S.00-15

SIMON FRASER UNIVERSITY

To: ?

Senate ?

From: Joseph Peters

Chair, Committee to Review the

Student Conduct Policies

Subject: ?

Revision to Student Conduct Policies

?

Date: December 21, 1999

The Committee to review the Student Conduct policies met to discuss comments and

suggestions received from Senate and from the community on the proposed revisions

considered by Senate on October 4, 1999. Suggestions that were accepted by the

committee have been incorporated into the attached revisions of the policies and are

listed in the summary at the end.

Motion:

That Senate approve the revisions of the Student Conduct Policies contained in

Senate paper SOD-

is

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T 10.01 Code of Student Conduct

T 10.02 Code of Academic Honesty

T 10.03 Academic Dishonesty and Misconduct Procedures

to take effect May 1, 2000*.h1

*Cases of misconduct (academic or non-academic) which have reached the UBSD, the

President or SCODA by May 1, 2000 shall continue to be handled by the existing policy

until completed. All other cases would be handled under the new policy at whatever

stage they had reached on May 1, 2000.

Note:

SUBJECT: CODE OF STUDENT CONDUCT

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T 10.01

.1.0

STATEMENT OF PRINCIPLE

Simon Fraser University is committed to creating a scholarly community

characterized by honesty, civility, diversity, free inquiry, freedom from harassment,

mutual respect and individual safety. The purpose of this policy and accompanying

procedures in T 10.03 is to define students' basic responsibilities as members of the

academic community, to define inappropriate student conduct and to provide

procedures and penalties to be invoked and applied if they engage in such

unacceptable behaviour. Each student is responsible for his/her conduct which

affects the University community. This Code shall not be construed to prohibit

peaceful assemblies, demonstrations or free speech.

2.0 JURISDICTION

This policy covers the conduct of SFU students in university-related activities.

University-related activities include an activity of any type operated under

University auspices at any location.

3.0 MISCONDUCT

3.1 DISRUPTIVE OR DANGEROUS BEHAVIOURS

No student shall,

(a)

by word or action, disrupt University activities;

(b)

create a situation which endangers or threatens the health, safety or well-

being of another individual; or

(c)

harm, injure or threaten any person.

3.2 ?

DAMAGE, DESTRUCTION AND THEFT

No student shall,

(a)

possess or use University property or property of any member of the

University community without appropriate consent or authority;

(b)

misappropriate, destroy or damage University property or resources;

(c)

misappropriate, ?

destroy or damage other's

?

property on

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the University

campuses; or

(d)

deface any University building or property, or

(e)

Possess or use property belonging to someone else, which is acquired in

connection ?

with ?

a University ?

activity, ?

without ?

appropriate consent

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or

authority.

3.3 ?

FRAUD

AND MISUSE

No student shall,

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T 10.01 ?

T 10.01 Code of Student Conduct - REVISION

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T 10.01

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(a)

forge, misuse or alter any University document or record in paper or

electronic form; or

(b)

obtain any University equipment, material or service by fraudulent means.

3.4 UNAUTHORIZED ENTRY OR PRESENCE

No student shall,

(a)

contrary to express instruction from a person in authority enter or remain in

any University building or facility; or

(b)

enter, remain in, or willingly allow others to have access to areas designated

for faculty or staff without proper authorization.

3.5 VIOLATION OF UNIVERSITY POLICIES

No student shall contravene the Policy on the Fair Use of Information Resources

(GP 24), the Harassment policy (GP 18) or any other University policy.

3.6 MISUSE OF DISCIPLINARY PROCEDURES

No student shall falsify or misrepresent

misrepresent information which either

disciplinary hearing.

information or cause others to falsify or

leads to or is presented at an internal

4.0 PROCEDURES AND PENALTIES

4.1 PROCEDURES

Procedures to be followed by the University in finding facts and imposing a penalty

for acts of student misconduct or an appeal therefrom are detailed in the policy

T10.03 establishing the University Board on Student Discipline (UBSD) and the

Senate Committee on Disciplinary Appeals (SCODA). If circumstances warrant, the

President may suspend a student under the provisions of the University Act, or the

Policy on the Emergency Response to Threatening Behaviour (GP 25). An appeal of

a suspension under the University Act or GP 25 shall be heard by SCODA, but if

further action is deemed necessary, the normal procedures of UBSD and SCODA

shall be followed. A student may be temporarily suspended from the University

until the UBSD and SCODA processes are complete.

4.2

PENALTIES

Penalties/ remedies imposed by the University for misconduct may include but are

not limited to one or more of the following: a warning, a verbal or written

reprimand, exclusion from specified areas of the University, restitution or other

ameliorative measures, counselling, denial of admission or readmission to the

University, deregistration, forfeiture of University awards or financial assistance,

suspension or permanent suspension from the University.

.

T 10.01 ?

T 10.01 Code of Student Conduct -REVISION

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4.3 DETERMINATION OF PENALTIES

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In deciding on the appropriate sanction to be imposed for an act of student

misconduct, consideration may be given to the following factors:

(a)

the extent of the misconduct;

(b)

the inadvertent or the deliberate nature of the misconduct;

(c)

whether the act in question is an isolated incident or part of repeated acts of

misconduct; and

(d)

any other mitigating or aggravating circumstances.

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T 10.01

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T 10.01 Code of Student Conduct - REVISION

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T 10.01

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SUBJECT: CODE OF ACADEMIC HONESTY

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T 10.02

1.0 STATEMENT OF PRINCIPLE

All members of the University community share the responsibility for the academic

standards and reputation of the University. Academic honesty is a cornerstone of

the development and acquisition of knowledge. Academic honesty is a condition of

continued membership in the university community.

Academic dishonesty, like other forms of dishonesty, includes misrepresentation

with intent to deceive or without regard to the source or the accuracy of statements

or findings. Academic dishonesty, in whatever form, is ultimately destructive of the

values of the University; it is furthermore unfair and discouraging to the majority

of students who pursue their studies honestly. Scholarly integrity is required of all

members of the University.

2.0 JURISDICTION

This policy covers matters of academic dishonesty involving SFU students engaged

in University-related scholarly activities. Scholarly activities include credit and

non-credit courses, projects, essays, theses and research. This policy also covers

matters of academic dishonesty in University-related scholarly activities involving

SFU alumni if the matters occurred prior to graduation and were unknown at the

time of graduation.

3.0 FORMS OF ACADEMIC DISHONESTY

The illustrations presented below are considered to be representative but not

definitive nor exhaustive of activities which could be considered to constitute

academic dishonesty.

(a) Plagiarism is a form of academic dishonesty in which an individual submits

or presents the work of another person as his or her own. Scholarship quite

properly rests upon examining and referring to the thoughts and writings of

others. However, when excerpts are used in paragraphs or essays, the author

must be acknowledged using an accepted format for the underlying discipline.

Footnotes, endnotes, references and bibliographies must be complete.

Plagiarism exists when all or part of an essay is copied from an author, or

composed by another person, and presented as original work. Plagiarism also

exists when there is inadequate recognition given to the author for phrases,

sentences, or ideas of the author incorporated into an essay.

T 10.02 ?

T 10.02 Code of Academic Honesty - REVISION ?

T 10.02

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A draft paper, proposal, thesis or other assignment may be subject to penalty

for academic dishonesty provided the instructor/ supervisor has informed the

student(s) before the work is submitted.

(b)

Submitting the same essay, presentation, or assignment more than once

whether the earlier submission was at this or another institution, unless

prior approval has been obtained.

(c)

Cheating on an examination or falsifying material subject to academic

evaluation. This includes the unauthorized sharing of material, e.g. two or

more students using the same textbook during an "open book" examination;

or the use of course notes or any aids not approved by an instructor during a

"closed book" examination; unauthorized possession or use of an

examination or assignment.

(d)

Submitting as one's original work, essays, presentations or assignments

which were purchased or otherwise acquired from another source.

(e)

Using or attempting to use other students' answers; providing answers to

other students; failing to take reasonable measures to protect answers from

use by other students in assignments, projects or examinations; or submitting

identical or virtually identical assignments by students who studied together.

(f)

Impersonating a candidate in an examination or availing oneself of the

results of such impersonation.

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9

(g)

Submitting false records or information, in writing or orally. This includes

the falsification or submission of false laboratory results, documents,

transcripts or other academic credentials.

(h)

Stealing or destroying the work of another student.

(i)

Removing books or other library material without authorization, or

mutilating or misplacing library materials, or engaging in other actions which

deprive other members of the University community of their opportunity to

have access to the academic resources of the library.

(j)

Unauthorized or inappropriate use of computers, calculators and other forms

of technology in course work, assignments or examinations.

4.0 NOTIFICATION OF STANDARDS OF ACADEMIC HONESTY

All members of the university community have a responsibility to ensure that they

themselves, and others, are familiar with generally accepted standards and

requirements of academic honesty. Summaries of these shall be published in the

T 10.02 ?

T 10.02 Code of Academic Honesty - REVISION ?

T 10.02

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University Calendar and in the Registration Handbook. Ignorance of these standards

will not preclude the imposition of penalties for academic dishonesty.

Course instructors shall inform students at the beginning of the semester of any

special criteria of academic honesty pertinent to the class or course. Encouragement

of group work varies greatly between disciplines, and instructors shall convey to

their students the acceptable level of group work.

5.0 PROCEDURES AND PENALTIES

5.1 PROCEDURES

Procedures to be followed by the University in finding facts and imposing a penalty

for acts of academic dishonesty or an appeal therefrom are detailed in the policy

T 10.03 establishing the University Board on Student Discipline and the Senate

Committee on Disciplinary Appeals.

5.2

PENALTIES

Penalties imposed by the University for academic dishonesty may include but are

not limited to one or more of the following: a warning, a verbal or written

reprimand, reassessment of work, failure on a particular assignment, failure in a

• course, denial of admission or readmission to the University, deregistration,

forfeiture of University awards or financial assistance, suspension or permanent

suspension from the University or revocation of a degree.

5.3 DETERMINATION OF PENALTIES

In deciding on the appropriate sanction to be imposed for an act of academic

dishonesty, consideration may be given to the following factors:

(a)

the extent of the academic dishonesty;

(b)

whether or not the academic dishonesty was deliberate;

(c)

the importance of the work in question as a component of the course or

program;

(d)

whether the act in question is an isolated incident or part of repeated acts of

academic dishonesty; and

(e)

any other mitigating or aggravating circumstances.

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110.02 ?

T 10.02 Code of Academic Honesty - REVISION

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T 10.02

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SUBJECT: ACADEMIC DISHONESTY AND MISCONDUCT PROCEDURES

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T 10.03

1.0 GENERAL PRINCIPLES

Complaints of academic dishonesty and student misconduct may be resolved by

informal means. Where informal resolution is inappropriate or unsuccessful, an

impartial forum is provided in which there will be a complete examination of

allegations of academic dishonesty and misconduct on the part of students. This

examination is undertaken by a Tribunal of the University Board on Student

Discipline (UBSD). The Tribunal will provide individuals with an opportunity to

respond in a timely manner to allegations of academic dishonesty or misconduct,

and, if appropriate, recommend a course of action to the President or the Vice-

President, Academic if the President has already played a role in the case.

In any situation in which the University imposes a penalty for academic dishonesty

or misconduct on the part of a student, the student may appeal to the Senate

Committee on Disciplinary Appeals (SCODA). SCODA is the standing committee

of final appeal for students in matters of academic discipline as mandated in the

University Act, and is also the forum of final appeal for students in matters of

misconduct, harassment, and such other matters as Senate or the Chair of Senate

directs.

The Tribunal and SCODA will adhere to principles of natural justice and fairness.

The appropriate standard for a decision in this process is proof on the balance of

probabilities.

A student may be accompanied by a support person at any meeting concerning

disciplinary matters.

The Office of the Registrar, Secretariat Services is available to discuss procedural

issues. Students may also consult the Ombuds Office.

The University may proceed with a case even if it is also being dealt with in

proceedings external to the University.

2.0 PROCESS FOR HANDLING ACADEMIC DISHONESTY AND MISCONDUCT

2.1 ACADEMIC DISHONESTY IN COURSE WORK

If a course instructor1

2

believes that academic dishonesty may have taken place, the

instructor shall outline the nature of the concern to the student and the student

shall be given the opportunity to discuss this with the instructor.

1

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If an instructor is no longer available to handle the case, the chair of the curriculum committee or

equivalent will take over the role of the instructor.

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If the Chair of the Department is the instructor, an appropriate administrator within the department

shall take the role of the Chair in this policy.

T 10.03 ?

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When a course instructor finds that a student in one of his or her courses has been

academically dishonest, the course instructor may take one or more of the following

courses of action:

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(a) ?

(i) give the student a warning;

(ii)

require the student to redo the work or do supplementary work;

(iii)

assign a grade penalty less harsh than "F" for the work;

(iv)

impose a failing mark for the work.

In cases of (ii) to (iv) the student shall be informed of the nature of the academic

dishonesty and the decision in writing in a timely manner. In cases of (iv), the

Chair of the Department shall be informed in writing of the nature of the offence

and the decision. The student should be advised that the report will be retained in

the departmental student file and that, in the event of any further reports of

academic dishonesty, the report may be used in determining a penalty for the

subsequent academic dishonesty.

If the Chair receives notification that a student has been involved in more than one

case of academic dishonesty, the Chair may take action under (c).

(b) If the instructor believes that some penalty beyond that provided for in (a) is

warranted, he/she shall submit a written report of the facts to the Chair of the

department with a copy to the student.

(c) In the case of (b) or multiple cases of academic dishonesty, the Chair shall give

the student an opportunity to discuss the matter, and after reviewing the facts

of this case and any previous case or cases in the student's departmental file,

may take one or more of the following courses of action:

(i)

issue a formal reprimand to the student;

(ii)

assign a grade penalty less harsh than "F" for the course;

(iii)

assign a grade penalty of "F" for the course;

(iv)

refer the case to the UBSD.

The Chair shall communicate his/her decision, in writing, to the student with a

copy to the Registrar. The student should be advised that the report will be retained

in the student file in the Office of the Registrar and that, in the event of any further

reports of academic dishonesty, the report may be used in determining a penalty for

the subsequent case of academic dishonesty.

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(d) If in any case except (c) (iv) the student wishes to dispute the finding of fact of

the instructor or department Chair, the student may refer his/her case to the

UBSD, in writing, stating reasons, within three weeks of the date of

notification by the instructor or department Chair.

Cases referred to the UBSD should be addressed to the Secretary, University Board

on Student Discipline, Registrars Office.

2.2 FALSIFICATION OR MISREPRESENTATION OF DOCUMENTS

When the Registrar has reasonable grounds to believe that any document has been

falsified or a misrepresentation made that may create an incorrect perception of a

student's academic position or credentials, the Registrar shall give the student the

opportunity to present clarification or comments on the case, and may issue a

reprimand to the student, or, if he/she believes a more serious penalty should be

applied, shall forward a report of the incident to the UBSD with a copy to the

student. If the Registrar issues a reprimand, the student should be advised that a

copy of the reprimand will be retained in the student file in the Office of the

Registrar and that, in the event of any further reports of academic dishonesty, the

report may be used in determining a penalty for subsequent offences. A student

who disputes the facts in the case of a reprimand may refer his/her case to the UBSD

for a hearing to determine the facts. The student shall submit his/her request in

writing within 3 weeks of the date of notification by the Registrar.

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2.3 MULTIPLE REPORTS OF ACADEMIC DISHONESTY

If the Registrar receives a report of academic dishonesty which has resulted in the

application of a penalty by a department Chair and subsequently determines that

there are previous reports of other incidents, the Registrar shall give the student the

opportunity to meet and discuss these cases. The Registrar may refer the matter to

the UBSD. The Registrar shall notify the student and the departments involved.

2.4 MISCONDUCT

In the case of an incident of student misconduct, a written report of the incident

should be forwarded to the Director of Campus Community Services with a copy to

the Director, Campus Security, unless the report comes from Campus Security. In

harassment cases, the written report of the investigator under GP 18 will be sent to

the Director of Campus Community Services who is the responsible officer for

students.

The Director of Campus Community Services will give the student the opportunity

to meet and discuss the situation and may take one or more of the following courses

of action which he/she shall put in writing and send to the student:

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(a) ?

seek an informal resolution;

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(b)

recommend professional assistance with the intention of assisting the

student;

(c)

(g)

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issue

assess

a

and

formal

recover

reprimand;

costs to

?

rectify the damage or loss caused by the student;

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(e)

require the student to write a letter of apology;

(f)

allow the student to perform up to 50 hours of community service;

(g)

terminate scholarships or other financial support;

(h)

refer the matter to the UBSD.

If the Director of Campus Community Services takes action under (b) through (g),

the student should be advised that a copy will be retained in the student file in the

Office of Campus Community Services and that in the event of any further reports

of misconduct, the report may be used in determining a penalty for subsequent

offences.

In the case of (b) through (g), the student may dispute the facts by referring his/her

case to the UBSD, in writing, stating reasons, within three weeks of the date of

notification by the Director of Campus Community Services. Cases referred to the

UBSD should be addressed to the Secretary, University Board on Student Discipline,

Registrar's Office. ?

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2.5 CASES NOT REFERRED TO UBSD WHERE STUDENT DISPUTES THE PENALTY

In a case not referred to the UBSD, if the student wishes to dispute the severity of

the penalty, the student may forward his/her case to the Senate Committee on

Disciplinary Appeals, in writing, stating reasons, within three weeks of the date of

notification of the penalty. Cases forwarded to SCODA should be addressed to the

Secretary, Senate Committee on Disciplinary Appeals, Registrar's Office.

2.6 OFFICIAL TRANSCRIPT WITHHELD

In a case which is referred to the UBSD by a University official, the student's official

transcript will not normally be made available to the student until the case has been

concluded.

3.0 UNIVERSITY BOARD ON STUDENT DISCIPLINE - UBSD

3.1 In extenuating circumstances, the Co-ordinator of the UBSD may extend the time

limits for a student to dispute the findings of fact of the instructor, Department

Chair, the Registrar or the Director of Campus Community Services.

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3.2 The UBSD is an internal administrative body, governed by the principles of natural

justice and procedural fairness. Within this framework, it is free to develop

procedures and practices to conduct hearings and is not constrained by strict rules of

procedure and evidence.

3.3 The UBSD shall consist of eleven members named by the Vice-President, Academic

from a list of nominees drawn from the various campus constituencies. The Board

shall be comprised of three faculty, four students and three staff, plus a Co-ordinator

named by the Vice-President, Academic. In harassment cases the UBSD shall consist

of a single person appointed by the Vice-President, Academic. This person shall be

external to the University and shall be experienced as an adjudicator in harassment

proceedings.

3.4 Normally, faculty and staff shall be appointed to the Board for terms of three years

and students shall be appointed to the Board for one year terms. Terms of office will

be staggered to ensure some continuity of membership.

3.5 For each hearing, the Co-ordinator of the UBSD will appoint a Tribunal of three

persons consisting of a Chair and two other members. In deciding on the

composition of the membership of the Tribunal, the Co-ordinator of the UBSD shall

take into account the nature of the charges brought forward and the diversity of the

University community. The membership of the Tribunal shall include at least one

faculty member and one student.

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3.6 ?

When a case is unable to proceed because the student is unable or unwilling to

40

participate in the hearings at the UBSD level, the UBSD Co-ordinator may examine

the case. If the Co-ordinator determines that there are sufficient grounds to proceed,

the Co-ordinator will forward a recommendation to the Registrar to place a note on

the student's file, such that the student may not register again at the University

until the case has been appropriately dealt with.

4.0 UBSD HEARINGS

4.1 The neutrality of any member of the Tribunal scheduled to hear a case may be

challenged and will be determined by the Chair. If the neutrality of the Chair is

challenged, it will be determined by the other members of the Tribunal.

4.2 A Tribunal hearing shall be open to the public except when the Tribunal is of the

opinion that intimate financial or personal matters may be disclosed. The Tribunal,

on its own motion or on application from a party, may exclude the public from the

hearing or parts thereof.

4.3 The student shall be the applicant when asking for a review of a decision by the

respondent (i.e. the instructor, Department Chair, the Registrar or the Director of

Campus Community Services). In other cases, the instructor, Department Chair,

Registrar or Director of Campus Community Services (or their delegates) shall be

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the applicant and bring the case to the Tribunal. In these cases the student shall be

the respondent.

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4.4 ?

Hearings may be held using telecommunications at the discretion of the Chair of the

Tribunal. ?

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4.5 ?

In exceptional circumstances, the Tribunal may permit the student to appear

in

absentia by

delegate.

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4.6 ?

The parties to a Tribunal hearing (i.e. the applicant and the respondent) may have a

representative present at the hearing.

4.7 If the applicant or respondent fails to appear before the Tribunal at the appointed

time, the Tribunal may, without further notice, proceed in such absence or dismiss

the complaint or review.

4.8 If there are medical or compassionate reasons for non-appearance, the Secretary of

the UBSD must be notified immediately. The Chair will determine the acceptability

of such reasons and whether the hearing should be postponed.

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4.9 ?

All parties may be present throughout the hearing but witnesses shall be excluded

until they have presented their evidence.

4.10 Evidence will not be given under oath.

4.11 Each party shall be given the opportunity to ask questions of any witness.

4.12 The Tribunal is responsible for interpreting any policy under consideration.

4.13 The Chair of the Tribunal shall be responsible for the maintenance of an orderly

procedure in the hearing.

4.14 In cases referred to the UBSD by a student, the Tribunal will hear the evidence and

determine the facts of the case. If the Tribunal finds that the offense took place, the

penalty originally imposed will stand, and there will be no penalty hearing.

When cases are referred to the UBSD by a University official, the Tribunal will first

hear the evidence and determine the facts of the case (initial hearing). If the

Tribunal finds that academic dishonesty or misconduct has taken place, the Tribunal

will hold a second hearing to consider the recommendation on the penalty (penalty

hearing). These two hearings may take place on the same or different days. When

all parties are in agreement as to the facts, the Tribunal may proceed directly to

considering the recommendation on the penalty.

4.15 The Tribunal hearing determining the facts shall be audio-taped, and the tape is to

be used only for purposes of appeal.

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4.16 At a penalty hearing, the Tribunal may hear impact statements from witnesses or

parties.

.

4.17 Arguments

dealt with

about

at the Tribunal

procedural

hearing

fairness

that

at

determines

stages prior

the

to

facts

the UBSD

of the case.

shall be raised and

4.18 In harassment cases, the initial fact-finding will have been undertaken by an

investigator under GP 18. If the student disputes the facts, the UBSD shall consist of

a single person appointed by the Vice-President, Academic. This person shall be

external to the University and shall be experienced as an adjudicator in harassment

proceedings.

5.0 THE DECISION OF THE UBSD TRIBUNAL

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5.1 ?

The deliberations of the Tribunal shall be closed with no record kept.

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5.2 ?

The Chair of the Tribunal shall vote only in the case of a tie. No member of the

Tribunal shall abstain.

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5.3 ?

In those cases referred to the UBSD by the student, the Tribunal shall confirm or

overturn the findings of fact made by the person whose decision is under review. If

the decision is confirmed, the penalty remains unaltered. If the decision is

overturned, the Tribunal shall decide on an appropriate course of action consistent

with the finding of fact of the Tribunal. The Tribunal's decision shall be

communicated to the student and the relevant department(s).

5.4 For cases referred to the UBSD by a University official the Tribunal shall convey its

decision to the parties involved following deliberation with regard to the finding of

fact.

If the Tribunal finds that academic dishonesty or misconduct has taken place, the

Tribunal shall hear from the parties regarding its recommendation to the President

on a penalty. At this stage, the Tribunal shall have access to any other disciplinary

information about the student which is in the Registrar's file in any case of

academic dishonesty or the Director of Campus Community Services' file in any

case of misconduct. In addition, for those cases referred by Department Chairs,

information about other cases involving the student in that department shall also

be made available to the Tribunal. The Tribunal's decision shall be communicated

to the parties involved.

If the Tribunal finds that academic dishonesty or misconduct has not taken place,

the Tribunal shall decide on an appropriate course of action consistent with the

finding of fact of the Tribunal. The Tribunal's decision shall be communicated to

parties involved.

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5.5 Penalties which the Tribunal can recommend are those set out in the Code of

Student Conduct T 10.01 or in the Code of Academic Honesty T 10.02. The Tribunal

is not bound by previous penalties imposed.

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5.6 ?

The Tribunal shall state, in writing, findings of fact, reasons and recommendation

regarding penalty and provide all parties and the Registrar with a copy.

6.0 IMPOSITION OF A PENALTY BY THE PRESIDENT3

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6.1 ?

The parties shall be given the oppOrtunity to respond in writing within three weeks

to the Tribunal's recommendation to the President

3 regarding penalty.

6.2 The decision of the President

3

shall be communicated in writing to the parties. The

student will be advised of the process for appeal to the Senate Committee on

Disciplinary Appeals (SCODA), the time limits for initiating such an appeal, and the

services of the Ombuds Office.

?

6.3 ?

The decision of the President

3

will take effect at the expiry of the time limit for the

appeal, or when a decision on the appeal is made by SCODA.

6.4 A notation of a suspension or expulsion shall be placed on the student's official

transcript. A notation of a suspension will be removed when it expires. The report

will remain in a sealed envelope in the student file in the Office of the Registrar or

the Director of Campus Community Services until the student has graduated, and

may only be opened on the authorization of the Registrar if the student is involved

in other incidents of academic dishonesty or misconduct.

6.5 Academic work undertaken by a student at another institution while under a

penalty prohibiting attendance at SFU may not subsequently be transferred or in any

other way credited to the student's academic record at SFU.

?

6.6 ?

A report of a penalty imposed by an instructor shall remain in the student file in the

Department until the student has graduated.

6.7 A report of a penalty imposed by a department Chair or by the Director of Campus

Community Services shall remain in the student's file in the department or in

Campus Community Services and in the Office of the Registrar until the student

has graduated.

6.8 All records or information on a particular penalty or proceeding will be removed

from the student's file if the student's appeal is successful, and the University shall,

if possible, take steps to return the student to the position he/she would have been

in if the appealed decision had not been made.

Or the Vice-President, Academic. See paragraph 1.0

Q

T 10.03 ?

T

10.03 Academic Dishonesty and Misconduct Procedures - REVISION

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T 10.03

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December 16, 1999

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Page 8 of 12

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7.0 SENATE COMMITTEE ON DISCIPLINARY APPEALS (SCODA)

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7.1 ?

SCODA shall be comprised of the following:

(a)

Three faculty members and two alternate faculty members, who are not also

Chairs, Deans or Vice-Presidents, elected by Senate for overlapping 2 year

terms;

(b)

Three students and two alternate students elected by Senate for 1 year terms;

(c)

The chair of SCODA shall be a faculty member of SCODA elected annually by

the voting members of SCODA.

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7.2 ?

The Secretary of the Senate or his/her designate shall serve as a non-voting

secretary to the Committee.

8.0 GROUNDS OF APPEAL TO SCODA

8.1 A student may appeal to SCODA on one or more of the following grounds:

(a)

that a procedural error occurred of sufficient magnitude that it may

reasonably be said to have affected the fairness of the process or altered the

outcome of the case against the student;

(b)

that a factual error occurred of sufficient magnitude that it may reasonably be

said to have altered the outcome of the case against the student; or

(c)

that the penalty imposed on the student is excessive in all the circumstances

of the case.

A student may appeal to SCODA in writing setting out each ground of appeal. The

notice of appeal must be received by the Registrar's office within three weeks of the

decision which is the subject of the appeal.

8.2 A student or the University may appeal to SCODA in writing on the ground that

new evidence is available which is material and which could not have been made

available at the time of the hearing giving rise to the appeal despite the exercise of

due diligence by the party wishing to appeal. The notice of appeal must be received

by the Registrar's office within three months of the decision which is the subject of

the appeal.

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8.3 ?

In exceptional circumstances, student or, in the case of an appeal under Clause 8.2, a

student or the University may apply to the Registrar for an extension of time to file

the notice of appeal. The Registrar shall decide whether or not to approve an

extension. The Registrar's decision shall be final.

1 10.03 ?

T 10.03 Academic Dishonesty and Misconduct Procedures - REVISION

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T 10.03

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8.4 ?

The Registrar shall inform the respondent and the President of the notice of appeal

in writing, and schedule a meeting of SCODA as quickly as possible.

8.6

8.5

?

The

In

penalty

extenuating

shall

circumstances,

be stayed pending

the Chair

determination

of SCODA

of

may

the appeal

extend the

by SCODA.

time limits

?

for

0

filing an appeal.

9.0 SCODA HEARINGS

9.1 ?

SCODA, as an internal administrative body, will follow principles of natural justice

and procedural fairness. Within that framework, it is free to develop procedures and

practices to conduct appeals and is not constrained by strict rules of procedure and

evidence.

9.2 The number of members of SCODA required for hearing an appeal shall be two

faculty members, two students and the Chair. The quorum for other meetings of the

committee shall be five members of the committee, including the Chair.

9.3

?

To ensure the impartiality of the Committee, no member with previous

involvement in the case may hear the appeal.

9.4 The neutrality of any member of the Committee scheduled to hear an appeal may be

challenged and will be determined by the Chair. If the neutrality of the Chair is

challenged, it will be determined by the other members of the hearing panel.

9.5 ?

A student appeal shall be open to the public except when the Committee is of the

opinion that intimate financial or personal matters may be disclosed. The

Committee, on its own motion or on application from the appellant, may exclude

the public from the appeal or parts thereof.

9.6 ?

In exceptional circumstances, the Committee may permit the student to appear

in

absentia

by delegate.

9.7 ?

The appellant (or representative) shall be given the opportunity of making a

statement to the Committee to support the appeal.

9.8 ?

The respondent may also appear at the appeal. Where the appeal is under 8.2

she/he shall be entitled to speak to the new evidence.

9.9 ?

Both parties may be accompanied by a representative at the appeal.

9.10 If the appellant fails to appear before the Committee on the appointed time, the

Committee may, without further notice, proceed in such absence to determine the

appeal.

.

T 10.03 ?

T 10.03 Academic Dishonesty and Misconduct Procedures -

REVISION ?

110.03

Page 10 of 12

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December 16, 1999

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9.11 If there are medical or compassionate reasons for non-appearance, the Secretary

must be notified immediately. The Chair will determine the acceptability of such

reasons and whether the appeal should be postponed.

9.12 Appeals shall be based on the record of the preceding hearing or decision and any

relevant documentation considered.

9.13 Only when a case is being appealled under 8.2 shall the Committee hear new

evidence.

10.0 THE DECISION OF THE COMMITTEE

10.1 The deliberations of the Committee shall be closed with no record kept.

10.2 The Chair shall cast the deciding vote in the event of a tie. No member hearing the

appeal shall abstain.

10.3 Having heard the appeal, the Committee may

(a)

find in favour of the student under 8.1 (a) or (b)and substitute its own finding

or order a new hearing;

(b)

find in favour of the student under 8.1 (c) and vary the penalty;

(c)

find in favour of the appellant under 8.2 and substitute its own finding or

order a new hearing;

(d)

find against the appellant, confirming the original decision which remains

unchanged.

10.4 If the Committee determines that discipline of the student is unwarranted, the

University shall, if possible, take steps to return the student to the position he/she

would have been in if the appealed decision had not been made.

10.5 The decision on an appeal shall be communicated to the appellant, the respondent

and the President in writing as soon as possible after the decision has been made. If

SCODA recommends the revocation of a degree, that recommendation shall be

forwarded to Senate for action.

10.6 The decision of the Committee is final.

11.0 REPORTING

11.1 The Registrar and the Director of Campus Community Services shall maintain a

statistical summary of cases which are handled through their offices each year, and

these data shall be included in the Annual Report on Student Discipline Matters.

T 10.03 ?

T 10.03 Academic Dishonesty and Misconduct Procedures - REVISION

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Page

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11.2 In addition to the data in 11.1, the Annual Report on Student Discipline Matters will

contain a summary of the UBSD Tribunal's decisions, the President's decisions,

SCODA's decisions and the penalties imposed. This report will be accessible to the

University community and will be submitted to Senate for information except cases

or parts of cases that the Tribunal, SCODA or the President decides should not be

disclosed. Such summary shall not disclose the identities of the parties. A set of

decisions which does not disclose the identities of the parties shall be maintained in

the office of the Secretary of the UBSD and is available for review upon reasonable

notice.

12.0 RETENTION OF RECORDS

Any information and records relating to an action under these policies will be

handled by the University in compliance with British Columbia's Freedom of

Information and Protection of Privacy Act.

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T 10.03 Academic Dishonesty and Misconduct Procedures - REVISION

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1 10.03

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V

.

Following is a summary of the comments received and the actions taken.

T 10.01 ?

Code of Student Conduct

1.0 ?

Additions to the statement of principles;

Accepted

1.0 ?

Linkage of T 10.01 to procedures in T 10.03

Accepted

3.1(b) Define "well-being"

Not accepted

3.1(c) Clarification of jurisdiction;

Accepted

3.5

?

Linkage between T 10 policies and the residence policy

Already covered by 3.5 ".. any other University policy..."

3.6

?

?

Clarifying that abuse or violation of any disciplinary procedure would be a

violation of the policy

Accepted

4.2

?

Limiting the penalties to those listed;

Not accepted

T 10.02 Code of Academic Honesty

5.3(b) Clarification of inadvertent dishonesty;

Accepted

T 10.03

?

Procedures for UBSD and SCODA

1.0 Clarification of the Ombuds office name

Accepted

2.1(a) Notification of the Chair in writing in cases where the instructor requires the

student to redo the work, and where the instructor assigns a penalty less harsh

than "F" for the work should not be required.

Accepted

0

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2.1(a) Clarification of how Chair would be notified of multiple cases of academic

dishonesty

Not accepted

2.1(c) Suggestion to remove the strict requirement for the Chair to meet with students,

replacing this with" . .the opportunity to discuss.."

Accepted

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3.3 ?

Query about the person appointed to hear harassment cases. "Is this person

the same person appointed to investigate in the GP 18 Harassment Policy?"

No, the person appointed to hear harassment cases at the UBSD is not

the same person appointed to investi

gate

harassment cases in GP 18.

?

5.4 ?

Suggestion that wording be included to ensure clarity that a student's prior

record, if any, could only be accessed in the penalty hearing

Not accepted - wording appears clear

?

5.4 ?

Provide information on the outcome of cases to victims

Accepted

8.1(b) Add that an error by the UBSD would be a ground for appeal

Already included in 8.1(b)

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8.2 ?

Remove the possibility of a University appeal in a case where new evidence

emerged

Not accepted

8.1,8.2 Suggest that the grounds of appeal be rearrange so that all four grounds

accessible to a student be together

Not accepted because the ground of new evidence and the other three

grounds have different time limits.

?

9.3

?

Suggest that prior information about a case should also preclude a person sitting

as a member of SCODA

In practice, members are chosen to avoid someone from the same

department.

Suggest that a guide be prepared for chairs and instructors on informal resolutions and

creative sanctions.

Not accepted. The suggestion refers to T 10. 03, section 2.1. The

committee disagrees that informal resolutions and creative sanctions be

added to the list of options available in cases of academic dishonesty.

December, 1999

0

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I

Transition arrangements

1.

The new policies would take effect 1 May, 2000.

2.

They would be announced and put on the web as usual when approved.

3.

They would be published first in the timetable for 2000-2 courses and continue

thereafter.

4.

One new student member would be added to UBSD effective 1 May, 2000.

5.

Cases of misconduct (academic or non-academic) which have reached the

UBSD, the President or SCODA by May 1, 2000 shall continue to be handled by

the existing policy until completed. All other cases would be handled under the

new policy at whatever stage they had reached on May 1, 2000.

S