Investigation and Penalties by the Hearing Committee

The offence is referred to a Hearing Committee in the following cases:

If the case represents a student’s first offense and the student either did not admit guilt or wishes to appeal the sanction imposed by the instructor
If the case represents a student’s first offense and the student admitted guilt but the instructor decided that the offence is serious and warrants a greater sanction than the list of penalties that he/ she has the authority to impose
If the student has had a previous offence

The Hearing Committee is an ad-hoc University committee appointed by the Provost (or designee) and is comprised of Senior faculty and staff members who are independent of the student and the case. The Provost (or designee) shall designate a Chair for the hearing.
The committee shall meet as directed by the chair to review all statements and supporting materials and to determine whether an act of academic dishonesty occurred. The committee may also request additional information and/or interview individuals who may have information relevant to the incident, including the instructor(s) who made the referral and the student involved.
The hearing should be conducted in such a manner as to do substantial justice and not be restricted unduly by rules of procedure. The focus of inquiry shall be the validity or invalidity of the accusations against those accused of violating the Academic Integrity Code.
The meeting shall be private to protect the confidentiality of the proceeding.
The accused student may challenge any member of the committee on grounds of prejudice. The committee shall deliberate in private and determine, by majority vote (excluding the member being challenged), whether the member should be replaced by an alternate committee member who will be designated by the Chair.
The student shall have the right to be assisted by an adviser of the student’s choice, who must be a full- time staff member or a full-time faculty member. Attorneys are not permitted to attend the hearing. The adviser, upon request of the student, may:
1. Advise the student in the preparation of the student’s case
2. Accompany the student to the hearing
3. Assist the student in questioning witnesses.
4. Advise the student in the preparation of an appeal
At the onset of the hearing, the Chair confirms that the referred student(s) understands his/her rights.
If the student fails, without reasonable excuse, to attend the hearing, the committee may proceed with the hearing in the student’s absence or, at the Chair’s discretion, postpone the start of the hearing.
The Instructor shall, at the outset of the hearing, and in the presence of the student, apprise the committee of the facts and allegations of the case and the names of the witnesses who are to be presented to establish said factors and allegations. The student may make a summary statement in response.
All witnesses shall be heard by the committee in the presence of the student. The student and the student’s advisor may put questions to the witnesses and shall have access to any documents considered by the committee as evidence in the case.
The student shall be afforded an opportunity to speak on his/her own behalf and to present witnesses. Should the student decide to speak, he/she will be subject to questions from the committee. The committee may consult legal assessors for advice regarding any evidentiary or procedural issue that arises during the hearing.
Following the hearing, the Committee will make a determination based on the facts/circumstances of the case. Depending upon the Committee’s findings, it may take one of the following actions:
1. Dismiss the case; or
2. Impose a penalty based on “case history” and clear, convincing, and reliable evidence in support of the charge. This may include, but is not limited to, the following:
  1. Counseling the student and issuing him/her a formal written warning
  2. Requiring the student to resubmit the work or to undertake another form of assessment in lieu of the work in question, with a capped pass grade
  3. Giving a grade of zero for the work (in cases involving plagiarism, the issuance of a grade of zero is normally mandatory as detailed in the Identification and Analysis of Plagiarism Guidelines section of this Volume)
  4. Failing the student in the relevant course
  5. Failing the student in all courses for the semester during which the academic misconduct has occurred
  6. Suspending the student from the University for a given period of time. Suspension shall entail the withdrawal of such University privileges as are specified by the party or the hearing body imposing the suspension. If no particular privileges are specified, suspension shall entail the withdrawal of all University privileges, including the right to enter and be upon university property, in which case the student, during suspension, may only come upon university property for a specified purpose, previously authorized in writing by the Chair of the Committee that imposed the disciplinary action. Violation of the terms of the suspension shall result in the case being referred by the University Registrar to the Provost for further action if required.
  7. Dismissing the student from the University. Dismissal from the University for academic misconduct reasons entails the termination of all the student’s rights and privileges as a student at the University. No application for re-admission by a dismissed student will be entertained by the University for a minimum of two years from the dismissal. Dismissal will be recorded on the academic transcript of the student.
  8. Expelling the student from the University. Expulsion from the University entails the termination of all the student’s rights and privileges as a student at the University. The University will not entertain any application from an expelled student for re-admission. Expulsion will be recorded on the academic transcript of the student
In cases of penalties resulting in immediate suspension or expulsion, the student shall physically leave University-owned or controlled property within 24 hours after being informed of the sanction by the committee. The student may return to university-owned or controlled property during the terms of the suspension, dismissal or expulsion for the express purpose of attending the appeal hearing (if applicable) or for completing total separation requirements. Suspended students shall also be permitted to take examination(s) or submit paper(s) during the suspension, but the University may make special arrangements as to time and place for the completion of such work.
The chair of the committee will notify the student of the committee’s decision in writing within five business days. The student will also be informed in writing of the right to file a final written appeal to the Provost within five business days of receipt of the Committee decision. The Committee shall write a brief report detailing the case and its decision. A copy of the report shall be submitted to the Dean / Vice Provost for Graduate Studies and Research (for graduate students) for inclusion in the student’s file.
In the absence of an appeal, the decision of the committee shall be implemented immediately. In the event of an appeal, implementation of the committee decision will be suspended until a decision on the appeal is rendered by the Provost. The Provost’s decision is final.
An annual report of the disciplinary activities and actions shall be prepared by the University Registrar and presented to the Provost and the President annually. However, in any description, no mention shall be made of the names of the parties or of any information which might lead to their identification.