6.4.5 APPEALS
6.4.5.1 Preliminary Consideration by the Academic Ombud
6.4.5.1.1 Informal Resolution
If a student wishes to contest the finding of an offense or a penalty, the student must approach the Academic Ombud within ten days after being officially notified of them, pursuant to SR 6.4.4.1.4, SR 6.4.4.2.2, or SR 6.4.4.4.4. The Academic Ombud shall attempt to resolve the case to the satisfaction of all involved parties within 20 days of receiving the student's written request.
6.4.5.1.2 Merit of Appeal of Penalty for Minor Offense
If the student does not dispute the finding of a minor offense (as defined in SR 6.4.4.1.3), but the student desires to appeal the penalty on the basis that it is unduly harsh, the Academic Ombud shall decide whether the appeal has merit, based on the standard of proof. In making such a decision, the Academic Ombud should proceed with deference to the instructor's traditional autonomy and authority over the course. [US: 3/21/2016]
6.4.5.1.3 Notice
If the Academic Ombud fails to resolve the case to the satisfaction of all involved parties, or if the Academic Ombud makes a decision on the merit of an appeal of a minor penalty, the parties shall be so notified.
6.4.5.2 Appeal to the Appeals Board
6.4.5.2.1 Jurisdiction
The student shall be given the opportunity to appeal any finding of an academic offense to the University Appeals Board. A student may also appeal the severity of a penalty to the Board only if:
- the offense is the student's first; or
- the offense occurred in a course, the penalty is at least as severe as XE or XF, and the student has previously received only a letter of warning; or
- the offense occurred outside of a course, and the penalty is at least as severe as suspension; or
- the penalty is dismissal, expulsion, or revocation of a degree for any offense.
6.4.5.2.2 Time for Filing Appeal
The appeal must be filed in writing with the Appeals Board within ten days after the date that the Academic Ombud notifies the student that the case cannot be resolved without recourse to the Appeals Board. The student shall have the right of class participation and attendance during the consideration of any appeal. The student shall have the rights set out in Section 2.3 of the Code of Student Conduct. (Student Rights and Responsibilities, Part I)
6.4.5.2.3 Hearing; Notice
The hearing officer of the University Appeals Board shall schedule a hearing in any case arising under this SR 6.4, to begin within twenty days of the receipt of the appeal from the student, unless the student consents to an extension of time for the hearing. The hearing officer shall notify the student, the complainant, and the Academic Ombud of the time and date of the hearing. The student may withdraw the appeal at any time. If the student desires only to appeal a penalty received for a minor offense (as defined in SR 6.4.4.1.3), and the Ombud has found that the appeal has insufficient merit, the Appeals Board may refuse to hear the appeal by majority vote.
6.4.5.2.4 Scope of Review
6.4.5.2.4.1 Violation
The Appeals Board shall sit as a fact-finding body and determine whether or not the student cheated, plagiarized, or falsified or misused academic records from such evidence as is brought before the Board (including testimony under oath, written statements, exhibits, and a view of the classroom where the cheating occurred if this be an issue). The Board may call witnesses on its own initiative and may continue the hearing for this purpose. The Board shall find the student did not commit the offense unless a majority of members present decides otherwise, based on the standard of proof, and given the evidence provided. [US: 3/21/2016]
6.4.5.2.4.2 Penalty
If the student is permitted to appeal the penalty that is being imposed for the offense, the Appeals Board shall also judge whether the penalty is inappropriately harsh. The Board may reduce the penalty, subject to the following limitations:
- If the offense occurred in a course in which the student was not enrolled, or if the offense was with regard to falsification or misuse of academic records, or the offense occurred in academic work outside of a course (for example, an honors project or dissertation, a graduate examination, a thesis or dissertation, or a formally submitted thesis or dissertation proposal), the Board may choose either to void the recommended penalty or to reduce it to one no less severe than suspension.
- If the offense is the student's first, the Board may reduce the penalty to any one mentioned in this SR 6.4.
- If the offense is the student's second, and the first offense was a minor one (as defined in SR 6.4.4.1.3), then the Board may reduce the penalty for the second offense to one no less severe than a grade of E or F in the course in which the offense occurred.
- If none of the conditions in (1-3) are met, the Board may reduce the penalty to one no less severe than suspension.
6.4.5.2.5 Determination and Notice
The Appeals Board shall seek to render a decision as soon as is reasonably possible so that the student may plan his or her further academic work. The hearing officer of the Board shall notify the student, the complainants (instructor and chair, responsible dean, or Registrar), and the Academic Ombud of the Board's decision within five days. If a penalty at least as severe as suspension was originally recommended for the offense, even if it has been reduced by the Board, the hearing officer shall also notify the Provost. In addition:
- If the Board finds that a student committed the academic offense of which the student was accused, then the hearing officer shall also notify the instructor and chair (if the offense was related to a course), the responsible dean, and the dean of the student's college. In addition, if the Board is supporting or recommending a penalty less severe than suspension, or such a penalty has not been appealed, the hearing officer shall also notify the Registrar; in the case of international students, the Director of International Student Affairs; and, if the offense also involves a violation of the Code of Student Conduct, the Dean of Students.
- If the Board finds that a student did not commit the academic offense of which the student was accused, and a penalty at least as severe as XE or XF was to be imposed for the alleged offense, the hearing officer shall also notify the responsible dean. If the alleged offense occurred in a course in which the student was registered, and if the allegation was lodged on or before the last day of regularly scheduled classes, then the student shall be permitted to withdraw from the course at any time until and including the last day of regularly scheduled classes for that semester, or up to five days after the Appeals Board has made its decision, whichever is later. If the allegation was lodged before the deadline for dropping courses had passed, the student shall be permitted to drop the course within the same time limitations.
- If the Appeals Board finds a student did not commit an offense or reduces a recommended penalty, the Chair of the Appeals Board shall provide a rationale of the Appeals Board's decision to the complainant (instructor, dean, or Registrar) in a timely fashion if the complainant so requests. The rationale may be provided verbally or in writing, at the discretion of the Chair of the Appeals Board.
6.4.5.2.6 Implementation of Penalty
If the Appeals Board decides a penalty no more severe than a grade of E or F in the course in which the offense occurred, the instructor, or as appropriate the Instructor of Record, shall implement such a penalty. If the Appeals Board decides a penalty of XE or XF, the responsible dean shall implement that penalty. If the Appeals Board recommends a penalty of suspension, dismissal, expulsion, or revocation of a degree, the case shall be forwarded to the Provost, who shall take further action pursuant to SR 6.4.6.
6.4.5.2.7 Conditions for Readmittance After Dismissal
If the Appeals Board recommends or supports a penalty of dismissal, the Board may specify conditions under which it would consider approving a student's petition to be readmitted. The hearing officer shall notify the student of any such conditions.
6.4.5.3 Failure to Appeal
If a student fails to approach the Ombud within the time specified in SR 6.4.5.1.1, or if an appeal is not filed within the time specified in SR 6.4.5.2.2, the Academic Ombud shall so notify the student, the instructor and chair (if the offense was related to a course), the responsible dean, and the dean of the student's college of the finding, penalty, and failure to appeal. If a penalty less severe than suspension was recommended, the Academic Ombud shall also notify the Registrar; in the case of international students, the Director of International Student Affairs; and, if the offense also involves a violation of the Code of Student Conduct, the Dean of Students. On the other hand, if a dean or the Registrar recommended a penalty at least as severe as suspension, the Academic Ombud shall notify the Provost.