Academic Integrity Hearing Guidelines

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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.
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