6.4.4 INITIAL DETERMINATION
6.4.4.1 By the Instructor and Chair
6.4.4.1.1 Allegation; Opportunity of Student to Respond
The instructor and chair shall review the evidence of an academic offense, and the instructor shall decide whether the evidence warrants an allegation of an academic offense. If so, the student shall be notified of the allegation and invited to meet with the instructor and chair to discuss the allegation and to state his or her case. The instructor and chair must make a reasonable effort to meet with the student within 10 days after receiving the evidence. The instructor and chair shall set a deadline for the student to respond to the invitation to the meeting, but the deadline shall be no fewer than 7 days after the invitation is issued. The instructor and chair must make a reasonable effort to schedule a meeting with the student as soon as possible after the evidence is received. [US: 3/9/2015; US: 3/21/2016]
6.4.4.1.2 Finding
The instructor shall consider the evidence and the student's response and shall decide, based on the standard of proof, whether the student committed an academic offense. Any such finding shall be made within 7 days after the meeting with the student, unless the student consents in writing to an extension of this time. However, if the student fails to respond to the invitation to meet within the deadline or fails to attend a meeting that was agreed upon by all parties, the instructor may make a finding immediately thereafter. [US: 3/21/2016]
If the instructor finds the student did not commit an academic offense, the instructor shall so notify the student.
If, in the judgment of the instructor, an action that can be construed as an academic offense is so slight or inconsequential that it does not warrant even the minimum penalty of zero on the assignment, then the instructor should not treat the action as an academic offense, but simply as an ordinary error that may earn the student a lower grade on the assignment. The instructor shall notify the student of such a determination.
On the other hand, if the instructor finds the student committed an academic offense, the chair shall ask the Registrar whether there are any prior offenses or letters of warning in the student's record. The chair shall inform the instructor whether such is the case. The chair shall also ask the Registrar to place a hold on the student's enrollment in the course. If the student has already dropped or withdrawn from the course, the Registrar shall reinstate the student.
6.4.4.1.3 Penalties
If the student has previously received a penalty for an offense at least as severe as an E or F in a course, the chair shall inform the responsible dean, who shall determine an appropriate penalty pursuant to SR 6.4.4.2.1.2.
Otherwise, if the student has previously received a letter of warning, the instructor must assign a grade of E or F for the course. If the offense is particularly egregious, and if the chair approves, the instructor may also forward the case to the responsible dean with a recommendation for a penalty of XE or XF or a more severe penalty, pursuant to SR 6.4.4.2.1.1.
Otherwise, if there are no prior offenses or letters of warning in the student's record, the Instructor of Record must award a grade of zero for the assignment on which the offense occurred. The instructor may also choose to impose one of the following additional penalties after consulting with the chair:
- require the student to perform extra academic work (failure to complete the extra work should result in a grade of E or F for the course);
- notify the Instructor of Record to reduce the final grade in the course by a specified number of levels;
- notify the Instructor of Record to assign a grade of E or F, as appropriate, for the course;
- if the offense is particularly egregious, and if the chair approves, forward the case to the responsible dean with a recommendation for a penalty of a grade of XE or XF in the course or a more severe penalty, pursuant to SR 6.4.4.2.1.1.
If the instructor chooses to impose a penalty less than an E or F in the course, then the offense shall be considered a "minor offense." Generally, an offense that required significant premeditation should not be treated as a minor offense.
6.4.4.1.4 Notice of Penalty
The instructor shall notify the student of the finding of an offense and the penalty as soon as possible after the penalty has been determined. The chair shall also inform the Academic Ombud of the finding and penalty.
6.4.4.1.5 Right of Appeal
A student has the right to appeal any finding of an academic offense or a penalty to the University Appeals Board through the office of the Academic Ombud, pursuant to SR 6.4.5 below.
6.4.4.1.6 Right to Drop or Withdraw from a Course
A student who has committed an academic offense in a course shall not be permitted to drop or withdraw from the course under any circumstances.
6.4.4.1.7 Warning Letter in Case of a Minor Offense
If the student fails to appeal the finding of a minor offense within the time limit specified in SR 6.4.5.2.2, or if the Appeals Board upholds the finding, the instructor shall write a letter of warning to be placed in the student's record. The letter shall state the circumstances surrounding the minor offense and shall warn the student that any offenses in the future will be penalized with at least an E or F in the course. The instructor shall send copies of the letter to the student and the Registrar, and the Registrar shall place the letter in the student's record, pursuant to SR 6.4.8.1.1.