Response to College
Senate Recommendation
Revised Academic Misconduct Policy
The
College Senate voted at its December 9, 2005, meeting to recommend to the
president that the following revised Academic Misconduct Policy (DOPS Policy
VIII:04:00) be approved:
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BUFFALO STATE
COLLEGE
DIRECTORY OF POLICY STATEMENTS |
Policy Number:
VIII:04:00
Subject:
Academic Misconduct |
Date:
1997/1998/2005 |
All students at the college are expected to
display honesty and integrity in completing course requirements and following
college academic regulations.
"Academic misconduct" refers to any form of plagiarism
or cheating on examinations or assignments, and is inconsistent with the aims
and goals of the State University College at Buffalo. Instances of academic
misconduct include, but are not limited to:
- Prior acquisition or possession of an examination and submission of
false data.
- Submission of the work of another individual without proper
acknowledgement.
- Performance of work in a course for another individual while
registered in the same course.
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PROCEDURES AND DUE PROCESS IN CASES
OF ALLEGED ACADEMIC MISCONDUCT
Throughout the following description of the possible steps in the review
process, the term "regular business day" is to be defined as a day upon which
classes are held at the college, with the exception of Saturdays and
Sundays.
The Academic Misconduct Committee serves as the final level of appeal in
the review process. It is composed of eight (8) committee members:
- The director of Academic Standards (chair)
- The associate dean from each instructional school (4)
- The judicial inquiry officer
- The chair of the College Senate Committee on Standards for
Students
- The chair of the College Senate Committee on Student Welfare
No penalty for any alleged instance of academic misconduct may be
imposed unless the student has been apprised of the allegation, the penalty,
and the procedures of due process that are available under this policy. Neither
the instructor nor the student should be represented or accompanied by an
attorney.
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I. For Alleged Academic Misconduct
in Connection with a Course
Throughout the entire process the student is expected to continue
attending classes and complete all coursework. At any point in the process, the
student has two choices: to accept the allegation of academic misconduct and
the stipulated consequences indicated below in the Statement of Resolution or
continue the Formal Procedure (B) as detailed below:
Statement of Resolution
The Statement of Resolution
is a written record of an allegation of academic misconduct and the resolution
of the allegation in keeping with the Buffalo State College Policy on Academic
Misconduct.
The Resolution of the allegation consists of two sections: Section A,
which provides documentation of a student being found not to have engaged in an
act of academic misconduct, and Section B, which details the sanctions imposed
if it is found that a student has engaged in academic misconduct.
If the student admits academic misconduct, the instructor has the
authority to impose any of the following sanctions:
- Issue a written warning.
- Allow student to repeat or resubmit academic work, telling the
student what grade penalty, if any, will be assessed.
- Submit a recalculated grade for the course.
- Submit a failing grade for the course. Note that the "J" component of
the "EJ," "FJ," or "UJ" assigned for academic misconduct will be recorded on the
student's "internal" audit, but will not appear on the student's official
transcript, and quality points will be averaged, if applicable, even if the
student repeats the course.
If the student feels he/she has not engaged in an act of academic
misconduct, or disputes the allegation or sanctions, then the student has the
right to appeal and will follow the procedure outlined below.
If the student withdraws from a course while academic misconduct
allegations are being addressed, the student will receive a "W" at the time of
withdrawal. If it is substantiated through the academic misconduct due process
procedure that the student engaged in academic misconduct during the course,
the grade will be converted to a "WJ." The "J" component of the grade will be
recorded on the student's "internal" audit but will not appear on the student's
official transcript. If the charges are not substantiated, the grade will
remain a "W."
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- PRELIMINARY
PROCEDURE
- Preliminary discussion between the student and the
instructor should be first course of action in resolving the question of
academic misconduct. When an instructor suspects that a student has cheated on
a paper, exam, project, or any assignment, the instructor shall consult with
the student first within a reasonable period of time (after the suspected
misconduct is discovered but before the end of the following semester [spring
or fall]). As part of this preliminary process, the instructor will inform the
department chair and the student of the allegation and set up a time to discuss
the allegations with the student. The department chair may also be present at
the meeting. The instructor will provide the student with a copy of the
Academic Misconduct Policy and procedures prior to this meeting.
The student will have the opportunity to explain any supposed or
alleged misconduct, to present evidence of innocence or give information
relevant to the investigation. If this meeting occurs after the semester has
ended, the student will receive an "N" grade for the course until the matter is
resolved.
- If this matter is unresolved in the preliminary discussion or the
student disputes the sanctions, then the student has the right to appeal and
will follow the formal procedure. If this is the case, then the original grade
of "N" will remain on the transcript until the student has completed due
process.
- If a student is found not to have engaged in academic misconduct
during the preliminary discussion, the instructor completes and retains a copy
of the Statement of Resolution (see attached). The student receives a copy. A
copy of this form will remain on file in the Academic Standards Office for a
period of seven (7) years. The situation is resolved at this point by the
completion of the Statement of Resolution.
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- FORMAL
PROCEDURE
- In the case of an allegation of academic misconduct, where the preliminary procedure fails to resolve the situation, the instructor must notify his/her chair in writing explaining the alleged misconduct and steps taken to resolve it within five (5) working days of the
conclusion of the preliminary procedure. (NOTE: In the event that the
instructor making the allegation is a department chairperson, step 1 will
consist of sending notification of the allegation to the associate dean of the
appropriate school, who will assume the duties of the chair as indicated
below.)
- Within five (5) working days of the receipt of the
instructor's written notification, the chair of the instructor's department
will send a registered letter to the student's local address or address of
record informing the student of the allegations and possible consequences, and
enclosing a copy of this policy, thereby informing the student of his/her right
to due process.
- The student must submit to the department chair a written request for
review of the allegation of academic misconduct within five (5) working days of
receipt of the department chair's written notification.
- The department chair, within five (5) working days of
receipt of the student's request, will forward copies of the request to the
chair of the Academic Misconduct Committee.
- The chair of the Academic Misconduct Committee, within five (5)
working days of receipt of the student's department chair's request, will
forward copies of the request to the instructor, the department chair, and the
dean and will schedule a meeting as soon as possible with the student, the
instructor, the department chair, and the members of the Academic Misconduct
Committee. Prior to the meeting, copies of all previous correspondence
concerning the allegation of academic misconduct will be forwarded to all
committee members for review.
At the meeting of the Academic Misconduct Committee, testimony will
be received from all parties in the presence of the student, instructor, and
department chair. The student has the right to cross-examine any witnesses who
have presented evidence against him/her. The committee has the right to
schedule further meetings and/or seek further evidence as necessary. The
Academic Misconduct Committee's final judgment will be reached in private
conference, with two-thirds majority vote being required for the binding
decision.
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- Within five (5) working days following the meeting, the
chair of the Academic Misconduct Committee will prepare a written decision and
complete the Statement of Resolution form, which will stand as the final
determination of the allegation of academic misconduct. The chair of the
Academic Misconduct Committee will send copies to the student (via registered
mail), the instructor, the department chair, the dean, and all members of the
committee.
- If the Academic Misconduct Committee determines that the
allegation of academic misconduct is not substantiated, the instructor will
submit a grade consistent with the instructor's grading policies and procedures
as stated in the instructor's syllabus for this course.
- If the Academic Misconduct Committee determines that the
allegation of academic misconduct is substantiated, the sanctions will be
outlined in the Statement of Resolution. Sanctions may be determined with input
from the instructor. The Statement of Resolution form will be kept on file in
the Academic Standards Office for a period of seven (7) years.
- If it is determined that a student engages in a second
academic misconduct offense, the penalty may be academic dismissal from the
college.
- Students shall be informed of their right to appeal in the Academic
Misconduct Committee's written decision. Students must appeal, in writing, to
the provost within five (5) working days of receipt of the decision.
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- GRADING AND COURSE REPEAT
A failing grade with a "J" designation that is given as a result of
a charge of academic misconduct and is substantiated throughout the review
process will become a permanent part of the student's "internal" audit (but
will not appear on the student's official transcript) and may not be changed by
repeating the course. The student will be allowed to repeat the course only
with written permission of the department chair. Copies of written permission
must be sent by the department chair to the Registrar's Office and Academic
Standards Office. Quality points will be computed using the average of the two
grades.
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II. For Alleged Academic
Misconduct in Other Settings Not Related to a Course
- PRELIMINARY PROCEDURE
- The supervisor of the examination will meet with the
student within five (5) working days of the date of the examination to discuss
the incident and attempt resolution. The student will have the opportunity to
explain his/her behavior and to present relevant information.
- If this matter is unresolved in the preliminary
discussion or the student disputes the sanctions, then the student has the
right to appeal and will follow the formal procedure.
- If a student is found not to have engaged in
academic misconduct during the preliminary discussion, the supervisor completes
and retains a copy of the Statement of Resolution (see attached). The student
receives a copy. A copy of this form will remain on file in the Academic
Standards Office for a period of seven (7) years. The student's examination
results will then be appropriately recorded. The situation is resolved at this
point by the completion of the Statement of Resolution. If it is determined
that a student has engaged in a second academic misconduct offense, the penalty
may be academic dismissal from the college.
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FORMAL PROCEDURE
- In the case of an allegation of academic misconduct,
where the preliminary procedure fails to resolve the situation (e.g., the
student does not concur with the supervisor of the exam), the supervisor of the
exam must notify the director of Academic Skills Center in writing explaining
the alleged misconduct and steps taken to resolve it within five (5) working
days of the conclusion of the preliminary procedure.
- Within five (5) working days of receipt of the exam supervisor's
written notification, the director of the Academic Skills Center will send a
registered letter to the student's local address or address of record informing
the student of the allegations and possible consequences, and enclosing a copy
of this policy, thereby informing the student of his/her right to due
process.
- The student must submit to the director of the Academic Skills Center
a written request for review of the allegation of academic misconduct within
five (5) working days of receipt of the director of the Academic Skills
Center's written notification.
- The director of the Academic Skills Center, within five (5) working days
of receipt of the student's request, will forward copies of the request to the
chair of the Academic Misconduct Committee.
- The chair of the Academic Misconduct Committee, within five (5)
working days of receipt of the student's Academic Skills Center director's
request, will forward copies of the request to the instructor/exam supervisor
and the dean, and will schedule a meeting as soon as possible with the student,
the instructor/exam supervisor, and the Academic Skills Center director, and the
members of the Academic Misconduct Committee. Prior to the meeting, copies of
all previous correspondence concerning the allegation of academic misconduct
will be forwarded to all committee members for review.
At the meeting of the Academic Misconduct Committee, testimony will
be received from all parties in the presence of the student, exam supervisor,
and director of the Academic Skills Center. The student has the right to
cross-examine any witnesses who have presented evidence against him/her. The
committee has the right to schedule further meetings and/or seek further
evidence as necessary. The Academic Misconduct Committee's final judgment will
be reached in private conference, with two-thirds majority vote being required
for the binding decision.
- Within five (5) working days following the meeting, the chair of the
Academic Misconduct Committee will prepare a written decision and complete the
Statement of Resolution form, which will stand as the final determination of the
allegation of academic misconduct. The chair of the Academic Misconduct
Committee will send copies to the student (via registered mail), the
instructor/exam supervisor, the Academic Skills Center director, and all
members of the committee.
- If the Academic Misconduct Committee determines that the
allegation of academic misconduct is not substantiated, the chair of the
committee, after consultation with the exam supervisor, will require the exam
supervisor to submit a score. The student and exam supervisor will receive a
copy of the Statement of Resolution with Section A completed.
- If the Academic Misconduct Committee determines that
allegation of academic misconduct is substantiated, the sanctions will be
outlined in the Statement of Resolution. Sanctions may be determined with input
from the supervisor. The Statement of Resolution form will be kept on file in
the Academic Standards Office for a period of seven (7) years.
- If it is determined that a student engages in a second academic misconduct offense, the penalty may be academic dismissal from the college.
- Students shall be informed of their right to appeal in the
Academic Misconduct Committee's written decision. Students must appeal, in
writing, to the provost within five (5) working days of receipt of the
decision.
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III. COMPLICITY IN ACADEMIC
MISCONDUCT
When it has been determined by an
instructor that another student(s) in the class has been involved or assisted
with the alleged misconduct of a student, the alleged accomplice will meet with
the instructor to discuss his/her role in the incident. If the instructor feels
that there is sufficient evidence to indicate complicity in the misconduct, the
procedures outlined above will be followed. If the accomplice is not a member
of the class, the accomplice will be referred directly to the student judicial
system for formal resolution.
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IV. RECORD KEEPING AND
ACCESS
- A student file containing all relevant materials to the
academic misconduct proceedings will be kept on file in the Academic Standards
Office for seven (7) years.
- These records may be accessed in accordance with the FERPA
guidelines outlined by the college. Any college employee asked for assistance
in obtaining a student's academic misconduct records will be responsible for
assisting the student until the student's records have been obtained.
I hereby approve the revisions to the
Academic Misconduct Policy (DOPS Policy #VIII.04:00) and authorize
implementation of the amended policy effective with the beginning of classes
for the fall 2006 semester.
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Receipt of Legal Papers Served on the College
The SUNY Office of University Counsel advises that all college offices should be notified of the procedures to follow regarding the receipt of legal papers of any kind by a campus employee. Accordingly, Buffalo State's procedures are as follows:
The associate vice president for finance and management/comptroller is the college's official liaison to the Office of University Counsel for the purpose of receipt of service of legal papers on the college, notification of the area of the college affected (required to respond), and decision about who should notify SUNY counsel, the attorney general, or other parties. When legal papers of any kind are served upon a campus employee or the college, the campus liaison should be contacted immediately and the legal papers should be forwarded to the liaison.
If the associate vice president for finance and management/comptroller is unavailable, the referral should be made to the assistant vice president for finance and management.
This procedure is especially important when legal papers request personnel files or information on students or are requests made under the USA Patriot Act. Various other rights, such as those afforded by FERPA (Family Educational Rights and Privacy Act), the Personal Privacy Protection law, and collective bargaining agreements, are involved in those situations.
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Policy Governing Use of College Resources
College resources, including equipment, supplies, services, and facilities, shall be used for official college business only. Use of college resources for commercial purposes or for personal gain is prohibited. Any loan of college property (other than library materials) to any party for personal use is prohibited.
Please direct questions regarding this policy to Gary Phillips, associate vice president and comptroller, at ext. 4312.
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Students' Awards for the Promotion of Respect for Diversity and Individual Differences
The President's Council on Equity and Campus Diversity seeks nominations from students for faculty or librarians and staff who have increased students' respect for diversity and individual differences in or out of the classroom.
Nominees may be counselors, coaches, librarians, professors, or any other member of the faculty or staff. Persons selected to receive the award and those who nominated them will be recognized at a special program on April 11, 2006, during Bengal Pause.
Nomination forms and additional information is available in the Equity and Campus Diversity Office, Cleveland Hall 415, or at www.buffalostate.edu/equity/documents/Nominationform.doc.
Deadline for submissions is Friday, March 10.
Please contact Estelle Hofschneider in the Equity and Campus Diversity Office at ext. 6210 or hofsea43@buffalostate.edu with questions.
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Phillip Santa Maria Award for Student Leadership in Equity and Campus Diversity
For 25 years, Dr. Phillip Santa Maria served as dean of students at Buffalo State College. During his tenure, he was recognized both on campus and throughout the community for his leadership on a variety of diversity and social justice issues. This award has been established in his honor and will be given annually to recognize students who exemplify Dr. Santa Maria's commitment to service, social justice, and diversity.
Students, faculty, and staff are invited to submit nominations of student leaders who exemplify his commitment to service, social justice, and diversity through promoting respect for diversity and individual differences in their activities, projects, discussions, or leadership with student organizations and groups for this purpose.
Nomination forms and additional information are available in the Equity and Campus Diversity Office, Cleveland Hall 415, or at www.buffalostate.edu/equity/documents/Nomination.doc.
Deadline for Submissions is Friday, March 10.
Please contact Estelle Hofschneider in the Equity and Campus Diversity Office at ext. 6210 or hofsea43@buffalostate.edu with questions.
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College Senate Meeting
The first College Senate meeting of the spring semester will be held at 3:00 p.m. Friday, February 10, in E. H. Butler Library 210. The meeting agenda has been posted on the Senate Web site. Interested faculty and staff members are invited to attend.
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Curricular Proposal Deadline
Curricular proposals should reach the College Senate Office, Cleveland Hall 211, by Friday, March 10, to allow sufficient time for spring semester processing. Proposals received after that date are not guaranteed action before the end of the semester.
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Curricular Items
The following has been received in the College Senate Office and forwarded to the Senate Curriculum Committee for review and approval:
Intellectual Foundations Courses
Intellectual Foundations Designation:
EDU/EXE 375 Integration of Technology in Education (Technology and Society)
The following have been approved by the Senate Curriculum Committee and forwarded to the president for review and approval:
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Intellectual Foundations Courses
New Course:
BSC 101 Foundations of Inquiry
Intellectual Foundations Designations:
ANT 101 Understanding Culture (World Civilizations)
ANT 144W Folklore and Folklife (Social Science)
ANT 303 Anthropology of Europe (Western Civilization)
ANT 327 Medical Anthropology (World Civilizations)
ANT 329 World Prehistory (World Civilizations)
ANT 367 Culture and Ecology (World Civilizations)
ANT 381 Religion, Magic, and Culture (World Civilizations)
ECO 101 The Economic System (Social Science)
ECO 103 Economic History of the United States (American History)
ECO 201 Principles of Macroeconomics (Social Science)
ECO 202 Principles of Microeconomics (Social Science)
GEG 359 Geography of the Arctic from an Inuit Perspective (World Civilizations)
HIS 106 History of American Life I (American History)
HIS 107 History of American Life II (American History)
HIS 115 Foundations of Western Civilization (Western Civilization)
HIS 116 Europe Since 1500 (Western Civilization)
HIS 117 Europe: The Twentieth Century and Beyond (Western Civilization)
HIS 230 World Civilizations to 1600 (World Civilizations)
HIS 307 History of India (World Civilizations)
HIS 310 History of East Asia: The Traditional Era (World Civilizations)
HIS 320 Modern Japan and Korea (World Civilizations)
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