Due Process for Alleged Academic Misconduct

Due Process for Alleged Academic Misconduct at USCB

Allegations and Reporting

Whether decided by a faculty-student conference or an honor court hearing, any allegation of academic misconduct requires a preponderance of evidence demonstrating the student’s responsibility in committing academic misconduct in order for sanctions to be applied. The burden of proof shall be on the faculty member making the allegation.

Pre-Reporting Intervention

A faculty member who suspects an infraction of the Academic Code must first inform the student of their suspicions and offer the student an opportunity to respond.

• Within five calendar days of observing the suspected infraction, the faculty member must notify the student. This notification must include a description of the alleged infraction (including a reference to the specific policy in question), a summary of any evidence, a statement of penalties to be imposed or recommended if the student is found to be responsible for the infraction, and a request for a one-on-one conference to discuss the matter. See template letter of notification.
• The student must respond to this notification within 72 hours. If the student does not respond within 72 hours, then faculty member may proceed to file an official Academic Misconduct Report and notify the student of the faculty member’s intent to proceed with any faculty imposed sanctions the faculty member finds appropriate. Even if a student chooses not to respond within the 72 hour window, the student may still request an honor court hearing within 10 days of the original letter of notification to appeal these sanctions.
• The student or faculty member may request the presence of a representative from honor court to mediate the one-on-one conference.
• A conference can have four possible outcomes:
  1. The faculty member decides that there was no academic misconduct and the matter is dismissed.
  2. The student and faculty member agree that a misunderstanding has occurred that does not rise to the level of academic misconduct. The faculty member may offer the student an opportunity to redo the assignment or may offer an alternate assignment with or without an upper limit to the possible grade for that assignment.
  3. The student admits to an act of academic misconduct, the faculty member applies appropriate faculty-imposed sanctions (see Penalties and Sanctions, below) and fills out an Academic Misconduct Report.
  4. The faculty member and student are unable to come to an agreement. The faculty member applies appropriate faculty-imposed sanctions and fills out an Academic Misconduct Report. The student may file an appeal which may lead to an honor court hearing to review the faculty member’s decision and make recommendations to the EVCAA.

After the EVCAA receives and accepts an Academic Misconduct Report, the EVCAA shall issue a letter of notification to the student. This letter will inform the student that the report has been filed and added to their record. It will also inform the student of the number of offenses on their record and what that record could mean in terms sanctions and penalties related to any subsequent offenses.

Honor Court Hearings

For more information on honor court and rights involved, the Honor Court page includes this information.