Review Stage 2: Complex Cases and Appeals from Stage 1
Review Stage 2: Complex Cases and Appeals from Stage 1
Review Stage 2 is reserved for cases involving a student with a record of previous academic misconduct or cases that are sufficiently complex or egregious to require additional consultation by the Graduate Academic Integrity Committee [GAIC] for a formal hearing. Review Stage 2 also serves as the stage for appeals of decisions made at Review Stage 1. Appellate decisions at Review Stage 2 are final.
The Academic Senate's Committee on Committees will appoint faculty to the Graduate Academic Integrity Committee to serve three-year terms, effective September 1-August 31, and will appoint one faculty member from the GAIC to serve as chair. The GAIC will consist of at least one member from each school/college and should include faculty who are available to participate in hearing during the summer months. (Am 23 May 17)
In addition, the Graduate Division will solicit and review applications from interested graduate students and make recommendations to the Graduate Student Association of UCR regarding students to be appointed to serve on the GAIC for one-year terms, effective September 1-August 31. The final endorsement of student members will rest with the Committee on Committees. Students are not eligible to serve if they have been suspended or are on academic or disciplinary probation, have been evicted from University Housing for reasons related to conduct, or have a case pending before the Graduate Division, GAIC, or Graduate Council.
Faculty and student members should represent the disciplinary diversity within each college/school, whenever possible. Staff support to the committee will be provided by the Graduate Division.
For each Stage 2 case, the chair of the GAIC will schedule a hearing panel of three to five GAIC members. A quorum is required for a hearing to proceed and consists of three persons, including at least one faculty member and one student.
The Associate Dean for Graduate Academic Affairs or designee will serve as a non-voting member of the hearing panel. The chair of the hearing panel shall rule on all questions of procedure and evidence, including but not limited to: the order of presentation of evidence, admissibility of evidence, applicability of regulations to a particular case, and relevance of testimony.
1. Preparation: Prior to the hearing, panel members will receive and review a copy of the notification of charges and documentary evidence provided by the Faculty member, the University, and the student.
2. Introductory comments: At the beginning of the hearing, the chair will ask any panel members to disqualify themselves from participation if they believe that they cannot render a just and fair decision, and will permit the student to request that a member be disqualified if the student believes for an appropriate reason that a panel member cannot render a just and fair decision. If a student or Faculty member of the hearing panel is disqualified, another member will be appointed to fill the same role, if needed for a quorum. The chair will read aloud the charges of academic misconduct, and the student will be asked to respond to the charges by (a) accepting responsibility, (b) accepting responsibility and noting that there are mitigating circumstances, or (c) denying responsibility for the alleged violation of the University of California Policy on Student Conduct and Discipline.
3. Presentation of accounts: The Faculty member and the student will be given the opportunity to present their accounts of the incident and to present any witnesses or other individuals who may have relevant information about the alleged academic misconduct. Hearing panel members will be given an opportunity to ask questions of the Faculty member, the student, and witnesses. Each party will then be asked if there is additional information needed, or if any discrepancies or questions need to be presented or addressed.
4. Deliberation: The hearing panel will deliberate in private to decide, by a majority vote, if a preponderance of the evidence indicates that the student is responsible or not responsible for alleged violation of University of California Policy on Student Conduct and Discipline.
5. Determination of sanctions: If the student is found to be responsible for violations of policies, the hearing panel shall be informed of the student's prior record of academic misconduct. Based on this information and the recommendation of the faculty member, the committee will determine the disciplinary sanctions to be assigned, how and for how long the record of the sanctions will be maintained on the student's permanent record, and the conditions that must be met for the record to be removed, if any.
6. Notification of decision: Once the hearing panel has reached a decision, the parties will reassemble, and the results of the deliberation will be presented. Within 20 calendar days, the Associate Dean for Graduate Academic Affairs will send written notification to the student, the Faculty member, and the dean or his/her designated associate dean for student academic affairs of the college/school detailing the decision and the sanctions imposed by the hearing panel. The notification will also outline the appeal process.
7. Records: An audio recording of the hearing, but not the deliberations of the hearing panel, shall be made and retained by the Graduate Division as part of the record for as long as the disciplinary record is retained, or for seven years from the date of decision, whichever is shorter (see Section 6 below). The student may obtain a copy of the recording upon paying the expense of making such copy. Either party may arrange for a stenographer to make a full transcript of the proceedings at his/her own expense. If one party has the proceedings transcribed, arrangements shall be made before the hearing as to how to apportion the cost if both parties want copies. Other than for the purpose of the official record as provided above, mechanical or electronic devices for recording or broadcasting shall be excluded from the hearing.