Academic Integrity Hearings Guidelines MacEwan University Academic Integrity Hearings are based on the two fundamental principles of procedural fairness: the right to be heard and the right to an unbiased decision. These guidelines are designed so that students who are alleged to have violated the academic integrity policy are given an opportunity to know the details of the case against them and to respond to it before an unbiased decision maker. 1. Parties to a Hearing Parties to a Hearing include the University Representative (usually an instructor or his or her Chair), and the student against whom the allegation of academic dishonesty has been made or who is disputing an instructor’s decision and penalty regarding an alleged violation of the Academic Integrity Policy. 2. Representatives Each Party may bring one representative to the hearing. The Parties may consult with their representative during the Hearing although representatives shall normally not speak or make submissions at the Hearing. 3. Witnesses a) Parties to a Hearing have the right to call, question, and cross-examine witnesses. b) Parties are responsible for producing their own witnesses and paying for any costs associated with their appearance. c) If a witness is unable to attend a Hearing, a witness may submit a written statement. However, every attempt must be made to allow an opportunity to question the witness about his/her statement. Failure to allow such questioning may weaken the impact of such a statement. d) A list of witnesses will normally be submitted at least five days prior to the hearing; the list must contain a rationale for calling each witness. e) The Faculty Adjudicator may limit testimony and the questioning of witnesses where he/she is satisfied that the testimony and questioning has been sufficient to disclose fully and fairly all matters relevant to the case. f) Witnesses will be present in the Hearing only while they are testifying and responding to questions unless the Faculty Adjudicator allows them to stay. g) The Faculty Adjudicator has the right to call his/her own witnesses. 4. Closed/Open Hearings Hearings are normally open, but any Party to the proceeding may request a closed Hearing. The Faculty Adjudicator shall determine in his or her sole discretion whether sufficient cause for closing the Hearing exists. In the event that there is insufficient cause, the Hearing shall remain open. Academic Integrity Hearings Guidelines MacEwan University 5. Similar Questions of Fact or Policy If two or more proceedings before Faculty Adjudicator(s) involve the same or similar questions of fact or policy, the Faculty Adjudicator(s) may a) combine the proceedings or any part of them; b) hear the proceedings at the same time; c) hear the proceedings one immediately after the other. 6. Notice of Hearings The parties shall be given written notice of the Hearing. In the case of the student, the notice shall be sent by e-mail to the student’s MacEwan e-mail address. Students are expected to check their MacEwan e-mail on a regular basis. 7. Scheduling of Hearings An attempt shall be made to schedule Hearings at a time and place convenient for all Parties. However, if a Party who has been notified of a Hearing date is absent without contacting the Academic Integrity Officer or Faculty Adjudicator with a satisfactory explanation, the Hearing may proceed in his/her absence. 8. Evidence a) The student is entitled to receive, prior to the Hearing, written particulars of the allegation(s) against him/her. Communication of such particulars must not violate third party privacy protection provisions of the Alberta Freedom of Information and Protection of Privacy Act and Regulation. b) Parties have the right to submit written and documentary evidence in support of their cases prior to the Hearing and to receive copies of any such evidence submitted by either Party. All written and documentary evidence will normally be provided to the other Party not less than five days prior to the hearing. c) Parties have the right to present evidence at the Hearing, including their own testimony and any further written and documentary evidence in support of their cases and to receive copies of any such evidence submitted by the other Party. d) The Faculty Adjudicator may consider and grant a recess or an adjournment at the request of either Party to allow them to review written or documentary evidence submitted at the Hearing. e) The Faculty Adjudicator may require the production of written or documentary evidence by the Parties or by other sources. The Faculty Adjudicator has the power to call his/her own witnesses. f) The Faculty Adjudicator must not hear evidence or receive representations regarding the substance of the case other than through the procedures described in this Policy. g) The Faculty Adjudicator may admit as evidence at a Hearing any oral testimony and any document, written or other thing, relevant to the subject matter of the proceeding. The Faculty Adjudicator is not bound by the laws of evidence applicable to judicial proceedings. Academic Integrity Hearings Guidelines MacEwan University 9. Order of Proceedings The order of the proceedings shall be as follows: a) The Faculty Adjudicator will introduce the Parties, summarize the issue, and outline the procedure for conducting the Hearing (below). b) The appellant shall present the charge, any supporting evidence, and shall call any witnesses. The respondent and the Faculty Adjudicator shall be permitted to question each witness at the end of his/her testimony. The appellant shall be permitted to clarify any new points arising from such questioning. c) The respondent shall present his/her evidence and shall call any witnesses. The appellant and the Faculty Adjudicator shall be permitted to question each witness at the end of his/her testimony. The respondent shall be permitted to clarify any new points arising from such questioning. d) The appellant may respond to any evidence presented by the respondent in c) above. e) The Parties will be permitted an opportunity to summarize their respective cases. The summary should address both the substance of the alleged offence and the appropriate penalty in the event that the allegation is determined to be valid. 10. Adjournment The Faculty Adjudicator may grant an adjournment at any time during the Hearing to ensure a fair Hearing. 11. Distance Courses In situations where the student against whom the allegation of academic dishonesty has been made resides outside of the Edmonton area, all reasonable efforts will be made to encourage the student to come to Edmonton for a Hearing in person. However, when this is not feasible, Hearings may be convened using video- or tele-conferencing technology. 12. Appropriate Procedures a) Where any procedural matter is not dealt with specifically in this policy, the Faculty Adjudicator may, after hearing submissions from both Parties and considering the principles of fairness, establish an appropriate procedure. b) Any procedural requirement contained in this policy may be waived with the consent of the Faculty Adjudicator and of all the Parties. Note: These procedures have been adapted, with permission, from those in use at McMaster University and Mount Royal University.