OFFICE OF THE SENIOR VICE PRESIDENT AND
PROVOST
The University of Oklahoma
Norman Campus
= = = = = = = = = = = = = = = = = = = =
M E M O R A N D U M
TO: Ed Cline, Chair, Faculty
Senate
FROM: Greg Heiser, Assistant Provost
DATE: January 17, 2003
SUBJECT: Proposed amendments to the Academic
Misconduct Code
Attached
for your review is a proposed revision of the Academic Misconduct Code for the
Norman Campus (excluding Law). I hope
faculty and students will welcome one change in particular, which is intended
to make the system more flexible and responsive to student and faculty needs.
Currently
when misconduct is discovered the faculty member must file a charge and wait
for the matter to be resolved institutionally before assigning any grade
penalty or requiring any additional or makeup work, whether or not the student
is willing to accept such a resolution.
In recent years we have received comments from both faculty and students
that a shorter and simpler process would be preferable for minor offenses.
This
proposed amendment makes that possible by permitting an instructor to assign a
grade penalty up to a zero on the assignment without first filing a
charge. The condition is, prior to
assigning the penalty the faculty member must make reasonable efforts to inform
the student what the problem was, what the penalty is, and how the student can
appeal. Also the faculty member is
asked to report the incident so that repeat offenses can be tracked.
The
attached revision, in underline-strikeout form, reflects the above proposal in
addition to a number of other editorial changes. It is the result of discussions among this office, Student
Affairs, and Legal Counsel. It is also
being sent to UOSA for review. I hope
that the Faculty Senate will find merit in this revision, and I look forward to
discussing it with you this semester.
attachment
cc: Ms. Suzette Dyer, Campus Judicial
Coordinator
Mr. Kurt Ockershauser, Associate
Legal Counsel
Ms. Amanda Wrede, UOSA Academic
Affairs Committee
~~~~~~~~~~~~~~~~~~~~
5/5/03
FACULTY
HANDBOOK, NORMAN CAMPUS
13. Appendix
D: Academic Misconduct Code, Norman
Campus
(Excluding Law)
STEPS IN A CASE OF ACADEMIC MISCONDUCT
STEP 1. Incident of alleged academic
misconduct is discovered.
STEP 2. The faculty or staff member
discovering the incident notifies the appropriate dean of the incident and, if
applicable, of the grade penalty to be imposed if the allegation proves
correct.
STEP 3. The dean notifies the Campus
Judicial Coordinator of the charge of academic misconduct.
STEP 4. The
Campus Judicial Coordinator notifies the student of the charges and a
conference is scheduled.
STEP 5.1 After
discussing the charges, academic misconduct process, possible sanctions, and
the student's rights and responsibilities with the Campus Judicial Coordinator,
the student may:
A. Deny the charges and request a formal hearing before the
appropriate Academic Misconduct Board (AMB).
PROCEED TO STEP 6.
B. Admit to the charges and express extenuating circumstances,
if any. The Campus Judicial Coordinator informs the student's dean, the budget
dean, and the instructor, where applicable.
PROCEED TO STEP 9.
STEP 5.2 (Optional) If, after conferring with the Campus Judicial Coordinator, the
student wishes to meet with the person who initiated the charge and that person
agrees, the Campus Judicial Coordinator will arrange the meeting. Following that meeting, the student may, if
the student has not done so already:
A. Contest the charges and make a written request to the Campus
Judicial Coordinator for a hearing as described in Section 4.1.A within the
time limits for such a request;
B. Admit to the charges and so inform the Campus Judicial Coordinator,
who will initiate the action described in Section 4.1.B.
STEP 5.3 The person initiating the charge may
withdraw the charge at any time prior to commencement of a hearing by the AMB
or, if no hearing is held, imposition of a
final sanction, in which case the matter is ENDED.
STEP 6. When a hearing has been requested,
the case shall be heard by the AMB of the appropriate college.
STEP 7. If the AMB finds that the facts do
not support the allegation, the charge will be dismissed.
STEP 8. If the AMB finds that the facts do
support the allegation, the charge will be upheld. The AMB also shall make a separate recommendation as to what
disciplinary sanctions it feels are most appropriate. This finding and
recommendation will be communicated to the student's dean, who shall in turn
notify the appropriate parties.
STEP 9. Grade penalty, if any, is
implemented.
STEP 10. The student's dean determines what
disciplinary sanction, if any, is to be recommended to the Senior Vice
President and Provost. The dean shall also send the AMB recommendations to the
Senior Vice President and Provost when a hearing has been held.
STEP 11. The Senior Vice President and Provost
determines what disciplinary sanction, if any, will be implemented and
implements that sanction.
STEP 12. Appeals as to procedural
irregularities shall be made to the Senior Vice President and Provost.
1. GENERAL PROVISIONS
1.1 BASIC PRINCIPLE OF HONESTY
Honesty is a fundamental precept in all academic
activities, and those privileged to be members of a university community have a
special obligation to observe the highest standards of honesty and a right to
expect the same standards of all others. Academic misconduct in any form is
inimical to the purposes and functions of the university and therefore is
unacceptable and rigorously proscribed.
1.2 DEFINITIONS
1.2.1 Academic Misconduct. Any act which
improperly affects the evaluation of a student’s academic performance or
achievement., including but not limited to the following: The following terms illustrate but do not
delimit or define academic misconduct:
(a) Cheating: the use of unauthorized materials, methods, or
information in any academic exercise, including improper collaboration;
(b) Plagiarism: the representation of the words or ideas of
another as one’s own, including:
(1) direct quotation without both attribution and indication that
the material is being directly quoted, e.g. quotation marks;
(2) paraphrase without attribution;
(3) paraphrase with or without attribution where the wording of
the original remains substantially intact and is represented as the author’s
own;
(4) expression in one’s own words, but without attribution, of
ideas, arguments, lines of reasoning, facts, processes, or other products of
the intellect where such material is learned from the work of another and is
not part of the general fund of common academic knowledge;
(c) Fabrication: the falsification or invention of any
information or citation in an academic exercise;
(d) Fraud: the falsification,
forgery, or misrepresentation of academic work, including the resubmission of
work performed for one class for credit in another class without the informed
permission of the second instructor; or the falsification, forgery or
misrepresentation of other academic records or documents, including admissions
materials and transcripts; or the communication of false or misleading
statements to obtain academic advantage or to avoid academic penalty;
(e) Destruction, misappropriation or unauthorized possession of
University property or the property of another;
(f) Bribery or intimidation;
(g) Assisting others in any act proscribed by this Code; or
(h) Attempting to engage in such acts.
1.2.2 Budget Dean. The dean of the college in which
the academic unit offering the course at issue is budgeted.
1.2.3 Code. The Academic Misconduct Code of the
Norman Campus.
1.2.4 Date of Service.
(a) When service is in person, the date the notice is actually
delivered to the student, as noted on the return copy;
(b) When service is by mail, the date determined as follows:
(1) if notice is “signed for,” the date the notice was “signed
for” as indicated on the return mail receipt; or
(2) if notice is not “signed for,” the date of return to the Campus
Judicial Coordinator of the mail
receipt, unless notice was sent to an address other than that last provided by
the student to the Office of Admissions and Records as his or her current
address.
1.2.5 Instructor. The faculty member or other person primarily responsible for
instructing a particular course.
1.2.6 Regular Class Day. Any day, Monday through Friday, on which the
University holds regularly scheduled classes, or regularly scheduled final
examinations, except for Intersession classes.
1.2.7 Student’s Dean. The Dean of the College to which the student has been admitted.
1.3 RESPONSIBILITY FOR KNOWING THE CODE
It is the responsibility of each instructor and each
student to be familiar with the definitions, policies, and procedures concerning
academic misconduct, and unfamiliarity with the Code shall not alter any rights
or responsibilities provided herein.
2 REPORTING ACADEMIC MISCONDUCT
2.1 WHO MAY FILE
Any University administrative, faculty, or staff
member may bring a complaint of academic misconduct by submitting a written
report as provided hereafter. Students
who identify an act of academic misconduct should report that act to an
administrative, faculty, or staff member so that a complaint may be filed.
2.2 INVESTIGATION OF MISCONDUCT
Before imposing a grade penalty or filing a
complaint of academic misconduct, the faculty or staff member may shall
initiate a preliminary inquiry to determine whether misconduct has
occurred. During the course of this
inquiry the faculty or staff member may discuss the matter with the student
suspected of misconduct and with others who may have relevant information. The faculty or staff member should not
promise to take or refrain from taking any action, except for the filing in
good faith of an academic misconduct complaint, to induce a student’s
participation in the inquiry. Under no
circumstances should a faculty or staff member agree to refrain from
investigating possible academic misconduct, to refrain from filing a complaint,
or to withdraw a complaint once made in exchange for the student’s acceptance
of any penalty, including without limitation grade reduction or additional
assignments.
2.3
ACTION BY INSTRUCTOR: ADMONITION
2.3.1 An instructor may conclude that an incident that meets the
definition of misconduct under sec. 1.2.1 nevertheless merits an admonition
rather than a disciplinary penalty as defined in Section 7 of this Code. In particular, an instructor might conclude
(but is not required to conclude) that the incident is more appropriately
treated as an instructional rather than a disciplinary matter. When the instructor concludes that an
admonition is the more appropriate action, the instructor may elect to reduce a
student's grade and/or require additional, remedial academic work without first
filing a charge of academic misconduct, subject to the following limitations
and conditions:
(A) The admonition option is intended for assignments
and examinations that do not involve a semester-long activity and the incident
in question is not of an egregious nature.
The instructor may not use the admonition option for an incident of misconduct
on a final examination, a term paper or project, an examination that determines
the status of graduate students (e. g., qualifying, candidacy, general,
comprehensive and certification examinations and defenses of theses and
dissertations), a master's thesis, or a doctoral dissertation;
(B) An instructor who elects to use the admonition
option may impose no grade reduction greater than loss of all credit for the
assignment; and,
(C) An instructor who elects to use the admonition
option must do the following before imposing the grade reduction or other
requirement: (1) inform the student of the nature of and basis for the
misconduct; (2) give the student an opportunity to explain; (3) admonish the
student and explain the grade reduction or other requirement to be imposed; (4)
where appropriate, instruct the student to resolve any confusion the student
may have had regarding what constitutes proper academic conduct; and (5) inform
the student how to appeal the decision.
Notice of procedures for appeal shall be provided in writing; such
notice shall be presumed adequate if provided in the course syllabus with a
reference to the information published by the Provost on the consequences of
accepting the admonition and the procedures for appeal.
2.3.2 Unless the Provost imposes a disciplinary penalty as
described below, a student who accepts an admonition and resulting grade
reduction under this subsection shall not be deemed to have admitted guilt for
an act of academic misconduct; provided, the record of the admonition may be
used in any subsequent academic misconduct proceeding, as appropriate, to
establish the student's prior familiarity with the fundamental rules of
academic integrity.
2.3.3 The instructor shall notify the Campus Judicial Coordinator
of the incident, ordinarily within 15 regular class days of discovery. The Campus Judicial Coordinator shall
forward notice of the incident to the budget dean, the student's dean, and the
Provost, ordinarily within 15 class days of receipt of notice from the
instructor.
2.3.4 In cases of repeated offenses or otherwise as appropriate, the
Provost may announce a disciplinary penalty as provided in section 7. Prior to imposing such a sanction the
Provost shall send notice to the student via the Campus Judicial Coordinator,
ordinarily within 15 class days of receipt of notice from the budget dean but
in no case more than 45 regular class days after discovery of the
incident. Notice of the Provost's
intent to impose a sanction shall be treated as a "complaint" for
purposes of notice and hearing as provided in Sections 3 and 4 of this Code, and
the disciplinary penalty shall not be imposed until the student is permitted
the opportunity to respond as provided in sections 4 and 5 of this Code.
2.3.5 The student may contest the admonition by contacting the Campus
Judicial Coordinator within fifteen (15) regular class days from the date of
the instructor's notice to the student and scheduling a meeting as provided
below in Section 3. Provided, where the
Provost announces a disciplinary penalty, the student may contest the complaint
and any fact alleged therein by contacting the Campus Judicial Coordinator
within fifteen (15) regular class days of receiving notice of the proposed
disciplinary penalty, notwithstanding the student's prior acceptance of the admonition. If the admonition or complaint is contested,
the student retains all rights afforded under this Code to any student against
whom a complaint is filed, including without limitation the right to
representation, hearing, appeal, and the assignment of a neutral grade while
the matter is pending.
2.32.4 NOTIFICATION OF BUDGET DEAN, STUDENT’S DEAN, OR DIRECTOR OF
ADMISSIONS THE CAMPUS JUDICIAL COORDINATOR
All complaints shall be made in writing, ordinarily
within fifteen regular class days of discovery, as follows: to the
Campus Judicial Coordinator. Complaints
shall include the name of the student, the class in which the misconduct
occurred if applicable, the date on which the incident was discovered, a brief
description of the incident, and the grade penalty to be imposed if applicable.
(a) If the misconduct involves a particular course, the complaint
shall be made to the Budget Dean and, if filed by an instructor, shall include
the grade penalty to be imposed if the allegation proves correct, although the
penalty may be changed for good cause at any time prior to implementation;
(b) If the misconduct involves more than one college or no
particular class (e.g., misconduct involving admission to the college, graduate
theses, etc.) the complaint shall be made to the Student’s Dean.
(c) If the misconduct arises in an attempt to be admitted to the
University, the complaint shall be made to the Director of Admissions.
3 NOTICE TO THE STUDENT
3.1 NOTIFICATION OF CAMPUS JUDICIAL
COORDINATOR
Within fifteen (15) regular class days of receipt,
the appropriate dean or director (as provided in Section 2.2) shall send
written notice of the complaint to the Campus Judicial Coordinator, describing
the alleged act and the grade penalty, if any, determined by the instructor.
3.2 3.1 NOTIFYING THE STUDENT
Ordinarily Wwithin fifteen (15) regular class
days of receipt from the complaining party, but in no event more than thirty
(30) regular class days from discovery of the incident, the Campus Judicial
Coordinator shall notify the student of the complaint in writing which shall be
served on the student in person or by mail.
3.2.1 3.1.1 CONTENTS OF
NOTICE
The notice shall include a summary of the
allegations, notification of the mandatory meeting described in Section 4.1,
and a description of the student's right
(a) to a
hearing with adequate notice; and
(b) to have counsel by an attorney at the student's expense or to
seek counsel at no cost from the University of Oklahoma Student Association (UOSA);
and to refrain from further discussing the matter or from making any further
statement regarding the matter.
3.2.2 3.1.2 RECEIPT OF
NOTICE BY MAIL
When service is by mail, the Campus Judicial
Coordinator shall enclose the notice of
charges in an envelope, postage prepaid, and mail the letter by certified mail,
return receipt requested, to the student at the student's permanent or local
address (as appropriate) on file in Admissions and Records. When the above
steps have been taken, the return receipt, whether signed or not, shall be
deemed sufficient evidence that the student has been properly served and it
shall be presumed that the student has received and read the notice.
3.3 SCHEDULING OF CONFERENCE WITH CAMPUS JUDICIAL COORDINATOR
Within two (2) regular class days of the date of
service, the student shall contact the Campus Judicial Coordinator and schedule
a conference to discuss the matter as provided in § 5.1.
3.4 DEFAULT
If the student fails to respond within the prescribed
time or fails to meet as directed, the student shall be in default and thereby
waives the right to all University hearings, appeals, and challenges. In the
event of a default at this point, the Campus Judicial Coordinator shall notify
the student's dean, who shall confirm imposition of grade sanctions and make
recommendations for disciplinary sanctions.
3.5 CONTINUED ENROLLMENT PENDING RESOLUTION
A student may continue his or her regular enrollment
in the University pending administrative resolution of misconduct allegations. However, while a question of academic
misconduct exists, a student may not graduate or receive a transcript without
approval of the Senior Vice President and Provost or his or her designee, and any transcript released during such period
shall bear a notation that academic misconduct proceedings are ongoing.
4 RESPONSE BY STUDENT
4.1 CONFERENCE BETWEEN STUDENT AND THE CAMPUS JUDICIAL COORDINATOR
A student charged with academic misconduct shall meet
with the Campus Judicial Coordinator or his or her designee. The Campus
Judicial Coordinator shall describe the academic misconduct process, possible
sanctions, and the student's rights and responsibilities under this Code. At
the conclusion of the conference, the student may:
(a) deny the charges--If the student denies the charges and
wishes a hearing to contest them, the student must submit a written request for
such a hearing to the Campus Judicial Coordinator within two (2) fifteen
(15) regular class days of the conference with the Coordinator. The Campus Judicial Coordinator shall
forward the request to the appropriate college within fifteen (15) regular
class days. Failure to request a
hearing within the prescribed time shall waive the student's right to any
University hearings, appeals, or challenges of the charges or of any sanctions
imposed as a result of the academic misconduct.
(b) admit the charges--If the student admits to the charges, the
Campus Judicial Coordinator will inform the student's dean, the budget dean,
and the instructor; also, the chair of the instructor's academic unit, where
applicable. The instructor shall thereafter impose grade sanctions, and the
student’s dean shall make his or her recommendation for further sanctions, if
any. Provided, however, that if the student admits to the charges but wants to
confer with the dean or to submit written statement concerning extenuating
circumstances affecting disciplinary sanctions, the student may do so only if
done within five (5) regular class days of the date of admission of the
charge. Failure to do so within the
five (5) regular class days will result in the dean making his or her
recommendation without such information.
4.2 OPTIONAL MEETING BETWEEN STUDENT AND PERSON INITIATING THE
CHARGE
Nothing herein is intended to preclude the student
from discussing the incident with the person initiating the charge, if that
person agrees; in fact, such a discussion is encouraged. However, once a charge
is filed, such a meeting should be scheduled only after conferring with the
Campus Judicial Coordinator, who will arrange the meeting if agreeable to the
parties involved. It should be
understood that any such meeting shall not extend the period of time for
requesting a hearing.
If, after the student meets with the charging party, the
student wishes:
(a) To contest the charges and has not already done so, the
student must comply with the requirements for submitting the written request to
the Campus Judicial Coordinator, as set forth in Section 4.1(a) above.
(b) To admit to the charges and has not already done so, the
student may do so by so informing the Campus Judicial Coordinator, who will
then initiate the action as outlined in Section 4.1.b above.
4.3 WITHDRAWAL OF CHARGE
It should be understood that the person initiating
the charge of academic misconduct may withdraw the charge at any time prior to
commencement of a hearing by the AMB or, if no hearing is held, imposition of a
final sanction. This is effected by sending written notice to the dean who
notified the Campus Judicial Coordinator of the charge in the first place. That dean shall then inform, in writing, the
Campus Judicial Coordinator and any others who need to know that the charge has
been withdrawn.
5 ACADEMIC MISCONDUCT HEARINGS
5.1 ACADEMIC MISCONDUCT BOARDS
Each college shall establish an Academic Misconduct
Board (AMB) consisting of two students and three members of that college's
faculty to hear each case. Membership
of the Board shall be drawn from a pool of faculty and students. The faculty members of the AMB and the terms
for all members shall be determined by the faculty of the college. Student members shall be appointed or
selected from nominations submitted by appropriate student organizations. When an AMB cannot be constituted from the
existing pool, the dean of the college may approve faculty and students from
within or outside the college to serve as ad hoc AMB members. An AMB may be assisted by a non‑voting
faculty or staff person appointed by the dean of the college who shall exercise
responsibility for the Board in administrative matters, such as scheduling of
cases, notification of hearings and decisions, and maintenance of records.
5.2 WHICH BOARD SHALL HEAR THE CASE
In a case in which a hearing has been requested, the
facts of the case shall be determined by the Academic Misconduct Board (AMB) of
the college in which the department offering the course is budgeted. If no particular course is involved, the
case shall be heard by the AMB of the college in which the student is enrolled
or the AMB chosen by the student's dean when the student is not enrolled in a
degree‑recommending college.
Cases involving graduate‑level theses, dissertations, or
qualifying comprehensive examinations shall be heard by the AMB of the Graduate
College.
5.3 SCOPE OF HEARING
The focus of inquiry shall be the guilt or innocence
of those accused of academic misconduct. The board will consider the
information and arguments presented, make findings of facts of matters in
dispute, and determine whether the student did engage in academic
misconduct. The board will also hear
all evidence and argument concerning extenuating circumstances that may affect
decisions about what disciplinary sanctions, if any, might be imposed.
5.4 HEARING PROCEDURES
(a) Once a request for a hearing has been received by the
College, the AMB shall convene within twenty (20) regular class days, excluding
Intersession, except that the Senior Vice President and Provost or his or her
designee may grant extensions of this time upon receipt of a request from the
student, the complainant, or the college responsible for holding the
hearing. No faculty member shall be
obligated to participate in a hearing scheduled outside the faculty member’s
appointment period.
(b) If the Provost grants the request, release of transcripts
during the extension shall be permitted as follows:
(1) If the request was made by the student, the provisions of
section 3.5 regarding graduation and the release of transcripts shall remain in
effect.
(2) If the request was made by the complainant or the college,
notwithstanding the provisions of section 3.5, during the extension period the
student may receive transcripts without notation of the pending case.
(c) Written notification of a hearing must be distributed at
least five (5) regular class days in advance of the hearing date, and should
include:
(1) The
authority for the hearing and the hearing body;
(2) Reference to the specific rule or rules
involved;
(3) Date, time, nature, and place of the
hearing;
(4) A brief
factual statement of the charges and issues involved.
(d) Students who fail to appear after proper notice will be
deemed to have pled guilty to the charges against them.
(e) Parties must provide, upon request by College, the Board or
the opposing party, the name of any counsel who will be present at the hearing
and a list of witnesses to be called in the hearing, along with the nature of
their expected testimony, and must allow examination of any documents to be
submitted in the hearing. Failure to
disclose such information in a reasonable and timely manner may be grounds for
delaying the hearing, suspending the provisions of this section concerning
transcripts and graduation, and, in the case of repeated or egregious
noncompliance, dismissing the case or declaring guilt by default. The college holding the hearing may adopt
such other procedural rules as it deems necessary and proper to expedite
hearings and promote fairness.
(f) Hearings will be closed to the public and shall be
confidential, although an open hearing may be held at the discretion of the
AMB, if agreed by all parties.
(g) The presiding officer of each board shall exercise control
over the hearing to avoid needless consumption of time and to prevent
harassment or intimidation.
(h) Hearings
shall be tape recorded.
(I) At the beginning of the hearing, any party may challenge any
board member, one at a time, on the grounds that he or she is unable to give the
student a fair and impartial hearing. The remaining members of the hearing body
shall decide the challenge by secret ballot. However, if the entire board is
challenged, the entire board shall rule on the challenge. The hearing will continue if at least two
faculty members and one student remain.
(j) Witnesses
shall be asked to affirm that their testimony is truthful.
(k) Prospective witnesses other than the complainant and the
student may be excluded from the hearing during the testimony of other witnesses.
All parties, the witnesses, and the public shall be excluded during board
deliberations.
(l) The burden of proof shall be upon the complainant, who must
establish the guilt of the respondent by a preponderance of the evidence.
(m) Formal rules of evidence shall not be applicable in these
proceedings. The presiding officer of each board shall give effect to the rules
of confidentiality and privilege.
(n) The board shall not receive or consider arguments about the
legality of any provision under which a charge has been brought or the legality
of the procedures under which the hearing is proceeding. Such questions should
be presented in writing to the Senior Vice President and Provost.
(o) All parties shall have reasonable opportunity to question witnesses
and present information and argument deemed relevant by the board.
(p) Final decisions of all AMBs shall be by majority vote of the
members present and voting. The final decisions shall contain a written
statement setting forth with reasonable particularity, findings of fact, the
decision on each of the charges, its recommendations for disciplinary
sanctions, and the reasoning behind these decisions. These materials shall be transmitted as described in section 5.5,
together with the AMB's record of the proceedings and a summary.
(q) Depending upon the gravity of the case, the board, at its
discretion, may require the parties to submit written briefs and responses,
including supporting documents, setting forth the respective positions dealing
with all issues.
5.5 RESULTS OF THE HEARING
5.5.1 DISMISSAL OF CHARGES BY THE AMB
If the AMB finds that the facts do not support the
allegation, the charges will be dismissed. The chair of the AMB shall transmit
the decision in writing to the appropriate deans and the Campus Judicial Coordinator within fifteen
(15) regular class days of the conclusion of the hearing. All other AMB records
of the case shall be destroyed after twenty (20) regular class days of such transmittal. The Campus Judicial Coordinator shall then
notify the student in writing of the decision of the AMB. The matter is then
ENDED.
5.5.2 WHEN FACTS SUPPORT ALLEGATIONS AGAINST THE
STUDENT
5.5.2.1 AMB ACTION
If the AMB finds that the facts support the allegations
against the student, the student shall be found guilty. After a finding of
guilt, it is the duty of the AMB to recommend appropriate disciplinary
sanctions. Some relevant factors the AMB may consider in determining a sanction
recommendation include, but are not limited to:
(a) The
facts that have been presented to the AMB at the hearing;
(b) Any mitigating or extenuating circumstances that have been
presented by any party during the hearing;
(c) Prior academic misconduct on the part of the student.
After weighing all factors it considers relevant, the
AMB shall recommend disciplinary sanctions to the student's dean. The AMB's
findings and recommendations shall be made in writing within fifteen (15)
regular class days of the conclusion of the hearing.
5.5.2.2
DEAN’S ACTION
(a) Based upon the facts of the case and any relevant factors,
the student's dean shall determine if any disciplinary sanction is to be
recommended to the Senior Vice President and Provost. If the recommendation of the student's dean differs from that of
the AMB, the dean shall provide in writing the reasoning for his or her
recommendation.
(b) The student's dean shall, within fifteen regular class days
of receipt of the AMB’s report, send to the Senior Vice President and Provost
in writing:
(1) the
AMB's record of proceedings, including a summary if a hearing was held;
(2) the written decision and recommendation of the AMB holding
such a hearing; and
(3) the dean’s recommended sanction.
(c) Within fifteen regular class days of receipt of the AMB’s
report, the student’s dean shall also notify the appropriate parties of the
AMB’s findings and recommendations.
These parties may include the student, the counsel for the student (if
any), the budget dean, (if different from the student's dean), the faculty or
staff member who notified the budget dean of the incident, the counsel for the
University, and the Campus Judicial Coordinator.
6 GRADE PENALTIES
6.1 IMPOSITION OF GRADE PENALTIES
An instructor has an
obligation to impose grade penalties once the charge is upheld. These penalties may include, but are not
limited to:
(a) Requiring
the student to complete a substitute assignment or examination.
(b) Awarding
the student a failing grade on the examination or paper or on those portions of
it on which he or she was engaged in academic misconduct.
(c) Lowering
the student's final grade in the course or award a failing grade of
"F".
The weight of the grade penalty as calculated in the
final grade may exceed the weight of the work in which the misconduct occurred.
6.2 APPEAL
Grade sanctions may not be appealed except under
Title 14 of the Student Code, “Academic Appeals.”
7 DISCIPLINARY SANCTIONS
The disciplinary sanctions noted below may be
recommended by the AMB and/or the student's dean to the Senior Vice President
and Provost. The examples are illustrative of each category of disciplinary
sanctions, are not intended to be totally inclusive, and omission of a
particular act shall not be construed as indicating that such an act is
acceptable or appropriate. Furthermore, the acts described do not need to
result in the disciplinary sanctions noted if judgments suggest otherwise.
7.1 CENSURE
A written reprimand for violation of acceptable standards
of academic conduct. This action takes formal notice of the student's act of
academic misconduct and provides a formal warning that a further act of
academic misconduct will result in far more severe action. Censure shall not be noted on a student's
transcript, but will be noted in the Student Affairs Office. Records of censures shall not be released
outside the University except as required by law. Copies of the letter of censure shall be provided to the student,
the Student Affairs Office, the student's dean, the budget dean (if different
than the student's dean), and, if applicable, the chair of the department in
which the course is taught, and the instructor.
The sort of academic misconduct which might result in
censure might be a case in which a student has copied on an examination and in
which it seems that the cheating was the result of momentary panic. There would
be no reason to suppose that the student had planned to cheat and there would
be no prior record of academic misconduct.
7.2 COMMUNITY SERVICE ALTERNATIVE
In appropriate cases, a student may be allowed to
perform voluntary community service in lieu of suspension and may, upon
satisfactory completion, receive a lesser sanction. No student may be compelled to perform community service as part
of any sanction imposed under this Code.
In the event that a student accepts a community service alternative, the
terms and duration of such service shall be approved by the Senior Vice
President and Provost.
The sort of academic misconduct which would result in
the offer of the community service option would be a case in which mitigating
factors counsel against the imposition of a limited notation suspension.
7.3 LIMITED NOTATION SUSPENSION
Suspension from classes and other privileges for a
period of not less than one full session.
During this period, the student will not be allowed to earn credits for
transfer to the University of Oklahoma from any other institution. Any credits
earned at another institution during a period of suspension shall not be
recorded in the student's OU transcript and shall not count in any manner. A notation of suspension for academic
misconduct shall be made on the student's transcript. However, in the case of limited notation, such transcript
notation shall be removed upon the student's graduation from the University or
four years from the date of the suspension, whichever comes first.
The sort of academic misconduct that might result in
limited notation suspension might be a case of classroom cheating involving
some prior planning, or some cases of plagiarism in which it seems that the
plagiarism may have occurred partially because of mitigating circumstances.
7.4 PERMANENT NOTATION SUSPENSION
Suspension from classes and other privileges for a
period of not less than one full session.
During this period the student will not be allowed to earn credits for
transfer to the University of Oklahoma at any other institution. Any credits
earned at another institution during a period of suspension shall not be recorded
in the student's O.U. transcript and shall not count in any manner. A notation
of suspension for academic misconduct shall be made on the student's
transcript. In the case of permanent notation, there will be no time limit to
such transcript notation.
The sort of academic misconduct which might result in
permanent notation suspension might be a case in which knowing and substantial
plagiarism has occurred, or a case of classroom cheating in which it is
determined that extensive collaboration or planning was involved, or other
cases substantially involving one or more aggravating factors such as planning,
collaboration, or concealment.
7.5 EXPULSION
Termination of student status for an indefinite
period, usually intended to be permanent.
A notation of expulsion for academic misconduct shall be made on the
student's transcript. Such notation shall be a permanent notation. If a student
is reinstated after an expulsion, it is only after a complete reconsideration
of his or her case.
The sort of academic misconduct which might result in
expulsion might be a case in which: the student has been involved in a prior
incident of academic misconduct; the student has submitted to the University
forged documents such as transcripts; a student has taken someone else's
examinations or arranged for someone else to take his/hers; commercial term
papers have been submitted; examinations, grade books, grade sheets, or other
instructor possessions have been stolen, copied, or otherwise utilized; or
destruction of the academic work of others or intimidation has been used in an
attempt to influence the academic process.
7.6 RECORDS OF SANCTIONS AND ADMONITIONS
Records of sanctions shall be maintained as
follows:
(a) Records of admonitions and the sanction of Censure shall
be maintained for four years, subject to review as provided in part (c) of this
section. Records of grade penalties
shall be maintained permanently.
(b) Records of disciplinary sanctions other than
Censure shall be maintained permanently, subject to review as provided in
part (c) of this section.
(c) Students and former students who have received a disciplinary
sanction for academic misconduct may at any time request that the record be
removed from their student file. This
is an extraordinary step requiring a showing of good cause by the student. The request, along with the reasons
therefor, must be submitted in writing to the Senior Vice President and
Provost.
7.7 DETERMINATION OF DISCIPLINARY SANCTION AND ITS IMPLEMENTATION
It shall be the responsibility of the Senior Vice
President and Provost to review the materials sent by the student's dean and to
determine and implement the appropriate action and disciplinary sanctions.
Implementation of the appropriate action or
disciplinary sanctions by the Senior Vice President and Provost shall end the
process. The Senior Vice President and Provost shall attempt to inform the
student in writing of the action being taken.
A letter to the student at the address last provided the University by
the student shall be sufficient to meet this
requirement. Copies of the
letter may also be provided other parties who have a legitimate need to know of
the action.
8 POST-SANCTION PROCEDURES
8.1 GROUNDS FOR APPEAL
The decision of the AMB as to the facts shall be
final and not appealable within the University; unless
(a) it can be established that specified procedural
irregularities were so substantial as to effectively deny the student a fair
hearing; or
(b) new and significant evidence becomes available which could
not have been discovered by a reasonably diligent student before or during the
original hearing.
8.2 APPEAL PROCEDURES
Appeals based on procedural irregularities or new
evidence shall be made in writing to the Senior Vice President and
Provost. Consideration of such appeals
may be made by the Senior Vice President and Provost upon the basis of written
statements and such other evidence as the Senior Vice President and Provost may
require. Harmless deviations from
prescribed procedures may not be used to invalidate the decision or
proceeding. Technical departures from
these procedures and errors in their applications shall not be grounds to
withhold disciplinary action unless, in the opinion of the Senior Vice
President and Provost, the technical departure or errors were such as to have
prevented a fair determination of the issues.
8.3 REHEARING AND PETITION FOR REVIEW
For questions of rehearing, see the Oklahoma
Administrative Procedures Act, Section 317. In all
cases, the President and the Board of Regents of the University reserve the
right to review, at their discretion, any decision of a hearing body for
manifest error or inequity.
9 ACADEMIC MISCONDUCT IN OFF-CAMPUS COURSES
The principles of academic integrity, due process,
and confidentiality apply fully in all courses offered by any Norman Campus
academic unit. When an allegation of
academic misconduct arises in a course in which instruction is primarily given
or received in a place other than the Norman Campus, procedures shall be
employed which protect the rights of all parties as provided by law, the
Faculty Handbook, and the Student Bill of Rights. The definition of academic misconduct in such classes and the
procedure for filing a charge shall be the same as those for the Norman
Campus. Procedures for notification,
hearing, appeal, and sanction shall be determined and published by the Senior
Vice President and Provost. Such
procedures shall provide a charged student with a reasonable opportunity to
employ the Norman Campus procedures on the Norman Campus, provided that all
travel and related costs shall be borne by the student.
(Regents,
6-9-98)