Initiation of Cases
Initiation of Cases
If a Faculty member suspects that an act of academic misconduct has occurred in a course, he or she must promptly communicate with the student regarding the alleged misconduct and the information upon which the allegation is based; the notification process must occur within 30 calendar days from the discovery of the alleged act. The Faculty member may make a request for an extension of time through the Associate Dean for Graduate Academic Affairs. If the discovery is made by a student, teaching assistant, reader, grader or tutor he or she should immediately communicate to the Faculty member in charge of the course, so that the Faculty member in charge can proceed with the investigation.
Whenever possible, communication with the student should take place through an in-person consultation and should be conducted in a manner that respects the student's privacy and maintains an environment that supports teaching and learning. When multiple students are involved, Faculty are encouraged to communicate with each student separately. The Faculty member or the student may request the presence at the consultation meeting of the Ombudsperson.
When an in-person meeting is not possible, the Faculty member may communicate with the student in writing. Written communication should be sent to the student's University e-mail address.
The student must be given the opportunity to respond to the allegation of misconduct. When communication is made in writing, students will be given 10 calendar days to respond.
After conferring with the student and/or considering the student's written response, the Faculty member may determine that there has been no misconduct, in which case the Faculty member may dismiss the allegation and take no further action.
If the Faculty member determines that it is more likely than not that the student committed an act of academic misconduct, regardless of the student's intent to engage in misconduct, the case moves to Stage 1 in the review process.
Faculty members who will not be available to participate fully in resolving allegations (e.g., Individuals holding part-time or temporary appointments, those on sabbatical or other leave, or those leaving University employment) must provide a copy of all documentation to the immediate supervising administrator: department chair, program director, center director, or dean of school, who will serve as a proxy for the Faculty member to conclude the case.
If grades are awarded while the case is in progress, the Faculty member should assign a temporary grade placeholder of Grade Delay "GD" pending the outcome of the review process.
Student Admits Responsibility
If the student admits responsibility for the alleged misconduct, the Faculty member may immediately impose an appropriate academic sanction. The faculty member must document the case and the sanction on the Graduate Academic Misconduct Referral form and send the form to the Associate Dean for Graduate Academic Affairs. Faculty members are advised to consult with the Graduate Advisor for the student's program and with the Associate Dean for Graduate Academic Affairs prior to imposing the academic sanction.
Student Does Not Admit Responsibility
If the student does not admit responsibility but the Faculty member makes a determination of misconduct, the Faculty member will refer the case to the Associate Dean for Graduate Academic Affairs using the Graduate Academic Misconduct Referral Form. The referral form must include the
student's name and student identification number, the name of the class in which the act took place, the date or time period in which the act occurred, a description of the academic misconduct, a summary of actions taken, all original documentation supporting the charge (including a copy of the course syllabus and other written communication that addresses academic integrity standards and expectations for the course) and the academic actions and disciplinary sanctions recommended by the Faculty member. Faculty members are advised to consult with the Graduate Advisor for the student's program and with the Associate Dean for Graduate Academic Affairs prior to recommending sanctions.
The Faculty member also will evaluate the disputed assignment or examination on its merits and note the grade to be assigned in the event that the student is not found responsible for violation of the
University of California Policy on Student Conduct and Discipline or where insufficient evidence exists to hold the student responsible.
Upon receipt of the Academic Misconduct Referral Form, the Associate Dean for Graduate Academic Affairs will notify the student of the University of California Policy on Student Conduct and Discipline that was allegedly violated, the factual basis for the charges, and the plan to conduct an Initial [Administrative] Review of the case. The student will be advised that the Initial [Administrative] Review is intended as a thorough exposition of all related facts and written materials associated with the alleged misconduct, and that it is not intended as an adversarial criminal or civil legal proceeding. The student will also be informed of his or her right to be assisted by an advisor of his or her choice. Such written notification will occur within 20 calendar days of the receipt of the referral by the Associate Dean and will be sent to the student's University e-mail address.
A student may not avoid the imposition of a sanction by withdrawing from a course. A student officially notified of alleged academic misconduct may not withdraw from the course until the determination of responsibility is made and any sanctions are imposed. A sanction for a violation of academic integrity that affects the course grade will be applied. If the student is found not responsible for academic misconduct, the student will be permitted to withdraw from the course in accordance with campus regulations.