http://www.uky.edu/StudentAffairs/Code/part3.html
6.3.0
ACADEMIC OFFENSES AND PROCEDURES Students shall not plagiarize, cheat, or
falsify or misuse academic records. (US:
6.3.1
PLAGIARISM All academic work, written or otherwise, submitted by students to
their instructors or other academic supervisors, is expected to be the result
of their own thought, research, or self-expression. In cases where students
feel unsure about a question of plagiarism involving their work, they are
obliged to consult their instructors on the matter before submission.
When
students submit work purporting to be their own, but which in any way borrows
ideas, organization, wording or anything else from another source without
appropriate acknowledgment of the fact, the students are guilty of plagiarism.
Plagiarism
includes reproducing someone else's work, whether it be published article,
chapter of a book, a paper from a friend or some file, or whatever. Plagiarism
also includes the practice of employing or allowing another person to alter or
revise the work which a student submits as his/her own, whoever that other
person may be. Students may discuss assignments among themselves or with an
instructor or tutor, but when the actual work is done, it must be done by the
student, and the student alone.
When
a student's assignment involves research in outside sources or information, the
student must carefully acknowledge exactly what, where and how he/she has
employed them. If the words of someone else are used, the student must put
quotation marks around the passage in question and add an appropriate
indication of its origin. Making simple changes while leaving
the organization, content and phraseology intact is plagiaristic.
However, nothing in these Rules shall apply to those ideas which are so
generally and freely circulated as to be a part of the public domain.
6.3.2
CHEATING Cheating is defined by its general usage. It includes, but is not
limited to, the wrongfully giving, taking, or presenting any information or
material by a student with the intent of aiding himself/herself or another on
any academic work which is considered in any way in the determination of the
final grade. Any question of definition shall be referred to the University
Appeals Board.
6.3.3
FALSIFICATION OR MISUSE OF ACADEMIC RECORDS (US:
6.4.0
DISPOSITION OF CASES OF ACADEMIC OFFENSES (US:
6.4.1
RESPONSIBILITY OF INSTRUCTOR AND CHAIR An instructor who suspects that a
student has committed an academic offense shall consult with the chair, or the
designee of the chair, as soon as practical after the instructor develops the
suspicion. If the instructor is also the chair, he or she shall consult with
the Dean of the College or the college's designee. Prior to consultation,
however, the instructor may take action to prove or detect an academic offense
or preserve evidence of same. In taking such action the instructor should
minimize disruption and embarrassment to the student(s).
The
instructor and chair shall review the evidence of an academic offense, ask the
dean of their college to inquire of the registrar concerning prior academic
offenses, and decide on an appropriate course of action. (See 6.4.9 and 6.4.10)
If the evidence warrants an accusation of an academic offense, the student
shall be invited to meet with the instructor and chair. The student shall be
informed of the charge and given an opportunity to state his or her case. The
student shall be informed of the possible penalties that may be imposed or
recommended. If the student is not reasonably available or fails to attend the
meeting, the instructor, with the approval of the chair, shall inform the
student in person (preferably in the presence of a witness or a signed receipt
from the student) or by certified mail (to the local address as contained in the
Registrar's Office) of the evidence, charges, and possible penalties. (US:
*
The term "chair" includes directors of programs and deans of colleges
without a departmental structure. (RC:
The
instructor and chair shall decide on an appropriate penalty. If there is
disagreement the chair shall prevail. The instructor and chair may impose one
or more of the following penalties in the event they determine an academic
offense has occurred.
A.
Assign a grade of E for the course in which the offense occurred (the minimum
penalty).
*
The instructor may not award a grade of E to a student who is enrolled in a
course on a pass-fail basis. (RC:
B.
Recommend to the Dean of their college, the Dean of the
The
determination or recommendation of the instructor and chair shall be made
within 7 working days after the accusation is made, unless the student consents
in writing to an extension of this time. The determination or recommendation
shall be made in writing to their Dean of the College, the Dean of the Graduate
School, or President of Lexington Community College, if appropriate, with
copies to the student and the dean of the student's college, if he or she is
enrolled in another college. The student shall be notified in person
(preferably in the presence of a witness or a signed receipt from the student)
or by certified mail (to the local address as contained in the Registrar's
Office). If the offense also involves a violation of Part I, Code of Student
Conduct, the report shall also be sent to the Dean of Students.
6.4.2
RESPONSIBILITY: DEAN OF COLLEGE OR DEAN OF THE GRADUATE SCHOOL Responsibility
of the Dean of the College where the Offense Occurred or of the Dean of the
6.4.2.1
Cases Initiated by a Department After reviewing the file or report from the
chair, the Dean of the College or President of Lexington Community College or
the Dean's designee shall make his or her own decision about the appropriate
sanction and take one or both of the actions specified in 6.4.2.3. (US:
Academic
offenses involving graduate students in 600 and 700 level courses or relating
to master's examinations, doctoral qualifying examinations, master's theses and
doctoral dissertations, or other work related to fulfilling requirements for a
graduate degree shall be considered to occur in the Graduate School and shall
be reported to the Dean of the Graduate School or the Dean's designee.
When
a violation of Part I, Code of Student Conduct, Section 1.21 c,d,e,f,g,h,i,m,o,q, or r and a violation of Part II,
Selected Rules of the University Senate Governing Academic Relationships,
Section on Academic Offenses and Procedures, has allegedly been committed in
the same set of circumstances or facts, the Dean of Students shall first
consult with the dean of the college where the offense occurred. They shall
determine whether the Dean of Students, the dean of the college where the
offense occurred, or the Dean of the
6.4.2.2
Cases Initiated by the Dean of the College or President of Lexington
CommunityCollege When it is the Dean of the College or the President of the
Lexington Community College who initially finds that a student has committed an
academic offense, the Dean of the College or President of Lexington Community
College should first consult with the instructor and chair, if available, and
then arrange a personal conference with the student and do the following:
present the evidence with respect to the offense; give the student an
opportunity to state his/her case; and make known to the student the charges,
if any, and the possible sanctions which may be recommended. If the student is
not reasonably available for or fails to attend such a conference, the chair
shall proceed to inform the student of the nature of the evidence, charges and
possible sanctions in person (preferably in the presence of a witness or a
signed receipt from the student) or by certified mail (to the local address as
contained in the Registrar's Office). Within 7 days of formally charging the
student as set out above, the Dean of the College or President of Lexington
Community College or the Dean's designee shall take one or both of the actions
listed in Section 6.4.2.3.
6.4.2.3
Actions to be Taken by the Dean of the College or President of Lexington
Community College After following the procedure outlined in Section 6.4.2.1 or
6.4.2.2, the Dean of the College or President of Lexington Community College or
the Dean's designee shall take one or both of the following actions: (US:
3/7/88)
A.
impose the minimum penalty of E for the course in
which the offense occurred;
B.
forward the file to the appropriate chancellor
recommending a sanction of suspension, dismissal or expulsion.
Notice
of such action shall immediately be sent by the Dean of the College or
President of Lexington Community College or the dean's designee to the student
in person (preferably in the presence of a witness or a signed receipt from the
student) or by certified mail (to the local address as contained in the
Registrar's Office) with copies to the instructor, and the department where the
offense occurred, dean of the student's college, Registrar and Academic Ombud.
If the student is enrolled in a college in a different sector, notice of action
shall also be sent to the appropriate chancellor.
6.4.2.4
Offenses Occurring in Independent Study Courses If the offense occurs in a course offered through the Independent Study
Program, the responsible Dean of the College or President of Lexington
Community College for purposes of Rules 6.4.2.1 through 6.4.2.3 shall be
determined according to this rule.
A.
In the case of students not enrolled in the University, the responsible Dean
shall be the Dean of University Extension. The Dean of University Extension
shall, however, notify the dean of the College where the offense occurred of
the proceeding and the nature of the offense.
B.
In the case of students enrolled in the University, the responsible Dean shall
be the Dean of University Extension if the Dean of the College where the
offense occurred or the Dean of the
C.
Students in Independent Study courses, not regularly enrolled in the University,
shall be entitled to the same rights involving academic offenses as those of
students who are enrolled in the University.
6.4.3
DISPOSITION - FALSIFICATION OR MISUSE OF ACADEMIC RECORDS In all cases
involving falsification, attempted falsification, or other misuse of academic
records the Registrar is the institutional official responsible for
investigation, review, and recommendation of sanctions. All complaints of
possible falsification or misuse of academic records, whether from academic or
non-academic personnel or offices, should be reported to the Registrar either
directly or through the appropriate chair, Dean of the College or President of
Lexington Community College, or director. In the event that an allegation of
falsification, attempted falsification, or other misuse seems warranted, the
Registrar shall notify the student to that effect in writing and invite the
student to discuss the allegation within seven days of the notice. Following
notification and subsequent discussion with the student (which the student may
decline), the Registrar shall determine whether falsification, attempted
falsification or other misuse by the student has occurred. Upon determination
that such has occurred, the Registrar shall forward to the appropriate
chancellor a statement of the case and a specific recommendation for suspension
or dismissal, with written notice of the recommendation to the student and the
Academic Ombuds. (US:
6.4.4
RESPONSIBILITY OF THE CHANCELLOR After the student has been notified of action, the appropriate chancellor will wait 10 working days
to give the student an opportunity to exercise the right of appeal to the
Academic Ombuds and then will proceed promptly as follows:
A.
if the student does not appeal the Dean of the College or President of
Lexington Community College's recommendation of suspension, dismissal or
expulsion within the specified period, the appropriate chancellor shall review
the file, and may approve and implement or disapprove the recommended sanction;
B.
if the student appeals the Dean of the College or President of Lexington
Community College's recommendation of suspension, dismissal or expulsion within
the specified period, the appropriate chancellor takes no action unless the
University Appeals Board subsequently recommends that the sanction of
suspension, dismissal or expulsion be imposed and implemented. If such a
recommendation is received from the University Appeals Board, the appropriate
chancellor shall review the file, and may approve and implement or disapprove
the recommended sanction.
Notice
of action taken under a. or b. must be sent by the appropriate chancellor to
the student in person (preferably in the presence of a witness or a signed
receipt from the student) or by certified mail (to the local address as
contained in the Registrar's Office) with copies to the instructor, chair and
dean of the college where the offense occurred, dean of student's college,
Registrar, Academic Ombuds and chair of the University Appeals Board. In the
case of international students, a copy should also be sent to the Director of
International Student Affairs.
6.4.5
RIGHTS OF THE STUDENT (US:
The
student shall have the right of class participation and attendance during the
consideration of any appeal.
6.4.6
ROLE OF THE DEAN OF THE STUDENT'S COLLEGE When the student involved is not
enrolled in the college in which the offense occurred, the dean of his or her
college shall be informed by copy of all official correspondence pertaining to
the sanctions being recommended. Should the student appeal to the University
Appeals Board, the dean of the student's college may appear on his or her
behalf.
6.4.7
RESPONSIBILITY OF THE ACADEMIC OMBUDS The Academic Ombuds shall, within a
reasonable time, preferably within 20 working days of receiving the student's
written appeal, attempt to resolve the case to the satisfaction of the student
and of the instructor or Dean of the College or President of Lexington Community
College imposing or recommending the sanction. If the Academic Ombuds cannot
within 20 working days of receiving the student's written appeal satisfactorily
resolve the case, he/she shall forward a written report to the University
Appeals Board with copies to the student, and to the person who instituted the
charge. However, the period may be extended to permit more time for
investigation with written approval of the student. The report should include
copies of the student's appeal and report of the incident, and any reports
submitted by the accuser.
6.4.8
RESPONSIBILITY OF THE UNIVERSITY APPEALS BOARD The Hearing Officer of the
University Appeals Board shall schedule a hearing in any case of cheating,
plagiarism, or falsification or misuse of academic records reported by the
Ombuds, the hearing to be held within 20 working days of the receipt by the
Hearing Officer of the Ombuds' report, unless the student consents to an
extension of time for the hearing. The student may withdraw the appeal at any
time. Notices to the student will be sent by certified mail to the address on
file with the Ombuds; failure of a student to apprise the Ombuds of a change of
address shall be cause of dismissal of the appeal.
In
cases of academic offenses where the student contests guilt, the Appeals Board
shall sit as a fact finding body and determine whether or not the student
cheated, plagiarized, or falsified or misused academic records from such
evidence as is brought before the Board (including testimony under oath, written
statements, exhibits, and a view of the classroom where the cheating occurred
if this be an issue). The Board may call witnesses on its own initiative and
may continue the hearing for this purpose. Unless the Board believes, by
majority vote of those present and by a preponderance of the evidence, that the
student cheated, plagiarized or falsified or misused academic records it shall
acquit the student.
In
cases where the only issue is the severity of the sanction, the Board shall sit
as an appeals board and shall concur in the recommended sanction unless it
believes, by a majority vote of those present and by a preponderance of the
evidence, that the sanction is too severe. The Board may hear witnesses and
consider written statements and exhibits in reaching its decision concerning
the severity of the sanction. The Board may impose the minimum penalty of an E
in the course or may recommend to the appropriate chancellor the imposition of
a penalty of suspension or dismissal less severe than that recommended by the
dean of the student's college.
Within
five days of the decision of the Appeals Board the Hearing Officer of the Board
shall notify the student, the instructor, the chair, the dean of the student's
college and the appropriate chancellor of the action of the Board. In addition,
if the decision of the Board is to impose a penalty of E in the course the
Hearing Officer shall notify the Registrar of that act.
In
all cases involving academic offenses the student shall have the rights set out
in Section 2.3 of the Code of Student Conduct. (Student Rights and
Responsibilities, Part I). [See also Rule VI - 6.6.5.2.]
*The
requirement that the Hearing Officer shall schedule a hearing within 20 working
days does not mean that the Appeals Board must reach a decision within that
time. If the hearing is held near the end of the 20 day period, and if
difficult issues are raised that require more time, the Appeals Board may find
it necessary to hold additional meetings, stretching the hearings process
beyond the 20 day limit. However, the Appeals Board should seek to render a
decision as soon as is reasonably possible so that the student may plan his or
her further academic work. (RC:
6.4.9
REPORTING ACADEMIC OFFENSES All final decisions of guilt of an academic offense
shall be reported in writing to the Registrar by the dean of the college in
which the offense occurred, with the following information: (1) name of the
student; (2) student identification number; (3) student's college; (4) course
and section number; (5) approximate date of offense; (6) brief description of
offense; (7) sanction imposed; and (8) date of imposition of sanction.
6.4.10
RESPONSIBILITY OF REGISTRAR (US: 3/7/88) The Registrar shall keep a record of
all final decisions of guilt of an academic offense with the following
information: 1) name of student; 2) student identification number; 3) student's
college; 4) course name and number and section number; 5) approximate date of
offense; 6) brief description of offense; 7) sanction imposed; and 8) date of
imposition of sanction. Information regarding the academic offense other than
the fact and term of any mandatory restriction on the student's eligibility for
continued enrollment may be released only with the written consent of the student,
or in response to an inquiry from a dean of the University of Kentucky, or a
dean's designee, or the Academic Ombuds of the University of Kentucky. A record
shall be maintained by the Registrar of every instance in which information is
released under this provision.
6.4.11
PENALTIES FOR ACADEMIC OFFENSES The minimum penalty
for an academic offense is an E in the course in which the offense took place.
The repeat option may not be used to remove an E given for an academic offense.
If a prior academic offense has been recorded in the Registrar's Office, the
minimum penalty shall be suspension for one semester (or a minimum of four
months in those colleges in the
A.
Suspension: forced withdrawal from the University for a specified period of
time, including exclusion from classes, termination of student status and all
related privileges and activities. If a student while on suspension violates
any of the terms set forth in the nature of suspension he or she shall be
subject to further discipline in the form of dismissal. The penalty of
suspension shall normally apply to semesters (or other academic terms as appropriate)
following imposition of the penalty by the appropriate chancellor. With the
consent of the student and the dean of the college in which the offense
occurred, the appropriate chancellor may fix an earlier date for suspension. In
any case in which the suspension is imposed by the last day to drop a course
with no record, it shall apply to that semester. In case of any student who is
graduating, the suspension shall apply to the final semester before scheduled
graduation. Suspension for an academic offense shall be noted in the student's
permanent academic record, and shall appear on all transcripts for a period of
three years beyond the conclusion of the suspension. (US:
B.
Dismissal: termination of student status subject to the student's readmission.
The conditions for readmission will be specified at the time of dismissal. The
student may be readmitted to the University only with the specified approval of
the appropriate chancellor upon recommendation of the Appeals Board. Dismissal
for an academic offense shall be noted in the student's permanent academic
record, and shall appear on all transcripts for a period of three years from
the student's readmission to the University. (US:
C.
Expulsion: permanent termination of student status, without possibility of
readmission except upon showing that the findings of fact which formed the
basis of the action were clearly erroneous. (To be invoked only in unusual
circumstances and when the offense committed is of such serious nature as to raise
the question of the student's fitness to remain a member of the academic
community.) Expulsion for an academic offense shall be noted in the student's
permanent academic record, and shall appear on all transcripts permanently.
(US:
6.5.1
FUNCTIONS OF THE UNIVERSITY APPEALS BOARD
6.5.1.1
Cases of Academic Offenses (see 6.4.7 above; US:
6.5.1.2
Cases of Student Academic Rights (US: 12/8/86) After hearing a case involving a
violation of student academic rights as set forth herein, the Board may select
from the following remedies:
A.
The Board may direct that a student be informed about
the content, grading standards, and procedures of a course when a violation of
the pertinent rules has been proved.
B.
When an academic evaluation based upon anything other than a good-faith
judgment of a student has been proved, the Board may direct that a student's
grade in a course be changed to a W (Withdrawal) or a P (Passing, credit toward
graduation but not toward grade point standing), or, if such determination can
be made, to an appropriate letter grade. (See Section V., 5.1.3) If the Appeals
Board awards a student a P in the course, it shall appear on his or her record
regardless of the fact that the student's college or academic unit does not
normally recognize P grades. The academic unit must accept that course just as
if the student had passed the course in the normal manner, except that the P
grade is not used in calculating the student's GPA. (RC:
C.
The Board may take any other reasonable action
calculated to guarantee the rights stated herein.
6.5.2 COMPOSITION OF THE UNIVERSITY APPEALS BOARD The
University Appeals Board shall consist of a pool of eighteen faculty and nine students, and a
Hearing Officer who shall be the chair. All members of the Appeals Board shall
be expected to meet within 48 hours after notice from the chair.
6.5.2.1
The Hearing Officer The Hearing Officer shall be the
chair of the Board. He/she shall be a person with training in the law appointed
by the President of the University for a one-year term, beginning September 1
and ending on August 31. He/she shall convene and preside at all meetings of
the Board.
When
the Board is exercising original jurisdiction, all questions of law, either
substantive or procedural, and all procedural questions shall be addressed to
and ruled upon by the Hearing Officer. If the Hearing Officer is not present
for any case, the President shall appoint a temporary substitute.
*
The Hearing Officer does not participate in the Board's deliberations and has
no power to cast a tie breaking vote. (RC:
6.5.2.2
The Student Membership The student membership shall consist of four graduate or
professional students, four male undergraduate students and four female
undergraduate students. The undergraduate students must be sophomores, juniors
or seniors in good academic standing and the graduate or professional students
must have been in residence at least one year and be in good standing in their
respective colleges. They shall be appointed to one-year terms, subject to
reappointment. Their terms shall begin September 1 and end August 31. Members
shall be broadly representative of the University community, including the
6.5.2.4
Other Procedural Rules Normally nine members, exclusive of the Hearing Officer,
shall sit to decide a case. A quorum for the conduct of business will be eight
members including the Hearing Officer, not less than five of whom, exclusive of
the Hearing Officer, shall be faculty members. The Appeals Board shall
establish such procedural rules, not inconsistent with the provisions of the
Rules of the University Senate.
6.6.0
HONOR CODE Any school or college may establish, with the approval of the
Senate, an Honor Code or comparable system governed by the students with
approval by and/or appeal to the faculty of such a college. When such an Honor
Code or comparable system has been established, the procedures for disposition
of cases of academic offenses described above shall not apply to the extent
that the offenses are subject to the Honor Code and committed by a student
subject to the Code.
A
student found guilty of committing an offense subject to an Honor Code may
appeal that finding through the Academic Ombud to the Appeals Board. The
Appeals Board, however, shall not normally sit as a de novo fact finding body,
but shall limit its review to ensuring that the college's academic honors board
or committee adequately followed its own written procedures in determining
guilt or innocence and that the finding of guilt is supported by the
preponderance of evidence. (US:
However,
if the Board, by the majority of those present, believes the student's rights
under the University Senate Rules and the applicable rules of the academic unit
governing academic relationships have been substantially violated, the Board
may conduct a de novo hearing on the issue of guilt. (US:
If
the Board, by majority of those present, believes the findings or determination
of the Honors Council are not supported by the preponderance of the evidence,
the Board may reverse the finding of guilt and there shall be no further
proceedings in the case. (US:
College
academic honor councils or committees shall maintain a verbatim record of their
proceedings to ensure that the Appeals Board is able to perform this function.
(US:
The
punishment meted out to a student governed by such a system shall be as
designated thereby except that actual suspension, dismissal or expulsion shall
be imposed only with the recommendation of the dean of the college and upon
approval by the President of the University. (US:
Note:
The Colleges of Dentistry, Law, Medicine and Pharmacy all have approved Honor
Codes, reproduced in Section VI of the University Senate Rules, available on
the website: http://www.uky.edu/USC/