MICHIGAN TECHNOLOGICAL UNIVERSITY University Senate ------------------------------------------------------------------------ (version of 23 Feb 95) PROPOSAL 27-95 (Voting Units: Academic Degree-Granting Departments) ACADEMIC INTEGRITY POLICY & PROCEDURES I. PREAMBLE Academic integrity and honesty are central components of a student's education, and the ethical conduct maintained in an academic context will be taken eventually into a student's professional career. Academic honesty is essential in a community of scholars searching and learning to search for truth. Anything less than total commitment to honesty undermines the efforts of the entire academic community. Both students and faculty are responsible for insuring the academic integrity of the university. This Academic Integrity Policy is intended to provide guidance for students and faculty concerned about maintenance of academic integrity. It shall be the policy of this university to establish procedures to ensure fairness and due process for all parties involved with any apparent violation of academic integrity and honesty. II. DEFINITIONS OF ACADEMIC DISHONESTY A. Plagiarism: Knowingly copying another's work or ideas and calling them one's own or not giving proper credit or citation. This includes reading or hearing another's work or ideas and using them as one's own; quoting, paraphrasing, or condensing another's work without giving proper credit; purchasing or receiving another's work and using, handling, or submitting it as one's own work. B. Cheating: Intentional and/or unauthorized use of any study aids, equipment, or another's work during an academic exercise. This includes unauthorized use of notes, study aids, electronic or other equipment during an examination; copying or looking at another individual's examination; taking or passing information to another individual during an examination; taking an examination for another individual; allowing another individual to take one's examination; stealing examinations. All academic exercises are expected to be performed on an individual basis unless otherwise stated by the instructor. C. Fabrication: Intentional and/or unauthorized falsification or invention of any information or citation during an academic exercise. This includes changing or adding an answer on an examination and resubmitting it to change the grade; inventing data for a laboratory exercise or report. D. Facilitating Academic Dishonesty: Knowingly allowing or helping another individual to plagiarize, cheat, or fabricate information. III. PRACTICE A. In their classes, faculty are expected to: 1. announce and discuss specific problems of academic dishonesty that pertain particularly to their classes (e.g. acceptable and unacceptable cooperation on projects or homework); 2. act reasonably to prevent academic dishonesty in preparing and administering academic exercises, including examinations, laboratory activities, homework and other assignments, etc.; 3. act to prevent cheating from continuing when it has been observed or reported to them by students, chairs, or deans; and, 4. report in writing all acts of academic dishonesty to the Dean of Student Affairs office (see Procedures below). B. In their academic work, students are expected to: 1. maintain personal academic integrity; 2. treat all academic exercises as work to be conducted privately, unless otherwise instructed; 3. ask faculty to clarify any aspects of permissible or expected cooperation on any assignment; and, 4. report any cheating activity (see Procedures below). IV. PROCEDURES A. Handling & Reporting Incidents of Academic Dishonesty 1. Faculty Guidelines: The following procedural guidelines are suggested for handling incidents in which a student in a classroom is observed cheating on an examination or similar exercise. If followed, the effectiveness of the report will be maximized. Similar information should be obtained for incidents of cheating in other circumstances. a. Make a note of the time of the initial observation of the misconduct. b. If possible, have a colleague (proctor, etc.) verify the behavior by observation. c. Tell the student that you are aware of the situation, and request that the behavior stop. d. Allow the student to continue with the exam, unless the behavior is creating a serious disturbance. e. Continue to monitor the student's behavior. f. Immediately file a report with the Dean of Student Affairs office (see below). 2. Students Students should report any cheating activity to make faculty aware of the problem. Reporting may be done directly to the instructor or department chair either in person or by an anonymous note. The instructor is then responsible for investigating the report, for filing a report if the incident can be confirmed, and for preventing further cheating. A student may make a report directly to the Dean of Student Affairs on any cheating activity of which the student has personal and not hearsay knowledge. The Dean must forward the report to the department chair and instructor. The instructor is then responsible for investigating the report, for filing a report if the incident can be confirmed, and for preventing further cheating. A student may also file a report directly with the Dean of Student Affairs, requesting that the Dean pursue formal procedures for violations of the Academic Integrity Policy. In this case, the student filing the report must be willing to appear and testify in person at any hearings that may result. 3. Reports of Academic Dishonesty The Dean of Student Affairs office shall act as the central location where all records of incidents of academic dishonesty are kept on file. A report of any violations of this policy should include the following information: a. what happened b. when it happened and for how long c. where it occurred (classroom, lab, etc.) d. the names of students who were involved f. other faculty who have also observed the activities g. what action has been taken h. what sanctions are recommended B. Notification of Complaint When a report of a violation of academic integrity is received, the Dean of Student Affairs office expeditiously shall send the student(s) a written notice with a specification of charges attached. The specification of charges shall contain a numbered series of allegations which either individually or collectively constitutes one or more violations of the Academic Integrity Policy. The written notice will also inform the student of the time and place of an Initial Conference with the Dean of Student Affairs or an Associate Dean of Student Affairs for the purpose of reviewing the specification of charges. The conference shall take place within five (5) working days from the time of notification. A copy of the notification will be sent to the complainant. C. Initial Conference If the student refuses to appear at the Initial Conference, all charges shall be considered true and accurate, and appropriate sanctions shall be imposed by the Dean of Student Affairs office. At the Initial Conference, the student will be informed of the right to an Administrative Hearing or to a hearing by the Academic Integrity Committee. The student may elect one of the following courses of action: 1. To sign a statement accepting responsibility for violating the Academic Integrity Policy, and requesting adjudication by the Dean of Student Affairs office. The student may request that sanctions be determined by the Dean of Student Affairs, or recommended by the Academic Integrity Committee. In either case, the student may request that the determination and imposition of sanctions be postponed for up to 48 hours to allow the student to produce relevant witnesses or evidence. 2. To deny the alleged violation(s), in which case the student shall request one of the following: a. An immediate Administrative Hearing, to be carried out by the individual conducting the Initial Conference, who may, in appropriate cases, postpone a hearing up to 48 hours in order to allow the accused student to prepare a defense. b. A hearing by the Academic Integrity Committee. If, however, the Academic Integrity Committee cannot be convened immediately, the Dean or Associate Dean will propose an immediate Administrative Hearing. The student may opt to wait until the Academic Integrity Committee can convene. In either case, the Dean of Student Affairs may grant additional time to the accused student to prepare a defense. D. Hearings At the Initial Conference, a student who denies violating the Academic Integrity Policy shall request either an Administrative Hearing or a hearing before members of the Academic Integrity Committee. 1. Administrative Hearings Administrative hearings are conducted by the Dean of Student Affairs or by an Associate Dean of Student Affairs, who will review the charge against the accused student and the evidence presented in support of the charge. The accused student has the right to ask questions relevant to the complaint, and to any other questions of due process. Administrative hearings are not open to the public. 2. Hearings by the Academic Integrity Committee a. The Academic Integrity Committee The Academic Integrity Committee is comprised of three faculty, three full-time undergraduate students, three graduate students, and two student affairs professionals. The faculty members will be chosen from the faculty at large by the University Senate. The three undergraduates shall be chosen from the undergraduate student body by the Undergraduate Student Government. The three graduate students shall be chosen from the graduate student body by the Graduate Student Council. The two student affairs professionals will be chosen by the Dean of Student Affairs. One student, one faculty member, and one student affairs professional shall constitute a hearing panel. Panels convened to hear cases involving an undergraduate student shall include an undergraduate student. Panels convened to hear cases involving a graduate student shall include a graduate student. Panel membership will rotate on a system determined by the members of the committee. b. Hearing Procedures The Academic Integrity Committee will convene a hearing panel no later than seven business days after a student requests a Committee hearing at the Initial Conference. During the hearing, the panel's role shall include directing the hearing, calling recesses, postponing hearings, taking appropriate steps to maintain order, deciding questions on the relevancy of evidence or testimony, recalling witnesses or calling further witnesses as deemed appropriate in the resolution of matters pertaining to the hearing, and ensuring that established procedures are followed. The order of hearings conducted by panels of the Academic Integrity Committee: 1. Meeting will be called to order by the chair of the hearing panel. 2. Hearings will be closed to the public. However, an open hearing may be held, at the discretion of the hearing panel, if requested by the accused student. 3. Any person, including the accused student, who disrupts a hearing or fails to adhere to the rulings of the chair may be excluded from the proceedings. 4. Hearing panel members, the accused student, and the complainant shall be introduced. 5. The hearing shall be tape recorded or transcribed. 6. The chair of the hearing panel will read the charges. 7. The hearing panel will determine if the accused student received a copy of the Specification of Charges and whether or not the charges are understood. 8. The hearing panel will ask the student to confirm a plea of guilty or not guilty. 9. The complainant shall present, in detail, the alleged events leading to the complaint. a. Members of the hearing panel may ask further questions and/or seek clarification by directing questions to the complainant. b. The accused student may ask questions and/or seek clarification on any element of the complainant's statements, but may not make any statements at this time. 10. The complainant may present witness(es), who may offer testimony relevant to the complaint. a. Members of the hearing panel may ask further questions and/or seek clarification by directing questions to the complainant's witness(es). b. The accused student may ask questions and/or seek clarification on any element of the statements by the complainant's witness(es), but may not make any statements at this time. 11. Complainant may present any other physical or written evidence which is supportive of the complaint. 12. The accused student shall present, in detail, the alleged facts or matters pertaining to the circumstances of the complaint. a. Members of the hearing panel may ask further questions and/or seek clarification by directing questions to the accused student. b. The complainant may ask questions and/or seek clarification on any element of the accused student's statements, but may not make any statements at this time. 13. The accused student shall present his/her witness(es), who may offer testimony relevant to the circumstances stated by the accused student. a. Members of the hearing panel may ask further questions and/or seek clarification by directing questions to the accused's witness(es). b. The complainant may ask questions and/or seek clarification on any element of the statements by the accused student's witness(es), but may not make any statements at this time. 14. The accused student may present any other physical or written evidence which is supportive of the accused student's opening remarks to the hearing panel. 15. The accused student and the complainant may each make summary statements to the hearing panel. There will be no rebuttal. 16. Adjournment by panel chair. 3. Decisions of Hearings In private deliberations, the hearing panel or the administrative hearing officer will decide whether the student violated the Academic Integrity Policy. The hearing panel or the administrative officer will submit the decision in writing to the Dean of Student Affairs, and will recommend sanctions in cases of policy violation. Decisions will be made based upon the preponderance of the evidence presented in the hearings. Within five (5) business days of the hearing, the Dean of Student Affairs will notify in writing the student and complainant of the decision and recommendations of the hearing panel or administrative officer, and of any sanctions imposed by the Dean. E. Appeals Students may wish to appeal decisions of the hearing panel/administrative hearing officer. To initiate an appeal, the student must submit a written request for an appeal within three (3) business days of notification of the results of the hearing. All requests must be submitted to the Dean of Student Affairs. An appeal must be in writing and its scope shall be limited to the following: 1. Question of Fact: A student may appeal on "questions of fact" by introducing new evidence which would significantly affect the outcome of the case. Evidence that comes forward that was not known by the accused shall be considered as new evidence. Evidence which was withheld by the student shall not constitute a question of fact, nor is it to be considered upon appeal. 2. Question of Procedure: Appeals will be considered on the basis of "questions of procedure" by demonstrating that the procedural guidelines established in this document were breached and that such departure from established procedure significantly affected the outcome of the case. 3. Severity of Sanction: A student may appeal the "severity of sanction" that has been imposed by presenting a statement explaining why they feel the penalty is too severe. All facts and evidence related to the case shall be reviewed by the Dean of Student Affairs to determine whether just cause exists to overturn the hearing panel's or hearing officer's decision. If just cause is determined to exist, then a 3-member Appellant Hearing Panel of the Academic Integrity Committee shall be convened by the Dean of Student Affairs. If the original hearing was before a hearing panel, then the appeal panel shall be comprised of members of the Academic Integrity Committee who did not hear the original case. The Appellant Hearing Panel will review the facts of the case in accordance with the due process guidelines set forth in this document. The Dean of Student Affairs will notify the student in writing of the decision of the Appellant Hearing Panel within three (3) business days of the appellant hearing. This action shall be final and is not subject to further appeal. V. RIGHTS OF STUDENTS ACCUSED OF VIOLATING THIS POLICY Students charged with one or more violations of the University's Policy on Academic Integrity have a right to: A. Receive a written statement of the specific charges. If requested, students will be allowed to examine any written statements or evidence which the University plans to submit to any hearing panel. B. Reasonable time to prepare for the hearing. C. Be present at the hearing during the presentation of any matters on which a decision may be based. D. Present an explanation of their situation or circumstances at a hearing and ask individuals to present information on their behalf. Should the student fail to appear at the scheduled time and place, however, the hearing will be held in their absence. E. Be accompanied by another member (defined as a registered student, faculty, or staff member) of the campus community to serve as "counsel" at a hearing. Counsel is permitted to advise the accused student in the organization of their thoughts and presentation of materials, and can advise the student directly in the hearing. Counsel may not address the hearing panel or officer, nor any other individuals providing testimony. Counsel may not respond to any questions for the accused. F. Ask questions of any hearing panel or officer and of any witnesses. G. Present a summary statement at the close of the hearing. H. A decision about the accuracy of charge based solely upon evidence and testimony presented at the hearing. (If the charges are found to be true, a decision on a sanction can be based upon the hearing and other matters of record.) I. An expeditious hearing of the student's case. J. A written report of the results and findings of the hearing within five (5) business days of the hearing. K. Appeal the decision of the hearing panel. VI. SANCTIONS Sanctions imposed upon students for violating the Academic Integrity Policy are outlined below. A. Types of Sanctions: 1. Academic Integrity Warning: An official written notification which includes a warning that further violations of the Academic Integrity policy will result in a more severe sanction. 2. Special Failing Grade: A student receives a special grade of "F*" which indicates a failure due to academic dishonesty. The Academic Integrity Committee by majority vote may remove the asterisk from the permanent transcript upon petition by the student after a period of two terms (excluding summer) from the date of the infraction, and then only if the student has not committed another infraction of academic integrity during this period of time. Students with an "F*" remaining on their transcripts after two terms (excluding summer) may not serve as an officer of any recognized student organization, nor represent the university in any varsity sports, student contests, or arts performances. 3. Suspension: A decision of Suspension terminates the person's status as an enrolled student for an indefinite period of time and prohibits the student from attending classes. Persons who reside on campus shall remove their belongings from their place of residence within 72 hours of notice that the penalty of Suspension has been rendered. Reinstatement and conditions for reinstatement, if any, shall depend upon an evaluation by the Dean of Student Affairs following an application for reinstatement by the student. Students receiving sanctions ranging from Academic Integrity Warning to Suspension also will be required to participate in an education program. Education programs are assigned by the Academic Integrity Committee. Assignments can include a requirement for a student to attend a workshop, seminar or course on an issue related to academic integrity; complete a community service project or present a paper on a topic related to academic integrity. 4. Expulsion: A decision of Expulsion terminates the person's status as an enrolled student with no opportunity for reinstatement. An expelled student may not enter onto any part of the campus without specific authorization from the Dean of Student Affairs. Persons who reside on campus shall remove their belongings from their place of residence within 72 hours of notice that the penalty of Expulsion has been rendered. Expulsion which results from a violation of the Academic Integrity Policy is listed as such on the student's academic transcript. B. Range of Sanctions: 1. First Offense: Penalties may range from Academic Integrity Warning to Suspension. In cases associated with a criminal act, a sanction of Expulsion may be imposed. 2. Second Offense: Penalties may range from Special Failing Grade to Expulsion. 3. Third Offense: Expulsion. ------------------------------------------------------------------------ Development of Proposal Nov 1991: Dean of Students asks the Senate to review current policy on student integrity & honesty (see Attachment A). Jun 1994: Summer Task Force on Student Academic Integrity, working from the office of the Dean of Student Affairs, begins to formulate a policy to replace the current policy. Committee consists of Dean and Associate Dean of Student Affairs, two graduate students, two undergraduate students, and one Senate representative appointed by Senate president. Sep 1994: A Draft Academic Integrity Policy is submitted by the Ad Hoc Committee to the Instructional Policy Committee of the Senate, to USG, and to GSC. Fall 94: Instructional Policy Committee works through several drafts of the Policy. Jan 95: Counsel for the University is consulted about level of evidence. A draft dated 23 January is circulated to GSC and to the Provost for comments. No negative comments are returned to the Instructional Policy Committee. Feb 1995: Committee draft is assigned Proposal 27-95 by Senate Officers. ------------------------------------------------------------------------ Proposal Background The present integrity policy is given in the current (1989) edition of the Faculty Handbook (p.31-32): "Student integrity and honesty "In preparation and administration of examinations, the instructor is expected to use every reasonable means to prevent dishonesty. "The following policy regarding student integrity and honesty was adopted by the Senate. 'A student detected cheating beyond any reasonable doubt during any examination period or in the preparation of any significant individual assignment such as a quarter report is to receive a failing grade for the course, and a record for the failure is to be submitted to the Dean of Students. This record is to be for the confidential use of the Dean of Students and is to be destroyed upon the student's graduation. On the second such occurrence, a student shall be expelled from the University without the possibility of readmission.' " Compared with the proposed policy, the current policy appears brief and simple, and simplicity is always preferable. However, the current policy is only superficially simple. The University and individual faculty are exposed legally, student rights to due process are not protected, and the evidentiary standard ("beyond a reasonable doubt") is unacceptably high. The length of the proposed policy is due mostly to the spelling out of guidelines and procedures lacking in current policy. Faculty often do not follow the current policy because it is unclear how it should be followed. The procedures and penalties of the current policy are sufficiently vague to be an ineffective deterrent to dishonest student conduct. Beyond the legal realm, there are cogent arguments favoring the new policy. However, because the potential liabilities of faculty are the most pressing reasons for adopting a new policy, those issues will be mentioned here. The other reasons, largely concerned with making faculty and students aware of the problems of academic integrity, are best handled in other forums. To avoid misinterpretation, the Instructional Policy Committee is basing its urging of the legal side on the following excerpted material: The following excerpts are from Jendrek (1989): 1. Faculty members are not supposed to react in an idiosyncratic fashion to instances of academic dishonesty. Academic dishonesty codes have become a necessity in public colleges and universities since Dixon v. Alabama State Board of Education (1961). The court ruled that public colleges and universities are governmental bodies; therefore, they had to establish procedures that did not violate students' due process rights when considering a disciplinary action such as suspension or dismissal. The courts have interpreted Dixon as requiring a written notice of charges, a reasonable time to prepare a defense, an opportunity to rebut the charges, to have the charges heard by an unbiased hearing officer, and to obtain a record of the proceeding." (Roberts, 1986 p.372) 2. Faculty members also say frequently that they ignore cheating be- cause of a fear of litigation. The Dixon case was dual-edged. On the one hand, the court argued that students who were accused of academic dishonesty had to be afforded due process under the Fourteenth Amendment. On the other hand, faculty members and administrators did not understand the concept of due process. [They] erroneously assume that full adversarial hearings, technical rules of evidence, multiple appeals, and the like are required `by law' in student disciplinary cases." (Pavela, 1981,p.64) This was not the intent of Dixon. In fact, the court in Board of Curators of the University of Missouri et al. v. Horowitz (1985) gave the following argument: A school is an academic institution, not a courtroom or administrative hearing room . . . the educational process is not by nature adversarial, instead it centers around a continuing relationship between faculty and students . . . The following excerpts are from Gehring and Pavela (1994): 1. Often faculty fail to report alleged acts of academic dishonesty because they fear being sued. These fears are not supported by the evidence. The authors have monitored and reviewed the pertinent case law related to academic integrity in higher education for over 30 years and have yet to find even one case in which administrators, faculty, or students have been assessed damages for reporting alleged acts of academic dishonesty. Faculty fear of litigation stems from the unfounded belief that if they report an alleged act of academic dishonesty, the student will be exonerated since it is only the faculty member's word against the student's and having been exonerated, the student will then bring suit for defamation. Many questions of fact come down to one individual's word against another. However, hearing panels may, for a variety of factors, attach greater weight to one individual's testimony than they do to another and the courts will generally not overrule a factfinder's decision. In a cheating case where the student was found guilty and the evidence provided by the professor was in conflict with the student's testimony, the court said "As it is arguable that room for choice exists between the conflicting testimony, the respondent's [university's] decision as to which version of events to accept should not be disturbed" (Abrahamian v. City University of New York). 2. Although properly reporting alleged acts of academic dishonesty has not lead to liability, faculty who choose to ignore campus policies and procedures expose themselves to the real possibility of damages and actually encourage academic dishonesty. Faculty who indepen- dently assign an "F" to a student suspected of committing an act of academic dishonesty rather than going through the proper campus procedures risk liability for violating students' constitutional and contractual rights as well as breaching their own contractual obligations to the institution (James v. Wall). While the former could result in money damages, the latter could result in termination of employment. Finally, faculty must comply with the outcome of the procedures. Having a fair procedure for reporting and resolving offenses is worthless if faculty ignore the results. Thus, students who are found not to have engaged in an act of academic dishonesty should not continue to be penalized by the accusing faculty member (Lightsey v. King). 3. The imposition of disciplinary sanctions for acts of academic dishonesty requires basic procedural protections for students. Such protection is desirable because it serves an a useful check upon the arbitrary interpretation and enforcement of campus regulations. Justice Jackson observed that "due process of law is not for the sole benefit of the accused. It is the best insurance against those blunders which leave lasting stains on a system of justice", and which are "bound to occur" when individuals are given unchecked authority (Shaughnessy v. United States, 1953, p.224-225). Unfortunately, many administrators have been paralyzed by a misconception of "due process" and have erroneously assumed that full adversarial hearings, technical rules of evidence, multiple appeals, and the "beyond a reasonable doubt" standard of proof have been regarded "by law" in student disciplinary cases. Not surprisingly, faculty members are reluctant to involve themselves in such proceedings. As a consequence, some of them ignore academic dishonesty altogether, thereby putting honest students at a disadvantage. Others simply lower the grades of students whom they presume guilty of cheating or plagiarism. Both practices injure students without any due process at all, and prevent the university from identifying repeat offenders. Literature Cited Gehring, D., and G. Pavela. 1994. Issues and Perspectives on Academic Integrity. Second edition. National Association of Student Personnel Administrators, Washington, DC. 36p. Jendrek, M. P. 1989. Faculty reactions to academic dishonesty. Journal of College Student Development 30:401-406. Pavela, G. 1981. Cheating on the campus: Who's really to blame. Chronicle of Higher Education, February 9, p.64. Roberts, R. N. 1986. Public university response to academic dishonesty: Disciplinary or academic. Journal of Law and Education 15:369-384. ------------------------------------------------------------------------ Proposal 27-95 Attachment A MTU OFFICE MEMO TO: Larry Julien DATE: November 26, 1991 Senate President FROM: Martha Y. Janners COPY: William J. Powers Dean of Students Bert K. Whitten SUBJECT: Student integrity and honesty It is my opinion that a review of our student integrity and honesty statements are in order. The current policy, as adopted by the Senate, states consequences of cheating, but does not set out due process rules. As a matter of practice, when cases of alleged cheating are brought to the Dean of Students the accused student is given the opportunity to face the accuser in the presence of a third party, who then rules on the evidence and testimony. However, not all cases are brought to the Dean of Students and in situations where guilt is determined by a faculty member, the incident is often not reported to the Dean's office, so there is no central record concerning offenses by individual students. It is my opinion that there should be more consistent application and enforcement of this policy at MTU. A review of the integrity and honesty policy should also address issues related to the changing educations environment (e.g. programming assignments, cooperative learning efforts). I would be happy to serve in an ad hoc advisory capacity to a Senate committee (Instructional Policy) which studies these issues. I also strongly suggest that at least two students be appointed to the group. I would like to complete this review and adoption of a new statement by early in the Spring Quarter, 1992, so that it can be widely promulgated prior to the start of the '92-03 academic year. .