OFFICE OF THE SENIOR VICE PRESIDENT AND PROVOST
The University of Oklahoma
= = = = = = = = = = = = = = = = = = = =
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.
cc:††††††† Ms. Suzette Dyer, Campus Judicial Coordinator
††††††††††† Mr. Kurt Ockershauser, Associate Legal Counsel
††††††††††† Ms. Amanda Wrede, UOSA Academic Affairs Committee
FACULTY HANDBOOK, NORMAN CAMPUS
13.†††††† Appendix D:† Academic Misconduct Code, Norman Campus
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.
1.2.1†††† Academic Misconduct. Any act which
improperly affects the evaluation of a studentís academic performance or
, 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 oneís 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 authorís own;
(4)††††††† expression in oneís 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 ďsigned for,Ē the date the notice was ďsigned forĒ as indicated on the return mail receipt; or
(2)††††††† if notice is not ďsigned for,Ē 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†††† Studentís 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
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 studentís
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 studentís acceptance
of any penalty, including without limitation grade reduction or additional
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, STUDENTíS 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 Studentís 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
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
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 ß 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 studentís 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 memberís 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
22.214.171.124† 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.
126.96.36.199 DEANíS 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 AMBís 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 deanís recommended sanction.
(c)††††††† Within fifteen regular class days of receipt of the AMBís report, the studentís dean shall also notify the appropriate parties of the AMBís 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.
Grade sanctions may not be appealed except under Title 14 of the Student Code, ďAcademic Appeals.Ē
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.
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.
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
of sanctions shall be maintained as
(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
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.