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?
SiMON FRASER UNIVERSITY
MEMORANDUM
To ....... .SENATE
?
.From. S
E
A. .CONI1J'tTE. T.Q. ONIDER. STUDENT..
ACADEMIC DISCIPLINE AND CONDUCT
Subject. .
REPPRI,. SADC ..................................... .
Date. . .J1JMY. .27,,..1M1 ..............................
1.
The Senate Committee to Consider Student Academic Discipline and
Conduct was established by Senate on March 5, 1979. The terms of
reference for the Committee and the membership structure are shown
on Appendix I herewith. Student membership changed at various times
with M.. Elliott replacing T. Glas as at November 21, 1979 and J.
Crawley replacing N. Elliott as at November 21, 1980. There was no
change in chairmanship, in faculty members, in Secretary.
The Secretary has been informed verbally of the resignation of
•J. Crawley and that the Student Forum removed the student members
as at January 14, 1981. An open forum was held on January 19, 1981
without students as members of the Committee and a meeting of the
Committee, still without student members, was held on January 21 to
incorporate some of the changes proposed at the open forum and
through written submissions.
?
. . ?
.
.
?
The Chairman has been informed verbally that the intent is to return
two students as members of the Committee .
as soon as possible in
February.
A brief summary is appended indicating number of meetings held and
processes followed in obtaining input to the Committee.
2. Under its first term of reference the Committee has concerned itself
with intellctual honesty and has developed SADC 85 - Statement on
Intellectual Honesty, SADC 87 - Procedures for Dealing with Incidents
of Intellectual Dishonesty, and under its third term of reference it
developed SADC 89 - Terms of Reference, Senate Committee on Academic
Discipline.
The Committee is now providing these documents to Senate with its
recommendations.
3.
Under its second term of reference the Committee concerned itself
with student conduct, as charged by Senate. 'It developed.a general
statement - SADC 86 - Statement on Student Conduct, a further paper
on Draft Procedures for Dealing with Student Misconduct and incorpor-
ated language in an earlier draft of SADC 89. In this area of
student conduct there are contentious issues. These documents are
not submitted at this time as discussion is not completed.
.
?
?
It is the view of the Committee that opportunities should be provided
for discussion to continue, with student representation on the Committee,
on this charge from Senate relative to conduct.

 
-2-
4.
The Committee therefore submits its interim report and recommends that
Senate approve the following items:
MOTION 1. That Senate approve the proposed Statement on
Intellectual Honesty. ?
.
?
Paper. S.81-34A
MOTION 2. That Senate approve the Procedures for Dealing
with Incidents of Intellectual Dishonesty
?
Paper S.81-34B
MOTION 3. That Senate approve the Terms of Reference. -
Senate Committee on Academic Discipline.
?
Paper S.81-34C
In discussion at the Senate Committee on Agenda and Rules it was recom-
mended that the items be separated and that there be three separate
motions as shown above. The intent is that normal practice be followed
and that vote will be undertaken o
p
. the specific main motion (or main
motion as amended). when debate on the paper is completed.
It is further intended that in debate on each of the main motions and on
papers items will be dealt with seriatim.
?
.
5.
The Committee recommends that discussion be allowed to continue, with
student
Ii
conduct.;
representation
As indicated
on the
above,
Committee,
the Student
on the
Society
charge
has
from
indicated
Senate relative
intention
to return two students to the Committee in early February.
6.
During a number of discussions of the Committee it was agreed that concur-
reiitly with submission of a report to Senate attention would be drawn to
two areas which were of concern to the Committee during its deliberations:
1) Statements were developed by the Committee under the charge to it
related to student intellectual dishonesty and academic discipline.
It is the view of the Committee that the attention of Senate should
be.drawn to the desirability of developing appropriate statements
and procedures on faculty ethics and responsibilities.
ii) Senate is advised that it may be desirable to establish further
polities relative to some aspects of student records management,
including the degree of permanency of retention of disciplinary
actions and access to such information.

 
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To January 23, 1.981
STATEMENT ON INTELLECTUAL HONESTY - SADC 85
The academic standards and reputation of a university are a shared
responsibility of the faculty and students. Intellectual honesty is a
cornerstone of the development and acquisition of knowledge and is a
condition of continued membership in the university community.
Intellectual dishonesty may take many forms. For example, the unacknowledged
use of the ideas or published material of others constitutes plagiarism.
While much academic work must involve 'the consideration of ideas, and material
originally conceived or made accessible by others, there is a significant
difference between an acknowledged restatement of such ideas and materials,
after intelligent assimilation, and the intentional, unacknowledged. re-
production of them. Other examples of intellectual dishonesty are cheating on
exams, aiding and abetting cheating, the use of essays prepared by other
persons, a falsification of laboratory results, impersonation Qf another
student at an examination, misrepresentatio
n
of information on and the
falsification of academic records.
Academic Discipline
Sanctions imposed by'the'UniyersitY for intellectual dishonesty may
include a simple warning, reassessment of the work, failure on the
particular assignment, failure in the course, denial of admission or
readmission, forfeiture of university financial aid, and suspension
or expulsion from the University.
In deciding on the appropriate. sanction to be imposed for an act
violating intellectual
honesty, consideration will be given to all,
relevant matters including the extent of the dishonesty, the
inadvertent or the deliberate character of the dishonesty, the
importance of the
work in question as a course component, whether the
act in question is an isolated incident or part of repeated acts of
academic dishonesty, and to any mitigating or aggravating circumstances.
Procedures to be followed by university authorities or by a student
wishing to initiate an appeal in a case of academic discipline are detailed
in the University's Policies and Procedures Manual. Copies of the
procedures are available
from the
.office of the Registrar.

 
To January 23, 1981
PROCEDURES FOR-DEALING WITH INCIDENTS OF
INTELLECTUAL DISHONESTY -
SADC 87
?
A ?
1. ?
Course instructors are expected to inform students at the beginning
of the semester of any special criteriaof intellectual honesty pertinent
to the course. Such special criteria shall be consistent with the
University's "Statement on Intellectual Honesty". Failure of a course
instructor,to provide special information pertinent to the course does
not inany way exempt a student from penalties that may be imposed
under these procedures.
?
2.
?
When a course instructor finds that a student in. one of his, or her
courses has been intellectually.dishonest, the course instructor
,
shall:
take one or more, of the following courses of action:
(a)
require the student to redo the work or-impose a failing mark for
the work, or both;
?
.
(b)
with the approval of -
.
the Department Chairman, give the student a
grade of "F" for the course;
(c)
' recommend to the Department Chairman that the student's status
as a member of the University community be reviewed by the
President.
The student shall be informed of the action taken and may be restricted
by the University from withdrawing from a course once the course Instructor
initiates action to invoke penalties under paragraph 2(b) or paragraph
2(c), or both.
In deciding on the appropriate sanction to be imposed for an act violating
intellectual honesty, consideration will be given to all relevant matters
including the extent
of the dishonesty, the inadvertent or the deliberate
character of the dishonesty, the importance of the work in question as a
course component, whether the act in question.is an isolated incident or
part of repeated acts of academic dishonesty, and to any mitigating or
aggravating c irumstances •:
• The Department Chairman will investigate the facts relating to the
incident
' of alleged intellectual
,
dishonesty before approving a penalty
under paragraph A.2(b) or initiating action under paragraph A.2(c).
4. , Each Department shall establish a' standing committee called the Committee
on Academic Discipline Appeals to hear appeals from the decisions made
under paragraphs A.2(a) and 2(b). This, committee's membership must
?
. ?
, include an equal number of faculty and student members and a chairman from
the Department who may be either a student or a faculty member and who may

 
• ? -2--
not vote except in the case of a tie. Neither the President nor the
Department Chairman may be a member of this committee. Each Department
shall determine its committee's size, method of selecting members, and
procedures.
5.
Penalties imposed by a course instructor under paragraph A.2(a).require
no further action. However, the student may appeal the imposition of
the penalty to the Departmental Committee in writing within 14 days
after the student is notified of the course instructor's decision (see
paragraph 8.8.
6.
A student may appeal penalty imposed pursuant to paragraph A.2(b) to
the Departmental Committee. Notice of the appeal must be given in
writing within 28 days after the student is notified of the Department
Chairman's decision (see paragraph B.8).
7.
If the course instructor and Department Chairman believe the serious-
ness of the conduct warrants action under paragraph A.2(c), they will
forward the case to the President to be dealt with in his or her
discretion.
8.
When the Registrar believes that any document has been falsified or a
misrepresentation made that in either case may create an incorrect
perception of a student's academic position or credentials, the
Registrar may either issue a reprimand to the student or recommend that
the President review the case for possible application of penalties
• involving the individual's status as a member of the University
community.
9.
The President shall delay implementing. a penalty under paragraphs /7
and 8 until 14 days after the student has been notified of the President's
decision (see paragraph B.8), and, where notice of an appeal has been
• properly given, until the Senate Committee on Academic Discipline has
made its decision.
?
?
.
?
• ?
.
10.
The Senate Committee on Academic Discipline shall hear appeals by
students made In accordance with paragraph B.3 from decisions of:
(a)
A departmental committee on Academic Discipline Appeals in
cases upholding penalties imposed under paragraphs A.2(a) and
A.2(b); ?
. ?
.
(b)
The Registrar to issue a reprimand under Section A.8: and
(c)
The President imposing a penalty in cases forwarded under para-
graphs A.7 and A.8.
Decisions of the Senate Committee on Academic Discipline shall be
final except as provided for in Section B.11.

 
-3-
B ?
General Procedures
1.
described in this document have been developed with regard
The procedures
• to appropriate
principles of natural justice in order to ensure that a
student subject to disciplinary proceedings is treated fairly, while re-
cognizing that
such proceedings will not normally be conducted in the same
• manner as those of a court of law.
tal committee, making a recommendation or a decision
2.
or
A
imposing
person,
a penalty shall adopt
or
appropriate
a departmen
procedures and shall, if the
student so requests, give the student an opportunitY to make representations
concerning the matter. Stich person shall also hold all documentary evidence
submitted to him or her in connection with the matter until the time for
appeal under these procedures has elapsed, and shall deliver such evidence
to the Registrar if it is requested.
3.
Each notice of appeal under these procedures shall be given in writing , in
the case of an appeal to a departmental committee to the Department Chairman,
and in the case of an appeal to he Senate Committee on Academic Discipline
to the Registrar, in each case within the relevant time limit after the
student has been notified of the decision being appealed from (see para-
graph B.8.). The notice of appeal shall state, the student's reasons for the
appeal.
4.
:A student who appeals to the Senate Committee on Academic Discipline pur-
suant to these procedures shall be entitled to
a copy of the full record
S ?
of
available
the case
documentary
under appeal.
evidence
The "full
submitted
record"
to,
of
and
the
the
case
decision
consists
of,
i
of
each
all
prior decision maker. The Senate Committee may withhold that portion of
any evidence which does not relate to the appeal of the student, or that
identifies a person whose privacy might be unfairly invaded by disclosure
provided that the Committee is of the opinion that non_disclosure would not
prejudice the right of the student to have a fair hearing.
5.
The Senate Committee on Academic Discipline shall hold a hearing in respect
of each appeal made to it pursuant
'
tO these
?
?
procedures to
such
hear
evidence
as the student wishes
as it considers
appropriate and such
representations
?
shes
to
make.
The student shall have
?
the right to attend and have a represen
tative
of his choice attend each hearing in respect of his or her appeal, but not
during the Committee's deliberations.
The Chairman of the Department Committee on Academic Discipline maybe
present and permitted to testify at any appeal hearing of the Senate
'Committee on'AcademiC Discipline. similarly the course instructor may be
present and permitted to testify.
6.
A person or
committee determining any matter pursuant to these procedures
may
receive
and act upon 'such evidence and information as he, she, or it,
considers to be reliable, whether such evidence or information would be
admissible in a court of law. Reasonable effort shall be made to adjudge
the accuracy of such evidence or information.
7.
Each
decision
to impose
a penalty on a student (except under
paragraph A.2(a))
and each decision on appeal therefrom shall
be-communicated
to the student with
reasons in writing.' Notice of the decisions shall include a statement of the
right of appeal under these procedures, if any, as well as
'information
studentos
concerning the services of the Student'. Society
OiubudspersOn'6
office. ?
'

 
-4-
8.
A decision sent by. registered or certified mail to the student at his or
her current address as
shown
on the records of the registrar shall be
deemed to have been received by the student on the fourth day of mail
service after the date of mailing if it was not earlier delivered to
that
address.
9.
If an appeal is successful, every reasonable effort shall be made to
return the student to the position he or
she would have been in if the
- ?
decision appealed from had not been taken.
More specifically, in the case of penalties imposed under paragraph A.2(a)
or A.2(b), the student shall be given the opportunity either to complete
the course, including objective grading of the work originally submitted
or towithdraw from the course without academic penalty. Extra time may
be permitted to complete the course. If on appeal all penalties are
removed and course completion is not feasible, then the course tuition
fees and costs of course materials will be refunded.
The Sef
in
?
Comm
- ittea.àn.Acade
m
ic
Discipline.•inay. recommend to. the President
that other forms of dispensation be granted.
106 ?
Any penalty other than that imposed under Section A.2(a) shall be ac-
companied by a written reprimand, a copy of which shall be placed in the
student's permanent file in the Registrar's office. In cases involving
penalties of suspension or expulsion, a notation shall be made on the
student's transcript for the duration of the penalty but shall be removed
from the transcript when the period of suspension has ended. Data which
relates to penalties imposed and which is retained in the student's per-
manent file, after penalty has been served, shall be kept in a sealed
"confidential" envelope to be opened only by the Registrar or his designate
when further circumstances necessitate access.
11. Upon the written request of the student or the President, the Senate
Committee on Academic Discipline may initiate
proceedings to consider
amelioration or reduction of a penalty previously imposed.
C. ?
DEFINITIONS
In this paper the following definitions apply:
"Course Instructor" means the person responsible for the course.
"Department Chairman" in the context of conduct of any, course means the
Chairman of the Departme
1
nt (or the equivalent administrative officer)
which is primarily responsible for providing the course.
"Senate Committee" means the Senate Committee on Academic Discipline.
"Student Society: means the Simon Fraser Student Society.
1^1

 
To January 23, 1981
:TERMS OF REFERENCE
SENATE COMMITTEE ON ACADEMIC DISCIPLINE -
SADC 89
A. Membership and Vot4p
?
-
(a)
Chairman - elected by and from Senate for a 1-year term
(b)
3 faculty members elected by Senate for over-lapping 2-year terms
(c)
1 faculty member (alternate) elected by Senate for a 1-year term
(d)
3 students selected by the Student Society for 1-year terms
(e)
1 student (alternate) selected by the Student Society for a
1-year term
(f)
The Registrar or his or her designate shall serve as non-voting
secretary to the Committee
2.
"Student" means a person who
is presently enrolled
at the university
in a credit course or who is designated by resolution of the Senate
as a student; for these purposes for undergraduate students it includes
1)
Those
registered in
-a credit course or courses In the semester
in which nominations are due, or ii) Those in good standing who were
registered. in
a credit course or courses in the immediately previous
semester who certify that they intend to register again at Simon
Fraser University before missing two consecutive registrations.
For these purposes for graduate students it includes any student
duly registered
as a graduate student other than one who currently
is
designated
with "on leave" status.
3.
Each member shall have one vote, but alternates may vote only as set
out in paragraph
A.4 and the Chairman or Acting Chairman shall vote
only in the case of ties.
4.
The faculty member alternate shall be eligible to vote when one of
the other faculty members is absent or involved in the case being
heard by the Committee and the student 'alternate Qhall be eligible to
vote when one of the other student members is. absent or involved in
the case being
heard by the Conittee.
5.
Faculty Deans and Department Chairmen are not eligible for election
to this Committee. ?
.

 
-2-
6. The President shall not be a member of tSis Committee.
B. Responsibilities
1..
The Committee is the "standing committee of final appeal for students
in matters of academic discipline" referred to in various sections of
the University Act.
2.
The Committee is established to hear appeals from penalties imposed
on students under "Procedures for Dealing with Incidents of Intellec-
tual Dishonesty" and to hear such other appeals and deal with such
other matters as Senate or the chairman of Senate so directs.
3.
Senate delegates to the Committee its power and authority to deal
with all appeals in matters of academic discipline of students.
C. Procedures
1.
The procedures described in this document and related documents have
been developed with regard to appropriate principles of natural justice
in order to ensure' that 'a student subject to disciplinary proceedings
is treated fairly, while recognizing that such proceedings will not
normally be conducted in the same manner as those of a court of law.
2.
The Committee may adopt such procedures as it considers appropriate
and shall, if the student so requests, give the student
opportunity
tr
make representations concerning
the matter.
3.
The Committee shall observe the following standards and procedures
while carrying out its responsibilities:
(a)
If the Chairman is absent from any Committee meeting, a quorum
of the Committee shall elect an Acting Chairman from among
voting members present to act as Chairman of the meeting while
the Chairman remains absent.
(b)
A quorum of the Committee is .5 members entitled to vote at the
meeting.
(c)
If a member is involved in a case before the Committee, he or
she shall not act as a member of the Committee with respect to
that case.,
(d)
When an appeal has been initiated and new evidence is to be
made available the Chairman of the Committee, on consideration of
the new evidence, may instruct that the case be further considered
with the new evidence by the prevIous review body, or may permit
the appeal to proceed to the Committee with the new evidence to
be considered at that level.
.
.

 
4 The Committee shall consider each relevant part of the full record
concerning the alleged offence or conduct, as well as all additional
relevant evidence and representations made to the Committee in
connection with the case.
• ?
A student who appeals to the Senate Committee on Academic Discipline
pursuant to these procedures shall be entitled
"full record"
to a copy
of the
of
case
the full
con-
record of the case under appeal. The
sists of all available documentary evidence submitted to, and the
decision of, each prior decision maker. The Senate Committee may with-
hold that portion of any evidence which does not, relate to the appeal
of the student, or that identifies a person whose privacy might be
at the
unfairly invaded by disclosure provided
t
hCommittee is of the
dice the right of the student
opinion that non-disclosure would not preju
to have a fair hearing.
5 The Senate Committee on Academic Discipline shall hold a hearing in
respect of each appeal made to
.
it, pursuant to these procedures to
hear such evidence as it considers appropriate and such representations
as the student wishes to make. The student shall have the right to
attend and have a representatye of his choice attend each hearing
Committee's
in respect of his or her appeal,' but not during the
deliberations.
The Chairman of the Department Committee on Academic Discipline may be
present and permitted to testify. at any appeal hearing of the Senate
Committee on Academic Discipline. Similarly the course instructor may
be present and permitted to testify.
6.
The Committee determining any matter pursuant to these procedures may
receive and act upon such evidence and information as it considers to
. ?
be reliable, whether such evidence or information would be admissible
in
a court of law. Reasonable effort shall be made to adjudge the
accuracy of such evidence"oriflf0tb0n.
7.
Appeals shall be heard and decisions made with due dispatch. Each de-
cision on appeal shall be communicated to the student with reasons in
writing. Each decision of the Committee
IS
final and there is no right
of appeal from its decision except as provided for in Section C.lO
A decision sent by registered or certified mail to the student at
his or her current address as shown on
,
the records of the registrar
shall be deemed to have been received by the student on the fourth
day of mail service after the date of mailing if it was not earlier
delivered to that address.
8 Meetings of the Senate Committee on Academic Discipline are closed.
9.
The Committee has discretionary power in exceptional cases to waive
technical requirements which in the Committee's opinion would other
- wise cause undue hardship.
10.
Upon the written request of the student or the President, the Senate
Committee on Academic Discipline on written reasons satisfactory to the
Committee, may initiate proceedings to consider amelioration or reduction
of a penalty previously imposed. Upon instruction by the President the
.
?
. ?
CommIttee shall initiate such proceedings but with the final disposition
to rest with the Committee other than in those cases where imposition of
the penalty rested initially with the President in which case, in consulta-
tion with the Committee, he/she may act directly to ameliorate perceived
injustice.

 
•1
-4-
.
1
D. Reporting
The Committee shall report its decisions in summary, anonymous form
to Senate at least annually and more frequently if appropriate. It
will also provide Senate with an annual report reviewing the operation
of the procedures referred to in paragraph B.2. The Committee has the
responsibility of making recommendations to Senate concerning necessary
modifications of University policies and procedures in the areas of
intellectual honesty and academic discipline.
Summaries of information on offences and on penalties assigned will be
available in the Office of the Registrar.
.
0

 
SUMMARY - MEETINGS HELD, PROCESSES USED TO OBTAIN INPUT TO COMMITTEE,
SOME ACTIVITIES
For approximately one year the Senate Committee on Agenda and
Rules gave consideration to the broad areas of academic discipline and
student conduct and then recommended appointment of the present Committee
to focus and facilitate discussion. The materials available to SCAR were
available to SADC.
In addition, further data was collected either through AUCC
or directly from the university concerned on the principles, procedures,
or regulations used by other institutions. The data ranged from brief
calendar entries only through to long detailed regulations and procedures
and covered twelve Canadian universities. Other general or specialized
information was obtained such as Carnegie Council - Summary Report on
Academic Discipline.
SADC held its first meeting on July 6, 1979. The Chairman
wrote to all deans and departmental chairmen to request data on any current
procedures or previous experience which could be of value to the Committee.
Nineteen meetings of the Committee were held prior to an open
forum held March 26, 1980.
The Chairman of the Committee on March 4, 1980 wrote to senior
officials, deans and chairmen of departments indicating intent for open
. ?
forum to be held March 19, requesting response to the papers as proposed
to be received by March 25. At the request of students the date for open
forum became March 26 and for response March 27.
Arrangements were made for two student members of the Committee
to meet with various student unions if desired, assisted by the Committee
Chairman.
On March 11, 1980 proposals of the Committee were published in
The Peak, with call for open forum for March 19, changed to March 26,
requesting submissions not later than March 27. Written response to the
Chairman's memorandum or to The Peak advertising were received from five
department chairmen, one individual, two student unions and from the
Student Society in the form of a brief. Additional comments were made at
the forum.
The Committee continued meeting as from March 31, 1980 and con-
sidered each of the submissions received, making a number of revisions
to earlier papers. Its declared intent was to proceed with revisions, to
again write deans and departmental chairmen and to again hold open forum
before submission of recommendations to Senate. In November decision
was made for open forum to be held December 4 and advertisement was placed
in The Peak on November 14 advising of that date, and that full papers
would be published in The Peak on November 25. These were published. At
the request of the Student Society on November 21, the date of forum was
.
?
changed to January 19, 1981. The Student Society request had been for
longer deferment, but was not accepted.

 
?
-2-
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0
On November 26 the Chairman wrote deans and departmental chair-
men requesting response. Notice appeared in The Peak on January 14, 1981
reminding of the open forum to be held.
Thirteen meetings of the Committee were held between the two
open forums.
Following the forum the Committee met on January 23, made a
number of revisions on the basis of written submissions (three), and
verbal presentation and one written submission at forum. Decision was
made to submit interim report and recommendations to Senate.
(At various stages legal advice was obtained by the Committee.)
S
[]

 
SiMON FRASER UNIVERSITY
MEMORANDUM
To. ?
SENATE
Subject
............
5EN
.
"
.
I
EMEEJ ?
AR
?
98
FURTHER MATERIALS
From. ?
H.M. Evans
Secretary, Senate
Date. ?
February 4, 1981
The enclosed papers are provided for the February 9th meeting of
Senate. They relate to Paper S81-34, Report SADC.
is
40

 
S ?
3JLl
.
?
Office of th
Student Senators
T.C. 217
02 FEB 81
Dear Fellow Senators,
The attached amendments relate to document
S81-34,
the SADC report.
They are put forward by the Student Senators' Caucus for your con-
sideration. Although the list of proposed amendments is lengthy, we feel
that they are worthy of your close attention.
We feel that the SADC report does not adequately protect students rioi'
does it make proper provision for 'due process'.
Due to the complexity of the amendment package, we are taking the un-
usual step of circulating it prior to the Senate meeting.
We feel that there are two means of dealing with the SADC report and
its related amendments. We can deal with the report and its amendments
on the floor of Senate, at the February meeting, or we can rfer the report
and the proposed amendments back to SADC which will then return a revised
report, at its earliest convenience.
.
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?
We thank you for the time that you will spend familiarizing yourself
with both the SAUC report and the amendment package.
Respectfully,
%1)t
&2
Stephen K. Anderson
Chair.
S. F. U. Student Senators
1
Caucus
:-
? -
S.81-34E
relates to
s.81-34B -
Procedures for Dealing with Incidents
of Intellectual Dishonesty.
Items 1 through 10 propose amendments to
SADC 87,
Section A
Items 12 through 20 propose amendments to
SADC 87,
Section B
S.81-34F
relates to Paper
S.81-34C -
Terms of Reference - Senate Committee
on Academic Discipline.
Item 21 proposes amendment to
SADC 89,
Section A
Items 22 through
30
propose amendment to
SADC 89,
Section C
Item
31
permits renumbering of
SADC'87
and
SADC 89
where
i s ?
appropriate.

 
S
c
2
1
?
E
PROPOSED AMENDMENTS TO Academic Discipline & Conduct Proposals
A..
To amend SADC 87, Paragraphy A-i, by substituting for
the words "does not in any way" the word "may", in the
last sentence.
/2. To amend SADC 87, Paragraph A-i, by substituting for
the word "expected" the word "required" in the first
sentence.
A.
To amend SADC 87 by adding a new paragraph before the
existing paragraph A-2, to read as follows:
When a Course Instructor suspects that a student
is, or has been, involved in academic misconduct, the Course
Instructor shall inform the student of that suspicion, and -
allow the student to present his/her defense in such a manner,
and with such assistance, as the student sees fit. This shall
occur before either the imposition of a penalty (under Section
A-2 (a)) or referral to the Department Chair (under A-2 (b)),
or to the President (under A-2 (c)).
/4
.
To amend SADC 87, paragraph A-3, to read as follows:
S
The Department Chair shall investigate the facts,
with the affected student and his/her representative present,
relating to the incident of alleged intellectual dishonesty,
before approving a penalty under paragraph A-2 (b) or
initiating action under paragraphy A-2. (c).
A. ?
To amend SADC 87, paragraph A-4, by
P
e
addition of the words "subject
?
to approval by Senate" at the end of the aist sentence of the paragraph.
/6. ?
To amend SADC 87, paragraph A-5, by adding, after the word "appeal" in
the second sentence, the words "the allegation of guilt and/or".
.'7. To amend SADC 87, paragraph A-6, by the addition of the sentence '
T A
dep-
artmental Committee shall have the power to relieve against a failure to meet
such time limit, by a vote of 3/4ths (or more) of the Committee."
A. ?
To amend SADC 87, paragraph A-7, to read:
If the course instructor and the Departmental Chairman, after througn
investigation, believe that the seriousness of the alleged conduct
warrents action under paragraph A-2 (c), they will forward the case to
the President who shall, after full investigation and allowing the student
involved to present such case in such manner as the student deems fit
- and having proper regard for the principles of natural justice, deal
with the case at his/her discretion."
.

 
S ?
".
To amend SADC 87, paragraph A-8, to read as follows:
"When the Registrar believes that any document has been falsified or
a misrepresentation has been made, that in any case may create an in-
correct perception of a student's academic position or credentials,
the Registrar may, after full investigation and allowing the studnet
to present such case in such manner as the student deems fit and having
proper regard for the principles of natural justice, either issue a
reprimand or recommend that the President review the case for a possible
application of penalties involving the individual's status as a member
of the university community.
To amend SADC 87, paragraph A-9 so that it shall read as follows:
"The President shall delay implementing a penalty under paragraph
7 or 8 until 14 days'after the student has been notified of the President's
decision (see paragraph B-8), or until the Senate Committee on Academic
Discipline has made its decision, whichever shall be the longer period.
11IERE IS NO NUMBER 11
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./l2. TO
amend SADC 87, paragraph B-i, by DELETING ;the existing paragraph and
substituting the following:
"The rules and proceedures governing the treatment of alleged incidents
of misconduct shall conform, in all cases, to the requirements of natural justice.
justice. A person accused of an act of intellectual dishonesty shall
enjoy:the right to a speedy hearing by an impartial body; the right to
he informed of the nature, cause, and originator of the accusation; the
right to confront the witnesses against him/her self; the right to have
the assistance of a representative of his/her choice in the presen-
tation of her/his defense."
To amend SADC 87, paragraph B-2, to read:
"A person, or a committee making a recommendation or decision or imposing
a penalty, shall adopt appropriate proceedures and shall give the student
every opportunity to make such representation, in such manner, as the
student sees fit. Such person, or committee, shall also hold all doc-
umentary evidence submitted to him/her/it, in connection with the matter
under consideration, until all appeals under these proceedures have
been exhausted.. Notwithstanding the foregoing, the minimum period for
the retention of this evidence shall be one year. This material shall
be forwarded to the Registrar, for safe keeping, at the termination of
the appeal process.
'114.
To amend SADC 87, paragraph B-3, by the addition of the following sentence
to the end of the paragraph:
"The possible grounds for appeal shall include, but shall not be limited
• ?
to, any or all of the following:
(a)
Innocence,
(b)
violation of due process
(c)
mitigating circumstances
(d)
new evidence
(e)
other reasons, as specified by the student.
Ji&. To amend SADC 87, paragraph B-4, so that it shall read:
"A student who appeals to the Senate Committee on Academic Discipline,
pursuant to these proceedures, shari be entitled to and shall he given
a copy of the full record of the case under appeal. The "full record"
of the case shall consist of all available documentary evidence and
oral presentations given to, the transcripts of the 71eetings of, and
the decision(s) of each prior decision maker.
4 '
6. To amend SADC 87, paragraph B-5, so that it shall read:
"The Senate Committee on Academic Discipline shall hold a hearing (or
hearings) in respect of each appeal made to it, pursuant to these pro-
ceedures, to hear such evidence and representations as the student
wishes to present and to review the transcripts, records, and decisions
from previous hearings, concerning each individual case. The student
shall have the right and the opportunity to attend and to participate,
and to have arepresentative of his/her choice attend and participate,
in each hearing in respect of her/his appeal.
?
The Chairperson of the Departmental Committee on Academic Discipline
may be present and may be premitted to testify at any relevant hearing
of the Senate Committee on Academic Discipline.

 
El
The course instructor may be present and may be permitted to testify
at any relevant hearing of the Senate Committee on Academic Discipline.
Neither the appellant, not his/her representative, nor the chairperson
of the Departmental Committee on Academic Discipline, nor the course
instructor, nor any other person having an interest in the case (as
determined by the committee) shall be present when the Senate Committee
on Academic Discipline deliberates."
17 To amend SADC 87, paragraph B-6, by the ADDITION of the word "Every"
befor the first word of the second sentence.
4 '
8. To amend SADC 87, paragraph B-7, by CHANGING the first sentence so that
it shall read;
"Each finding of guilt and each decision to impose a penalty on a student
and each decision on appeal therefrom shall be communicated, with the
reasons for such finding or penalty, in writing to the student affected."
/
19. To amend SADC 87, paragraph B-9, so that it shall read;
.
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?
"If an appeal is successful, every reasonable effort shall be made to
return the student to the position he/she would have been in if the
decision appealed from had not been made.
More specifically, in the case of penalties imposed under paragraphs
A-3 (a) or A-3 (b), the student shall be given the option of either
completing the course (including objective grading of the work origin-
ally submitted) in which case the student shall be given an automatic
thirty (30) day extension on the normal final date for the submission
of work under special deferrals, or withdrawing from the course without
academic or financial penalty.
If on appeal all penalties are removed and course completion is not
feasible within the automatic exetensio;i period, then
(a)
the course tuition fees iihall be repaid, and
(b)
the costs of course materials and books shall be repaid, and
(c)
a mark of "AE" shall be given for the course.
The Senate Committee on Academic Discipline may recommend to the
President that other additional forms of dispensation be granted, such
additional dispensation shall not be unreasonably denied.
Ifan
appeal is successful, all reference to the alleged misconduct
contained in the student's file shall be removed within ten (10) days
of the appeal decision, and the Registrar shall confirm, in writing, to
• ?
the student that this has been done.
"20. To amend SADC 87, paragraph B-10, by the addition of the following
words to the end of the paragraph:
"The student shall have the right to access to his/her permanent file
and she/he shall be advised when any addition or deletion is made to
his/her file."

 
34F
To amend SADC 89, paragraph A-i (a) so that it shall read:
(a) Chairperson - elected by a simple majority vote of the Committee
for a one (1) year term.
/
22. To amend SADC 89, paragraph C-i, so that it shall read:
"The rules and proceedures governing the Senate Committee on Academic
Discipline shall conform, in all cases, to the requirements of natural
justice. A person accused of an act of misconduct shall enjoy:the right
to a speedy hearing by an impartial body; the right to be informed of
the nature, cause, and originator of the accusation; the right to
confront the witnesses against him/her self; the right to have the
assistance of a representative of her/his choice in the presentation
of his/her defense."
-"23. To amend SADC 89, paragraph C-2, so that it shall read:
"The Committee may adopt such proceedures as it considers appropriate
and shall give the student the opportunity to make such representation
in such manner and'with such assistance as the student deems fit."
To amend SADC 89, paragraph C-3, by CHANGING the word "Chairman" to
"Chairperson"
./25. To amend SADC 89, paragraph C-3, section (b) so that it shall read;
• ?
"A quorum of the Committee shall be five (5) members entitled to
vote at the meeting, except that it-shall not include the chairperson
or the acting chairperson."
-'26. To amend SADC 89, paragraph C-3, section (d), so that it shall read:
"When an appeal has been initiated, and new evidence is to be made
available, the Chairperson of the Committee, on consideration of the
new evidence shall either, instruct that the case be further considered
with the new evidence by the previous review body or that the appeal
proceed to the Committee with the new evidence to be considered at
that level.
"27. To amend SADC 89, paragraph C-4, by DELETING the last sentence of the
second paragraph.
?
-
28. To amend SADC 89, paragraph C-5, so that it shall read:
"The Senate Committee on Academic Discipline shall hold a hearing (or
hearings) in respect of each appeal made to it, pursuant to these pro-
ceedures, to hear such evidenc and representations as the student wishes
to make and to review the transcripts, records, and decisions from
each previous hearing concerning each individual case. The student
shall have the right and the opportunity, to attend and to participate,
and to have a representative of his/her choice attend and participate,
in each hearing in respect of her/his appeal.
The Chairperson of the Departmental Committee on Academic Discipline
. ?
may be present and may be allowed to testify at any relevant hearing
of the Senate Committee on Academic Discipline.

 
0.
The Course Instructor may be present and may be permitted to testify
at any relevant hearing of the Senate Committee on Academic Discipline.
Neither the appellant, nor his/her representative, nor the Chairperson
of the Departmental Committee on Academic Discipline, nor the course
instructor, nor any other person having an interest in the case (as
determin'd by the committee) shall be present when the Senate Committee
on Academic Discipline deliberates."
"29. To amend SADC 89, paragraph C-6, by the ADDITION of the word "Every"
before the first word of the second sentence.
-30 To amend SADC 89, paragraph C-lO, so that it shall read:
'Upon the written request of the student, the Senate Committee on
Academic Discipline may initiate proceedings to consider amelioration
or reduction of a penalty previously imposed.
Upon the written request ot the President, The Senate Committee on
Academic Discipline may initiate proceedings to consider amelioration
or reduction of a penalty previously imposed.
The final decision of the Senate Committee on Academic Discipline
shall be binding in all cases where it has been requested, by the
President, to consider amelioration or reduction of a penalty pre-
viously imposed.
The final decision of the Senate Committee on Academic Discipline,
acting in consultation with the President, shall be binding in all
cases where it has been requested, by a student, to consider amelioration
or reduction of a penalty previously imposed.
In cases where a student has requested amelioratior or reduction of
a penalty previously imposed and.the Senate Committee an Academic
Discipline agrees to hear the case, the final decision shall be made
by secret ballot, and a majority vote shall prevail.
31 ?
To amend SADC 87 and SADC 89 by renumbering where appropriate.

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