SUBSECTION FROM STUDENTS RIGHTS AND RESPONSIBILITIES

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: 3/7/88; 3/20/89)

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: 3/20/89; US 4/10/00) Maintaining the integrity, accuracy, and appropriate privacy of student academic records is an essential administrative function of the University and a basic protection of all students. Accordingly, the actual or attempted falsification, theft, misrepresentation or other alteration or misuse of any official academic record of the University, specifically including knowingly having unauthorized access to such records or the unauthorized disclosure of information contained in such records, is a serious academic offense. As used in this context, "academic record" includes all paper and electronic versions of the partial or complete permanent academic record, all official and unofficial academic transcripts, application documents and admission credentials, and all academic record transaction documents. The minimum sanction for falsification, including the omission of information, or attempted falsification or other misuse of academic records as described in this section is suspension for one semester.

6.4.0 DISPOSITION OF CASES OF ACADEMIC OFFENSES (US: 3/10/86; US: 3/7/88)

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: 3/7/88)

* The term "chair" includes directors of programs and deans of colleges without a departmental structure. (RC: 9/27/80)

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: 1/28/81)

B. Recommend to the Dean of their college, the Dean of the Graduate School, or the President of Lexington Community College, if appropriate, that the student be suspended, dismissed or expelled.

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 Graduate School, as appropriate.

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: 3/7/88)

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 Graduate School, or all three will investigate and pursue the case in accordance with appropriate procedure(s) and authority(ies) as set forth in Part I or Part II of Student Rights and Responsibilities.

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 Graduate School, upon notification, declines responsibility for the case.

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: 3/20/89)

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: 3/7/88) The student may appeal: (1) the determination of his/her guilt; (2) the severity of the sanction if the sanction if more than the minimum sanction is recommended. The appeal must be filed in writing with the Academic Ombuds within 10 working days after the date that the student receives notification of the sanction.

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: 5/6/86)

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 Medical Center where the semester system is not in use). Penalties more severe than the minimum may be imposed where warranted by the circumstances:

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: 3/7/88)

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: 3/7/88)

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: 3/7/88)

6.5.0 UNIVERSITY APPEALS BOARD

6.5.1 FUNCTIONS OF THE UNIVERSITY APPEALS BOARD

6.5.1.1 Cases of Academic Offenses (see 6.4.7 above; US: 3/10/86)

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: 11/20/87)

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: 10/3/88)

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 Medical Center, Lexington Community College, and the Lexington Campus, and shall be chosen by the President of the University from the recommendations of the legislative branch of the Student Government Association. 6.5.2.3 The Faculty Membership The faculty members shall be broadly representative of the University community and shall be appointed to staggered, three-year terms by the President of the University upon the recommendation of the University Senate Council. All terms shall begin on September 1 and end on August 31.

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: 2/13/95)

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: 2/13/95)

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: 2/13/95)

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: 2/13/95)

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: 2/13/95)

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/