be carried out while a case is being appealed; nor may the student who has been accused of academic dishonesty withdraw from the course while the accusation is pending. If the student is absolved of alleged academic dishonesty, withdrawal from the course with no record appearing on the transcript is allowed.

1.10 The student will use the following procedures in filing an appeal:

a. The student obtains and completes an appeal form. Appeal forms are available from the Office of the Vice President for Academic Affairs and Research. In completing an appeal form, the student must discuss the situation with (1) his/her advisor, (2) the instructor of record, (3) the instructor of record’s department head, and (4) the student’s academic dean or the dean’s designated representative. The completion of this form ensures that appropriate parties have an opportunity to consider the allegation and appeal.

b. The student submits the appeal form to the Secretary of the Academic Appeals Board. The Secretary, who can be contacted in the Office of the Vice President for Academic Affairs and Research (1) gives the student notice of receipt of the appeal, (2) notifies the Office of Student Conduct that an appeal is being made, (3) assembles the verification documents, and (4) transmits the case to the Academic Appeals Board.

1.11 In cases of alleged academic dishonesty where the instructor of record has recommended that the student be suspended or expelled from the University, the Office of Student Conduct shall be responsible for implementing disciplinary action according to University Disciplinary Procedures.* These procedures afford the student the right of due process and appeal; therefore no action is required of the student to appeal the initial recommendation of suspension or explusion made by the instructor of record. In such cases, the Office of Student Conduct shall immediately request that the Academic Appeals Board rule on the student’s guilt or innocence respecting the alleged instance of academic dishonesty. If the Academic Appeals Board finds that an instance of academic dishonesty has occurred, a decision about suspension or expulsion will be made by the Office of Student Conduct. The Academic Appeals Board will decide the appropriateness of any lesser penalty.

1.12 If either the student’s academic dean or the Office of Student Conduct, after reviewing the outcomes of the case, believes in light of previous dishonesty offenses that more stringent disciplinary action is warranted (i.e.) conduct probation, suspension or expulsion from the University), such action may be initiated through the University Disciplinary Procedures. When such additional disciplinary action is contemplated, the student will be afforded the right of due process and appeal.

1.13 When a student is officially notified of a charge of academic dishonesty with a recommendation for more stringent disciplinary action, and if the Unit Administrator involved agrees that the alleged offense merits such a measure, he/she will write a memorandum to the Registrar requesting that the student’s transcript/diploma be withheld until a decision can be made concerning that recommendation.

ACADEMIC MISCONDUCT

a. Failure to observe the rules governing the conduct of examinations through ignorance, carelessness, preoccupation, or psychological stress. (Specific examples: bringing study notes into a closed-book examination, but without the intent or act of consulting them during the examination; failure to stop when time is called at the end of an examination.)

b. Failure to observe strict requirements for the proper identification and citation of sources and supporting ideas in reports and essays. (Specific example: inadvertently incomplete or erroneous attribution of ideas to bibliographically identifiable sources.)

c. Excessive reliance upon and borrowing of the ideas and work of others in a group effort. (Specific example: uncritical acceptance of calculations - perhaps erroneous - in joint laboratory reports in which it is understood that the reports will be prepared jointly.)

*University Disciplinary Procedures are available from the Office of Student Conduct, Student Union, Room 315.

d. The factor distinguishing these and similar events from academic dishonesty is the lack of intent to obtain intellectual advantage by fraudulently violating specific rules and accepted academic standards. If after consultation with the student the instructor of record decides to take disciplinary action, he/she may do one or both of the following:

(1) Require the student to complete a substitute assignment or examination

(2) Award a grade of “zero” or “F” (or a reduced grade) for the assignment or examination

2.02 The student must be clearly notified of any penalty within ten working/ school days of the discovery of the alleged act of misconduct. These penalties can be severe (a zero on an examination, for example) if the student has been properly instructed in the rules and warned of the consequences of violating them; such warning is of course the responsibility of the instructor and calls for care in the writing of the course syllabus.

2.03 Burden of Proof and Procedures for Allegations of Academic Misconduct - Grade reductions for reasons of academic misconduct make no allegations of moral shortcomings and require no further notification of University officials. Student appeals in such cases are to be seen as generally comparable to grade appeals. (See Policy and Procedures Letter 2-0821.) The burden of proof rests upon the student to establish his/her case. This may be done by showing that (1) the student was not clearly notified of the impermissibility of the be havior in question, (2) the penalty was inconsistently administered, or (3) the impermissible behavior did not occur. If the student wishes to argue the third alternative, he/she should be prepared to present corroborating evidence in support of the claim.

ACADEMIC APPEALS BOARD

3.02 The Academic Appeals Board has the final authority to sustain, reduce, or dismiss the disciplinary action (except suspension or expulsion) taken by the instructor of record.

3.03 The procedures for the Academic Appeals Board afford the student and the instructor of record their right of due process by providing them with:

a. Written notification of the time and place of the hearing of the appeal

b. A copy of the appeal verification form

c. The right to appear in person and present their case. Either party may elect not to appear; in this instance, the hearing shall be held in his/her absence. Failure to appear must be noted without prejudice.

d. The right to meet with the Board at the same time, so no further allegations can be made against the student without the student’s knowledge or against the instructor without the instructor’s knowledge

e. The right to be accompanied by an advisor, colleague, or friend

f. The right to call witnesses to assist in establishing facts of the case

g. The right to ask questions and refuse to answer questions

h. The right to an expeditious hearing of the case

i. The right to an explanation of the reasons for any decision rendered

3.04 The decision of the Academic Appeals Board and its justification are communicated in writing within ten working/school days to the (1) student, (2) instructor of record, (3) student’s advisor, (4) instructor of record’s department head, (5) student’s academic dean, and (6) Office of Student Conduct.

3.05 In the event that an academic dishonesty or misconduct appeal shall involve any current member of the Board as a party (either student or instructor), an ad hoc board shall be convened to hear the appeal.

a. The ad hoc board shall be composed of three former chairman or co-chairman of the Academic Appeals Board, selected by the Vice President for Academic Affairs and Research, and one student selected by the Vice President for Academic Affairs and Research on the advice of the President of the Student Government Association (if the appeal involves an undergraduate student) or of the President of the Graduate Student Council (if the appeal involves a graduate student). One of the faculty members shall be designated as chairman of the ad hoc board by the Vice President for Academic Affairs and Research.

b. The ad hoc board shall hear the appeal as soon as is reasonably possible and shall adhere to all rules, regulations, and procedures applicable to the Academic Appeals Board which shall be in force at the time of the consideration of the appeal.

Approved by President Boger: December 4, 1984

Revised: September 1983

December 1984