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Chapter 1: Undergraduate Academic Regulations

PART V. Academic Misconduct

As noted on page 1, certain sections of this publication may apply to faculty, staff, and graduate students, and while this chapter of The Student Handbook is titled Undergraduate Academic Regulations the following section on academic misconduct is approved by the Miami University Board of Trustees as applying to all Miami students, undergraduate and graduate. For a more detailed description of the regulation on academic misconduct concerning graduate students, please consult The Graduate Student Handbook.

SECTION 01.501 Introduction

01.501.A. The rights and responsibilities that accompany academic freedom are at the heart of the intellectual integrity of the University. Students are therefore expected to behave honestly in their learning. Cheating and other forms of academic misconduct undermine the value of a Miami education for everyone, and especially for the person who cheats. Violations of the Academic Misconduct Policy can result in penalties ranging from grade reductions to suspension, dismissal, or expulsion from the University.

01.501.B. Misunderstanding of the appropriate academic conduct will not be accepted as an excuse for academic misconduct. If a student is in doubt about appropriate academic conduct in a particular situation, he or she should consult with the instructor in the course, the department chair, or the academic dean in the appropriate division so as to avoid the serious charge of academic misconduct.

SECTION 01.502 Criteria

Academic misconduct is defined as any activity that tends to compromise the academic integrity of the institution or subvert the educational process. Examples of academic misconduct include, but are not limited to:

01.502.A. Conduct with respect to and during a quiz, examination, or similar evaluation

  1. Possessing, referring to, or employing open textbooks or notes or other devices not authorized by the instructor.
  2. Looking at or using information from another person's paper.
  3. Communicating with, providing assistance to, or receiving assistance from another person in a manner not authorized by the instructor.
  4. Possessing, buying, selling, obtaining, or using a copy of any unauthorized materials intended to be used in or actually used in the preparation of a quiz or examination or similar evaluation.
  5. Taking a quiz or examination or similar evaluation in the place of another person.
  6. Utilizing another person to take a quiz, examination, or similar evaluation in place of oneself.
  7. Violating procedures prescribed to protect the integrity of a quiz, examination, or similar evaluation.
  8. Changing material on a graded examination and then requesting a re-grading of the examination.

01.502.B. Written and other assignments

  1. Submitting an assignment purporting to be the student's original work, which has been wholly or partly created by another person.
  2. Presenting as one's own the work, ideas, representations, or words of another person without customary and proper acknowledgment of sources.
  3. Knowingly permitting one's work to be submitted by another person as if it were the submitter's original work.
  4. Submitting the identical or substantially the same assignment to fulfill the requirements for two or more courses without the approval of the instructors involved, or submitting the identical or substantially the same assignment from a previously completed course to fulfill requirements for another course without the approval of the instructor of the later course.
  5. Violating procedures prescribed to protect the integrity of the assignment.

01.502.C. Cooperation with another person in academic misconduct, either directly or as an intermediary agent or broker.

01.502.D. Theft, attempted theft, malicious defacement, or mutilation of library materials, or other academic resources.

SECTION 01.503 Procedures for Reporting Cases and Imposing Penalties

01.503.A. Evidence of academic misconduct detected by students shall be reported to the examination proctor or instructor.

01.503.B. The instructor shall prepare a written report of the alleged academic misconduct and provide that report to the department chair. The report should be as complete as possible, and should have all relevant evidence attached. Whenever possible, copies of documents, such as the alleged plagiarized paper, test, computer printouts, etc., should be submitted and sources of plagiarized material should also be provided, with the passages plagiarized clearly marked.

01.503.C. The department chair or designee shall notify the accused student in writing of the charge of academic misconduct and the examination proctor (if appropriate), the instructor, and the chair or designee shall meet with the accused student. Written notification will be delivered to the student by hand delivery or by first-class mail to the last known address of the student, no fewer than seven calendar days prior to the meeting. The notification will include the charge and a copy of the instructor's report, and the date, time, and location of the meeting, and will refer the student to these procedures.

01.503.D. The accused student may request to meet with the department chair prior to the scheduled meeting to review student rights and responsibilities.

01.503.E. Department chairs may conduct the meeting on the academic misconduct charge or they may identify a designee to conduct the meeting. This designee need not be from the department in which the charge originates.

01.503.F. The department chair must, at the request of the student, identify a designee to conduct the meeting.

01.503.G. The accused student may have a member of the University community present to advise him or her at the meeting with the examination proctor (if appropriate), the instructor, and the department chair or designee.

01.503.H. At this meeting, the department chair or designee shall present the accused with evidence, indicate what penalties are applicable, and receive a response from the accused student. The accused student may submit a written statement, may invite witnesses to attend on his or her behalf, and may ask questions of witnesses called by the instructor. No anonymous accusations shall be admitted in evidence against anyone.

01.503.I. After this meeting, the department chair or designee shall determine whether the student has committed an act of academic misconduct, and if so the chair or designee shall, in consultation with the faculty member, impose the applicable penalty. The greater weight of the evidence is sufficient for the department chair or designee to determine if academic misconduct has occurred and to impose a sanction.

01.503.J. A written notice of the decision will be prepared and sent by the chair promptly to the accused student, the Provost, the dean of the division in which the student is enrolled, the dean of the division in which the infraction occurred, the Dean of Students, and the University Registrar. The report shall include the name of the student, the student's identification number, brief details of the case, the penalty imposed, and reference to the appeal procedures set forth in Section 01.506.

01.503.K. Academic misconduct involving proficiency or waiver examinations shall be handled as in Section 01.503.A-J. Here the examination proctor or instructor is defined to be the person in charge of the examination.

01.503.L. Except that grade penalties will not be imposed for theft, attempted theft, malicious defacement, or mutilation of library materials or other academic resources, academic misconduct involving such materials or resources shall be handled as in Section 01.503.A-J with appropriate administrators and staff members assuming the roles of instructor and department chair. For example, when library materials are involved, the library staff will be defined as the instructor and the Dean and University Librarian will act as the department chair.

01.503.M. The Provost or designee shall maintain a file containing the reports of each case of academic misconduct. The Provost or designee shall determine when a report of academic misconduct is a second or third report for an undergraduate student. In the case of a second or third offense, the following procedures shall be used. Within three class days after receiving the department chair's report, the Provost or designee shall send a written notice that this is a second or third offense and shall include in the notice a statement of the prescribed minimum penalty and a notification of the hearing procedures available for the case. The notice shall be sent to the student, the examination proctor (if appropriate), the instructor, and the department chair reporting the infraction, the dean of the division in which the student is enrolled, the dean of the division in which the infraction occurred, the Dean of Students, and the University Registrar.

01.503.N. In the case of a student involved as an intermediary agent or broker or in the case of a student serving as a substitute for someone else, the following procedures shall be used. Within three class days after receiving the department chair's report, the Provost or designee shall send a written notice stating the infraction, the prescribed minimum penalty, and the hearing procedures available in the case. The notice shall be sent to the student, the examination proctor (if appropriate), the instructor, and the department chair reporting the infraction, the dean of the division in which the student is enrolled, the dean of the division in which the infraction occurred, the Dean of Students, and the University Registrar.

SECTION 01.504 Penalties

01.504.A. The minimum grade penalty that the instructor and the department chair must impose for academic misconduct in any project, paper, quiz, or interim or final examination is failure for the particular portion of the course. This failure may be the letter grade of F or the numerical grade of zero. The maximum grade penalty that the instructor and the chair may impose shall be the grade of F in the course. If the instructor and the chair determine that the infraction warrants, they may so instruct the University Registrar to append any grade received in the course with the notation AD (for academic dishonesty). If the student officially withdraws from the course a grade of W(AD) shall be imposed. W(AD) is calculated as an F in the grade point average.

01.504.B. The minimum penalty for the second offense of academic misconduct shall be a grade of F(AD) in the course in which the second infraction occurred and suspension (as defined in Section 01.504.F) from the University. Suspension for academic misconduct will be noted on the student's academic record as "Suspension for Academic Misconduct."

01.504.C. The minimum penalty for a third offense of academic misconduct shall be dismissal from the University. Dismissal for academic misconduct shall be noted on the student's academic record as "Dismissal for Academic Misconduct."

01.504.D. The minimum penalty for a student serving as a substitute for someone else, for a student arranging for a substitute, or for a student intermediary agent or broker shall be suspension (as defined in Section 01.504.F) from the University.

01.504.E. The minimum penalty that an instructor and chair must impose on a student involved in academic misconduct concerning a proficiency or waiver examination is failure for that examination. They may prohibit the student from receiving this specific credit or meeting this specific requirement in the future by proficiency or waiver examination.

01.504.F. The penalty of suspension shall be imposed by the University. A student may be suspended either immediately or at the close of an academic period. Such suspension will be for not less than the remainder of the current academic term nor more than the remainder of the current academic term plus the succeeding semester. The summer session is not counted as a semester. Students suspended for academic misconduct may not attend the summer session while suspended. Notification of suspension must be made in person or by registered mail. Any student suspended must leave University controlled property by the effective date of the suspension. A suspended student will jeopardize chances for gaining re-enrollment by failure to observe this regulation or by involvement in misconduct during the period of suspension. A student on suspension may neither register for credit nor audit courses during the period of suspension on any campus of Miami University. Credit earned elsewhere during the period of suspension will not be accepted in transfer. Incomplete grades can be removed during the period of suspension.

01.504.G. The penalty of dismissal prohibits the student from ever attending Miami University. A student may not be re-admitted to the University after dismissal. Any student dismissed must leave University controlled property by the effective date of the dismissal.

SECTION 01.505 Procedures for Obtaining Further Punitive Action

If a case of academic misconduct is flagrant or severe, further punitive action may be sought.

01.505.A. The instructor or the department chair may request that a case of academic misconduct be heard by the University Disciplinary Board. This request shall be made in writing within three class days following the chair's initial report to the Provost (see Section 01.505.C). The request for a hearing shall be submitted to the Provost and the chair of the University Disciplinary Board. Copies of this request shall be sent to the student, the Registrar, and all deans to whom this case has been reported.

01.505.B. A dean may request that the University Disciplinary Board hear a case of academic misconduct. This request shall be made in writing within five class days following receipt of the report from the department chair. The request for a hearing shall be submitted to the Provost and the chair of the University Disciplinary Board. Copies of this request shall be sent to the student, the instructor, the department chair, the Registrar, and all deans to whom this case has been reported.

01.505.C. When a request for a hearing is received by the Provost and the chair of the University Disciplinary Board, either may convene the University Disciplinary Board for a hearing. If a hearing is scheduled or if the request for a hearing is denied by both the chair of the University Disciplinary Board and the Provost or designee, then this information shall be given in writing to the student, the instructor, the department chair, the Registrar, and all deans to whom this case has been reported.

01.505.D. All proceedings of the University Disciplinary Board are subject to the rules of Part III Sanctions, in Chapter 2 The Code of Student Conduct.

SECTION 01.506 Student Appeal

A student found to have committed academic misconduct has the right to appeal the original decision. Written appeals signed by the student must be received by the chair of the University Appeals Board, c/o Secretary of the University, Roudebush Hall, Miami University, Oxford, Ohio, 45056 within 14 calendar days from the date on the decision letter. The student's appeal should explain in detail the reasons for the appeal and should include a copy of the written decision from the department chair and other supporting documents. The following guidelines apply:

01.506.A. The appeal will be conducted by a panel of the University Appeals Board, which panel will be composed of three faculty members who shall be elected members of the University Senate and two students who shall be members of the University Senate.

01.506.B. The grounds for appeal are procedural error, misapplication, or misinterpretation of the rule alleged to have been violated, findings of facts not supported by a greater weight of evidence, and discovery of substantial new facts that were unavailable at the time of the meeting with the examination proctor (if appropriate), instructor, and department chair.

01.506.C. Barring introduction of substantial new facts, an appeal may be limited at the discretion of the University Appeals Board to the University Appeals Board's review of the record of the case, including the instructor's report and supporting materials and any written materials submitted by the student.

01.506.D. An appeal based on grounds of procedural error, misapplication or misinterpretation of the rule alleged to have been violated, or findings of facts not supported by a greater weight of evidence cannot result in a more severe sanction being imposed.

01.506.E. A student is allowed active representation by an adviser from within the University community when making an appeal.

01.506.F. A hearing by the University Appeals Board shall result if the board determines that there are substantial new facts that were unavailable at the time of the hearing. The determination of this panel shall in no way be influenced or bound by the result of the department chair's report.

01.506.G. The University Appeals Board may invite the appellant, the instructor, and such other persons as appropriate to appear before the board to make statements and respond to questions. The student, instructor, and department chair may request the board to invite persons to testify if there is new evidence.

01.506.H. The decision of the appeals board shall be final and any penalty involved shall become effective on the date of its decision. Prompt notice of the decision shall be given by the University Appeals Board to the Secretary of the University, who will notify the appellant, the instructor, the department chair, the dean of the division in which the student is enrolled, the dean of the division in which the infraction occurred, the Dean of Students, the University Registrar, and the Provost.

01.506.I. If an instructor assigns to a student a grade which may have been influenced by an incident of academic misconduct, the student appeals, and the University Appeals Board decides that the student's grade must be re-evaluated because of the outcome of the appeal, then the instructor and department chair shall re-evaluate the grade, incorporating into the re-evaluation the findings and recommendations of the University Appeals Board, and the instructor shall assign the recalculated grade to the student.

SECTION 01.507 Reports of All Penalties and Actions

01.507.A. All written reports sent to the Office of the Registrar shall become a matter of institutional record. This shall not include notation on the student's academic transcript record unless stated otherwise in the communication. However, a copy of each report shall always be placed in the student's permanent academic record file, maintained by the Office of the Registrar.

01.507.B. The Dean of Students will make any reports of academic misconduct concerning a student available to the University Disciplinary Board when the University Disciplinary Board is hearing any case of student misconduct involving that student.

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