Committee on Academic Policy,
Discipline, and Appeals
Academic
dishonesty is a serious offense, with serious consequences not only for the student
who commits an offense, but also for the College as a whole. When a student
engages in academic dishonesty, the educational integrity of the entire College
is threatened. For this reason, the College treats matters of academic
dishonesty with the utmost gravity, and imposes severe academic penalties where
appropriate. Nevertheless, in these matters, the College strives first to
educate students, and in this case to impress upon them the importance of
academic honesty. For this reason, the College intends its procedures for
dealing with charges of academic dishonesty to be educative as well as
punitive.
Academic honesty cases are adjudicated within the
college in which the course originates, regardless of the home college of the
student. An instructor may charge a student with academic dishonesty and apply
a penalty, which must conform to the guidelines set out in the University
Bulletin and Student Handbook. The instructor may do so when he or she judges
that the student has committed an act of academic dishonesty under the
definition spelled out in the Bulletin and the Student Handbook. The penalty
shall conform to either the guidelines set out in the instructor's course
syllabus or in the University Bulletin and the Student Handbook.
Assistance
in Interpreting and Applying these Procedures.
The Senior
Associate Dean of the College is available to consult with instructors,
students, and Chairs about matters related to these procedures and will
facilitate their implementation. The Associate Dean shall hold all such
consultations in strict confidence.
Confidentiality.
All evidence
and information relating to a case of alleged academic dishonesty shall be held
in confidence by the instructor, the Chair of the instructor’s department
(hereafter referred to as the Chair), the Dean of the College (hereafter
referred to as the Dean), members of the Committee on Academic Policy,
Discipline and Appeals, and any other employees of the College or the
University who are involved with the case.
Records
Only the instructor and the Dean
will hold all records relating to a case of alleged academic dishonesty.
Department Chairs, Program Directors, or other College academic administrative
units shall not keep records relating to a case. No parties, other than those University
employees involved in this process, may be informed of the allegation except by
or with the student’s written permission.
Step 1.
Making an Allegation.
When an
instructor suspects a student of committing an act of academic dishonesty, the
instructor shall confront the student to discuss the allegations preferably
in person or by telephone. Such allegations must be grounded in evidence
retained by the instructor. If a student is unavailable for such a meeting in
the determination of the instructor, then email, memorandum or letter may be
used to notify the student of the allegation.
Allegations
shall be made in a timely manner, and no later than the end of the sixth week
of the semester following the one in which the alleged act of academic dishonesty
took place. The instructor’s discussion with the student will result in one of
the following outcomes:
In
the second and third scenarios above, the instructor will make certain that the
student has a copy of this document.
(Instructors are encouraged to reference in their course syllabus the
College website at:
http://puffin.creighton.edu/ccas/policies/acadhonesty.html
where
this document resides.)
Step 2.
Notifying the Chair.
In the second
and third scenarios under Step 1 above, the instructor shall notify the Chair
as soon as possible that he or she has accused the student of academic
dishonesty and how the student has responded to the allegation. If the
instructor is the Chair of the Department, the Senior Associate Dean shall be
notified in order to request that another person (e.g. Associate Chair, former
Chair or Chair of another department in the same division of the College)
perform the functions of the Chair.
In the second
scenario above, go to Step 4 A.
In the event
that a meeting with the Chair cannot be arranged in a timely manner (e.g. not
until the beginning of the next semester) the instructor shall give the grade
of ‘NR’ until the subsequent steps have been initiated.
Step 3.
Meeting with the Chair.
If the
student denies but the instructor maintains the allegation (the third scenario
above), the instructor and the student should meet with the Chair, preferably
together, to discuss the allegation. The function of the Chair is to serve as a
mediator who can give a fresh look at the issue.
There are
three possible outcomes from this meeting:
1.
The instructor becomes satisfied that the student did not commit the
alleged offense. The
instructor withdraws her or his accusation and all records of the accusation
are removed from the student’s records.
No further action is taken.
2.
The student admits to committing the alleged offense.
If the student admits to committing the
offense during or after this meeting, then the instructor shall impose an
appropriate disciplinary penalty (Step 4A).
3.
The student maintains innocence and instructor maintains guilt. If the student does not admit to
committing the alleged offense after the meetings with the instructor and the
Chair, then the instructor may unilaterally impose an appropriate disciplinary
penalty (Step 4A).
Step 4.
Applying a Disciplinary Penalty.
A.
Disciplinary Penalties for Offenses Involving a Single Course. If the instructor is convinced that
the student committed an act of academic dishonesty, then the instructor may
impose an appropriate disciplinary penalty, up to and including the assignment
of a grade of F in the course in question. The instructor may also recommend or
the Dean may impose a more serious disciplinary penalty, up to and including
expulsion from the University. The penalty applied must conform to the
guidelines set out in the instructor's course syllabus and in the University
Bulletin and the Student Handbook. The
instructor shall inform the student, the Chair, and the Dean in writing through
certified mail of the disciplinary penalty that he or she has applied and shall
inform the student in writing that he or she has the right to appeal the
instructor’s decision to the Dean (Step 5). The Instructor shall send all
documents related to the case to the Office of the Dean.
IMPORTANT NOTE:
As soon as
the instructor formally assigns the grade of F, the course in question is over
for the student, pending a possible appeal of the disciplinary action on the
part of the student (see Step 5 below). As a result, the student may no longer
withdraw from the course following the usual College and University procedures.
Both students and faculty members utilizing this procedure should pay close
attention to the Appendix at the bottom of this page that specifically
addresses continued class attendance and course withdrawal issues.
B.
Disciplinary Penalties for Offenses Involving Related Instances. When the Dean or the Dean’s designee
becomes aware that related instances of academic dishonesty have occurred, the
Dean or the Dean’s designee (excluding the College Committee on Academic
Policy, Discipline, and Appeals*) may review the accumulated evidence relating to all alleged offenses in
all courses. The Dean or the Dean’s designee may act on the basis of the
written record alone or may develop additional information. The Dean or
the Dean’s designee may impose an appropriate disciplinary penalty in addition
to any penalties already imposed by the instructors of the courses in which the
alleged offenses took place. In deciding upon an appropriate disciplinary
penalty, the Dean or the Dean’s designee must abide by the guidelines set out
in the University Bulletin and the Student Handbook and shall take into
consideration the cumulative effect of any disciplinary penalties already
applied by the instructors of the courses in which the offenses were committed.
The Dean shall inform the student involved in writing through certified mail of
his or her decision and of the disciplinary penalty imposed, if any. The Dean
shall also inform the student in writing that the student has the right to an
appeal hearing before the College Committee on Academic Policy, Discipline, and
Appeals (Step 6).
If the student does not agree with
the decision or the disciplinary penalty, then the student has the right to
appeal the decision to the Dean. The student's right to appeal is intended to
protect the student from being charged with or penalized for academic
dishonesty without proper justification.
The student shall initiate the appeal in writing within ten business
days after receiving notification by certified mail that the
disciplinary penalty has been imposed. . A student who appeals an academic
disciplinary action to the Dean is permitted to continue in the program with
the same rights and responsibilities as other students, pending the outcome of
the appeal, unless there are reasons relating to the physical or emotional
welfare of the student or others or reasons involving the safety of persons or
property.
Preparing
the Case
The student and the instructor shall prepare separate,
written accounts of the alleged acts of academic dishonesty and file these
directly with the Dean or the Dean’s designee by no later than the 30th
calendar day following the date of filing of the appeal. The instructor
is responsible for collecting evidence to support a charge of academic
dishonesty. Where appropriate, the instructor shall identify witnesses to the
alleged acts of academic dishonesty and obtain and record their testimony. The
student may also identify witnesses to be called on his or her behalf. Papers,
notes, or other evidence related to the alleged act of academic dishonesty
should be confiscated and filed with the Dean or the Dean’s designee, along
with any records, correspondence, notes, or memoranda relating to the case. The
Dean shall keep these records on file, but outside of any student academic file
in the College.
In both case
A and case B above, the student has a right to assistance at the appeal
hearing, in the form of another student, staff, or faculty member. This person
may be present to assist the student but may not question witnesses or make
statements to the committee. The student has a right to explain his or
her position, to present evidence, and to call witnesses.
In adjudicating a student’s appeal
of an instructor’s decision, the burden of proof lies on the instructor to show
a preponderance of evidence that the student committed the alleged
offense. The Dean or the Dean’s
designee will assign appropriate weight to the instructor’s professional
judgment about the events in question when deciding on an appeal.
The Dean or the Dean’s designee may
decide to overturn the instructor’s finding that the student committed an act
of academic dishonesty, to uphold the instructor’s finding but to increase or
decrease the seriousness of the disciplinary penalty applied by the instructor,
or to uphold both the instructor’s finding and the disciplinary penalty applied
by the instructor. Once the Dean or the Dean’s designee has reached a
decision, the Dean shall inform the student and the instructor involved in
writing of the appeal ruling. In cases of 5B above, the Academic Vice President
shall inform the student of the appeal ruling.
Step 6. Appealing a Charge of
Academic Dishonesty to the University President.
The
student may appeal the Dean’s decision to the University President if and only
if the Dean has imposed a serious disciplinary penalty, that is, suspension from
the University, expulsion from the University, or request for withdrawal from
the University. In order to do so, the student shall deliver both the “Intent
to Appeal” form, available from the Office of the Dean, and the written appeal
to the Office of the University President. The student shall also deliver
copies of the form and the written appeal to the Office of the Dean. Such
appeals shall be governed by the provisions, time limitations, grounds for
appeal, and other limitations, conditions, and procedures stated in the Student
Handbook.
Step
7. Recording the Offense or Expunging the Record
If the
student is found to have committed an act of academic dishonesty, then the Dean
shall place both a ruling stating the final decision and all documents related
to the case in the student’s permanent academic file in the College. If the
student is found not to have committed an act of academic dishonesty, then the
Dean shall expunge the student’s permanent academic file in the College of all
documents relating to the alleged offense and shall direct the instructor to
expunge his or her files of any documents relating to the alleged offense.
Whether or not the student is found guilty, the Dean may retain copies of
documents related to the alleged offense.
Disclosing
the Contents of the College’s Permanent Academic File for the Student.
Upon
request, the College may disclose educational records to officials of another
school in which a student seeks or intends to enroll, without obtaining the
student’s consent. Educational records include student disciplinary records.
Where discretion is permitted, the College discloses academic disciplinary
actions taken against a student if and only if more than one such action has
been recorded in the student’s permanent academic file in the College
This
document is a result of collaboration between students, faculty and College
administration. The procedures will be reviewed by the Academic Policy,
Discipline, and Appeals Committee (or like committee) within three years of the
date of its adoption
Appendix: Class Attendance and
Course Withdrawal Questions
1.
Under the University’s
Academic Honesty Policy, the most severe penalty that an instructor may apply
to punish an act of academic dishonesty is to assign the offending student a
grade of F in the course. When the instructor applies this penalty, then the
course is over for the student, pending a possible appeal of the disciplinary
action on the part of the student. As a result, the student may no longer
withdraw from the course.
2.
If an instructor
charges a student with an act of academic dishonesty and penalizes the student
by assigning a grade of F in the course, the student has the right to appeal
the instructor’s disciplinary action.
3.
If the student does
choose to exercise the right to appeal, the student should remain enrolled in
the course so long as the appeal is in progress. In no case should an
instructor tell a student who has been charged with an act of academic
dishonesty and assigned a grade of F in the course to stop participating in
course activities until and unless either (a) the student chooses not to appeal
the instructor’s decision or (b) the appeal process concludes without a
reduction in the penalty. When and if either (a) or (b) occurs, the course is
over for the student and the student shall stop participating in course
activities.
4.
If an instructor
charges a student with an act of academic dishonesty and penalizes the student
by assigning a grade of F in the course, then the student’s final grade in that
course has resulted from an academic disciplinary action. Consequently, if the
student wishes to appeal the final grade in the course, the appeal should take
the form of a disciplinary appeal rather than a grade appeal.
Passed by
Executive Council, February 7, 2002
Approved by
Dean Austin, February 21, 2002
Amended
January 30, 2003
Scheduled for
review prior to February 21, 2005
* In the event that the student appeals the decision of the Dean or the Dean’s designee, the College Committee on Academic Policy, Discipline, and Appeals will hear the student’s appeal (Step 5B).