Student Guide to Academic Integrity Hearings This guide is intended to assist students who are preparing for a hearing before a Faculty Adjudicator and is supplementary to the Academic Integrity Policy. An academic integrity hearing is held to provide the opportunity for both parties to present information and any evidence. There is an established order in which the parties speak, and there are specific guidelines for witnesses and representatives (advisors). Roles of Parties Involved ** There can be more than one person involved in these roles (for instance, more than one student charged with academic dishonesty), but language is used in the singular for simplicity. Faculty Adjudicator: A Faculty Adjudicator will chair the hearing, listen and ask questions. After the hearing s/he will review all the presented evidence and make the decision. University Representative: This person will present the case against the student and is responsible for showing academic dishonesty occurred. The University Representative is usually an instructor. Student: The student will be asked to respond to a charge of academic dishonesty, or, if the hearing is requested by the student, the student will make the case that the violation did not occur and/or that the penalty is too severe. Witnesses: Both the student and the University Representative may call witnesses. Parties are responsible for producing their own witnesses and paying any costs associated with their appearance. Witnesses will stay in the hearing only while they are testifying and responding to questions. Representatives: The student has the right to have a Representative (an advisor or support person) present at the hearing. A Representative may consult with the student but is not allowed to speak at the hearing. Additional Information Open Hearing: Academic integrity hearings are normally open to the public. Either party may request that the hearing be closed (meaning only the parties, representatives, and Faculty Adjudicator are allowed in the room). The Faculty Adjudicator will hear the reasons for a closed hearing and will decide if the hearing is open or closed. 2 Administrative Law: This type of administrative hearing falls under administrative law rather than criminal law, which means much of what you have seen on television does not apply. For example, in criminal law a person must be found “guilty beyond a reasonable doubt”. The standard for these administrative hearings is “preponderance of evidence”, meaning the evidence shows it is more likely than not that academic dishonesty occurred. Pre-Hearing Once it has been determined a hearing will occur, you will be contacted regarding hearing times and location. A written package of information will be mailed to you containing the formal notice of hearing, the Academic Integrity Policy, a copy of the written evidence and this guide. There are a number of things you can do to prepare for the hearing: 1. If you wish to have adjudication without a hearing, you can request this option, as per section 7.21 of the Academic Integrity Policy. 2. If you believe there is a reason why the assigned Faculty Adjudicator should not hear the case, you can request another Faculty Adjudicator. 3. You may prepare a written statement in advance of the hearing which will be circulated to all parties. This can be arranged through the Office of Academic Integrity. 4. You must make the necessary arrangements for your witnesses to attend the hearing. Please see the above information on witnesses. If it is impossible for one of your witnesses to attend the hearing, s/he may submit a written statement instead. The statement should be detailed and should answer any obvious questions since the witness will be unavailable for questioning at the time of the hearing. 5. You may ask a representative (advisor) to assist you at the hearing. Please see the above information on representatives. 6. You should review the written case against you and prepare questions. Additionally, you should prepare your defense: what exactly you are going to say and in what order, what points you want to emphasize, etc. 7. It is inappropriate to approach the Faculty Adjudicator or the University Representative in advance of the hearing. Any questions regarding how the hearing works or what the process is should be directed to the Office of Academic Integrity. 8. The Faculty Adjudicator will make a decision of innocence or guilt based on the written and oral information presented at the hearing and will not be informed of any previous academic dishonesty violations you may have prior to making that decision. If the Faculty Adjudicator determines you are guilty, s/he will be informed of any previous record before a sanction is decided. You can choose whether you want to refer to previous violations, if you have any: but this hearing will focus on the case at hand and is not an appeal of the previous decision. 3 9. Student Requests for a Hearing: If you are requesting a hearing, you become the Applicant and the responsibility for making your case rests with you. If you are making reference to any written materials, you must provide a copy. For example, if the course outline is important to your case, you should include a copy of it in your package of written materials. You will be speaking first and will be asked to review and explain what you have put in writing. At the Hearing If this is a Hearing for a repeat violation or a serious first violation, then the order of the hearing is as follows: 1. All parties are introduced by the Faculty Adjudicator. 2. If there are requests to close the hearing, the request is heard and the Faculty Adjudicator decides if the hearing will be open or closed. 3. Witnesses are asked to leave the room until called upon. 4. Any written documents are identified and become part of the record of the hearing. 5. The University Representative presents the charge and any supporting evidence. You and the Faculty Adjudicator are permitted to ask questions. 6. The University Representative calls any witnesses one at a time. You and the Faculty Adjudicator ask questions of each witness at the end of his/her testimony. Witnesses leave the room after their testimony. 7. The University Representative clarifies any new points arising from the questioning. 8. You present your defense and any supporting evidence. The University Representative and Faculty Adjudicator are permitted to ask questions. 9. You call any witnesses, one at a time. The University Representative and Faculty Adjudicator ask questions of each witness at the end of his/her testimony. Witnesses leave the room after their testimony. 10. You can clarify any new points arising from the questioning. 11. The University Representative may respond to any evidence you have presented. 12. After this point, there is no further questioning of the parties by anyone other than the Faculty Adjudicator. 13. The University Representative summarizes the case. If you have admitted to a violation of the policy, the University Representative will also address the issue of appropriate sanctions. If you have not admitted to a violation of the policy, sanctions should not be addressed at the hearing. The University Representative will be given an opportunity to make a written submission regarding appropriate sanctions. 14. You summarize your case. If you have admitted to a violation of the policy, you may also address the issue of appropriate sanctions. If you have not admitted to a violation of the policy, sanctions should not be addressed at 4 the hearing. You will be given an opportunity to make a written submission regarding appropriate sanctions. 15. The hearing is adjourned. 16. Both parties will be informed of the decision in writing. If this is a Student Request for Hearing, then the order is the same as above, except that you become the applicant and therefore you go first; the University Representative becomes the respondent and goes second. In addition, at step 13, you may also address the appropriateness of the instructor’s penalty. In step 14, the University Representative may respond to the issue of the penalty. Otherwise the process is the same. Helpful Information 1. It is your responsibility to present your case. You should come to the hearing prepared and ready to present your information and/or evidence. Writing down questions or points you wish to make in advance of the hearing is usually helpful. Practicing what you intend to say before the hearing may also help your presentation. 2. The Faculty Adjudicator will make his/her decision based on the written submissions and what is said at the hearing. It is inappropriate to approach the Faculty Adjudicator outside of the hearing and information presented other than the written material and what is said at the hearing will not be considered. 3. Any witnesses you bring to the hearing should have evidence that is directly related to the case. Character witnesses are not generally helpful. This hearing is not to determine if you are a “good” or “bad” person, rather, whether or not you committed academic dishonesty, and, in some cases, what the appropriate penalty should be. 4. It is expected that all parties will behave in a respectful manner at the hearing; do not interrupt, listen to what others have to say, and address others in a respectful tone and manner. This guide has been adapted, with permission, from McMaster University’s “Student Guide to Hearings,” produced by McMaster’s Office of Academic Integrity.