1.7 Scholastic Dishonesty Violation Procedures
1.71 The Responsibility of the Faculty
Under the authority delegated by the Dean of Students, a faculty member who has reason to suspect that a student has violated a university rule or an administrative rule concerning scholastic dishonesty is advised to take action as recommended by the following guidelines. During the disposition of the case, the student must be allowed to attend all classes and complete all assignments until the procedures herein are complete unless the Dean of Students has taken interim disciplinary action pursuant to Regent’s Rules and Regulations, Rule 50101, Section 4.1.
When there is reason to believe that scholastic dishonesty has occurred, the faculty member should gather all pertinent evidence (such as test, reports, computer programs, and other academic assignments) and identify any possible witnesses. Accusations that a student has cheated should be made in private and the investigation of a cheating incident should be handled as a confidential matter. If the incident occurs during an exam, the faculty member may ask a student suspected of cheating to move to another desk, but the student should be allowed to complete the exam in question. After conferring with the student, the faculty member may dismiss the allegation or proceed with disciplinary action.
The faculty member shall meet with the student to discuss the allegations and the evidence that supports the charge. At this meeting the student should be informed that he/she has a right to a hearing. In this meeting every effort should be made to preserve the basic teacher/student relationship. The student should be given the opportunity to respond to the allegations but may not be forced to comment. As a result of this meeting, the faculty member may dismiss the charges or, proceed under subsection (a) or (b) below:
(a) In any case in which the student accused of scholastic dishonesty does not dispute the facts upon which the charges are based and executes a written waiver of hearing, the faculty member may recommend an academic penalty as specified below, shall inform the student of such action in writing and must report the disposition of the incident to the Dean of Students. A Faculty Disposition form will be provided for that purpose by the Dean of Students. The Dean of Students will review each form and, if circumstances warrant, may impose additional penalties. Certain types of scholastic dishonesty, such as substituting for someone on an exam or having someone substitute for the student, or altering academic records, may involve a penalty other than those specified below. In cases such as these, or if the faculty member wishes to recommend a penalty other than those penalties outlined in Section 1.6., above, the faculty member must contact the Dean of Students immediately. After the Dean of Student’s review, if the Dean of Students approves the disposition the Dean will inform the student of the final decision via US mail.
(b) In a case in which the student accused of scholastic dishonesty disputes the facts upon which the charges are based, or chooses not to waive the right to a hearing, the faculty member shall refer the matter to the Dean of Students who shall proceed under Section 1.5. Relevant documents (or copies) should be forwarded with the referral. If the student is in possession of any relevant documents, the faculty member may request those documents. If the student refuses to relinquish these documents, the faculty member should note the request and the student's refusal on the referral form. During the disposition of the case, the student must be allowed to attend all classes and complete all assignments until the procedures are complete unless the Dean of Students has taken interim disciplinary action under Section 1.53.
A student may appeal the penalty recommendation of a faculty member by giving written notice to the Dean of Students within fourteen days from the date on which the decision was announced. The appeal is conducted in accordance with Section 1.56. If the student disagrees with the decision of the Dean of Students, the student may request a hearing as described in Section 1.57.
1.72 Scholastic Dishonesty Sanctions
A student who is in violation of a University regulation concerning scholastic dishonesty may be subject to one or more of the sanctions in Section 1.6, above. Sanctions specific to scholastic dishonesty, recommended by the faculty member and imposed by the Dean of Students include:
1.721 Written warning that further scholastic violations may result in more severe sanction.
1.722 Educational program to enhance the student’s understanding of scholastic dishonesty.
1.723 Resubmit assignment, paper or program. (Specify requirements and due date).
1.724 Retake exam.
1.725 Reduced credit or zero on assignment, paper or program.
1.726 Reduced credit or zero on exam. (Specify grade.)
1.727 Reduced final grade for the course.
1.728 Failing grade for the course. (Specify grade.)
1.729 Denial of degree.
1.730 Revocation of degree and withdrawal of diploma.
1.731 A student may appeal a disciplinary sanction assessed by the Dean in accordance with Section 1.711 immediately above. Either the Dean or the student may appeal the decision of the Hearing Officer. An appeal shall be in accordance with the following procedures:
1.732 Appeal Procedures. The appealing party must submit a written appeal stating the specific reasons for the appeal and any argument to the president with a copy to the other party. The appeal must be stamped as received by the President’s office no later than 14 days after the appealing party has been notified of the sanction assessed by the Dean or the decision of the Hearing Officer. If the notice of sanction assessed by the Dean or the decision of the Hearing Officer is sent by mail, the date the notice or decision is mailed initiates the 14 day period for the appeal. The non-appealing party may submit a response to the appeal which must be received by the President’s Office no later than 5 days after receipt of the appeal with a copy to the other party. An appeal of the sanction assessed by the Dean in accordance with Section 1.56 immediately above will be reviewed solely on the basis of the written argument of the student and the Dean. The appeal of the decision of the Hearing Officer will be reviewed solely on the basis of the record from the hearing. The Dean will submit the record from the hearing to the president as soon as it is available to the Dean. At the discretion of the president, both parties may present oral argument in an appeal from the decision of the Hearing Officer.
1.733 President’s Authority. The president may approve, reject, or modify the decision in question or may require that the original hearing be reopened for the presentation of additional evidence and reconsideration of the decision. It is provided, however, upon a finding of responsibility in a case involving the illegal use, possession, and/or sale of a drug or narcotic on campus, the sanction may not be reduced below the recommended sanction prescribed by Section 1.33.
1.734 Communication of Decision. The action of the president shall be communicated in writing to the student and the Dean within 30 days after the appeal and related documents have been received. The decision of the president is the final appellate review.
1.74 Disciplinary Record
The university shall maintain a permanent written disciplinary record for every student assessed a sanction of suspension, expulsion, denial or revocation of degree, and/or withdrawal of diploma. A record of scholastic dishonesty shall be maintained for at least five years unless the record is permanent in conjunction with the above stated sanctions. A disciplinary record shall reflect the nature of the charge, the disposition of the charge, the sanction assessed, and any other pertinent information. This disciplinary record shall be maintained by the Office of the Dean of Students. It shall be treated as confidential, and shall not be accessible to or used by anyone other than the Dean or university officials with legitimate educational interests, except upon written authorization of the student or in accordance with applicable State or federal laws or court order or subpoena.
1.75 Nature of Disciplinary Sanctions
1.751 Admonition is a written reprimand from the Dean of Students to the student on whom it is imposed.
1.752 Warning probation is the lesser form of probation indicating that the student has been notified that he or she has engaged in unacceptable behavior and that further violations of the regulations may result in more severe disciplinary action. The dean or hearing officer may impose conditions related to the offense, such as counseling, educational seminars, or unpaid work assignments. Failure to meet the condition(s) shall be considered an additional violation.
1.753 Disciplinary probation is the greater form of probation indicating that the student has engaged in unacceptable behavior and may be required to report to the dean on a regular basis during the probationary period. Further violations will result in consideration of suspension or expulsion. The dean or hearing officer may impose conditions related to the offense, such as counseling, educational seminars, or unpaid work assignments. Failure to meet the condition(s) shall be considered an additional violation.
1.754 A bar against readmission and/or a drop from current enrollment or a drop from one or more courses may be assessed as a sanction as appropriate under the circumstances. A bar against readmission and/or drop from current enrollment also may be imposed on a student who fails to respond to a summons by the dean to discuss an alleged violation of the Regents’ Rules, University regulations, or administrative rules. If imposed under these circumstances, the sanction shall be lifted when the student responds to the summons as requested.
1.755 Restitution is reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
1.756 Deferred suspension may be imposed on a student for whom suspension from the university is an appropriate sanction, but for whom there are mitigating circumstances as determined by the dean or hearing officer. If a student is found to have violated any rule of The University of Texas System or the University while the sanction of deferred suspension is in effect, the sanction for such a violation will be immediate suspension.
1.757 Suspension of rights and privileges is an elastic sanction. The dean or the hearing officer may impose limitations to fit the particular case, as in the suspension of rights and privileges to enter or reside in University housing facilities. Suspension of eligibility for official athletic and non-athletic extracurricular activities prohibits, during the period of suspension, the student on whom it is imposed from joining a registered student organization; from taking part in a registered student organization’s activities, or attending is meetings or functions; and from participating in an official athletic or non-athletic activity.
1.758 A failing grade or other academic sanction may be assigned to a student for a course in which he or she was found responsible for scholastic dishonesty.
1.759 A student found responsible for scholastic dishonesty may be denied his or her degree.
1.7510 Suspension from the University prohibits, during the period of suspension, the student on whom it is imposed from entering the University campus without prior written approval from the Vice President for Student Services; from being initiated into an honorary or service organization; and from receiving credit for scholastic work completed during the period of suspension. The dean or hearing officer may, however, permit the receipt of credit for scholastic work completed at another institution during the period of suspension, except when suspension is imposed for scholastic dishonesty. The dean or hearing officer may impose conditions related to the offense, and failure to meet such conditions or terms of the sanction shall be consider an additional violation.
1.7510 Suspension from the University and or suspension of rights and privileges is the recommended sanction that shall be assessed for violation of the rules against illegal use, possession, and/or sale of a drug or narcotic on campus.
1.7511 Expulsion, permanent dismissal, from the University includes the same prohibitions as those for suspension.
1.7512 Revocation of the degree and withdrawal of the diploma may be imposed when the violation involves scholastic dishonesty or otherwise calls into questions the integrity of the work required for the degree.
1.7513 Other sanctions may be imposed when, in the opinion of the dean or hearing officer, the best interests of the University of Texas System or the University would be served.