Academic misconduct

UWL Academic Misconduct Process

The following steps were adapted from UWS Chapter 14. For more details please refer to UWS Chapter 14.

Alleged Academic Misconduct Reported 

• An incident report or academic work is submitted to the instructor/hearing officer by member of UWL community. A instructor/hearing officer reviews report and/or academic work according to UWS Chapter 14.

Notify Alleged Student(s)

• The instructor/hearing officer will email student(s) of alleged violations and will schedule an initial meeting with student(s). Student has the choice to accept meeting or not in accordance to UWS Chapter 14.

Instructor Meeting

• A meeting, if chosen, between the student(s) and instructor/hearing officer will review and discuss the alleged violations in academic work, which would inform next steps. Student(s) has opportunity to share their perspective in accordance to UWS Chapter 14.

Instructor/Hearing Officer Decision Options: 

• Not Responsible Finding (Close Case)
• Responsible Finding
  1. Option #1: Sanction(s) Recommended are (Oral Reprimand, Written Reprimand, or Assignment to Repeat Work) (UWS 14.05)
     1. Instructor Imposes Sanction(s).
        • Instructor explains to student the right of appeal. 
        • Student must request hearing within 10 days of instructor's imposing sanction. (Appeal must be sent to the Student Life Office). 
          • Hearing Requested (UWS 14.08)
            • Hearing Scheduled and Held (Student Life Office will be notified and will organize this process). 
            • Decision sent to student. (Considered final unless appeals within 10 days) (UWS 14.09)
          • No Request
            • Sanction(s) Recommended by Instructor Imposed
  2. Option #2: Sanction(s) Recommended are ( Lower or Failing Grade on Assignment or Test, Lower Grade in Course, Failing Grade in Course, Removal of Course, and/or Written Reprimand on File) (UWS 14.06)
     1. Report sent to student, Office of Student Life, and Dean of the Student's College explaining:
        • Reported Misconduct
        • Proposed Sanction(s)
        • Right to Hearing
        • Copy of Procedures. 
     2. Student must request hearing within 10 days of instructor's imposing sanction. 
        • Hearing Requested (UWS 14.08)
          • Hearing Scheduled and Held (Student Life Office will be notified and will organize this process). 
          • Decision sent to student. (Considered final unless appeals within 10 days) (UWS 14.09)
        • No Request
          • Sanction(s) Recommended by Instructor Imposed
  3. Option #3: Sanction(s) Recommended are (Probation, Suspension, or Expulsion) (UWS 14.07)
     1. Report sent to student, Office of Student Life, and Dean of the Student's College explaining:
        • Reported Misconduct
        • Proposed sanction(s)
        • Right to Hearing
        • Copy of procedures. 
     2. A hearing will AUTOMATICALLY be scheduled.
        • Hearing Requested (UWS 14.08)
          • Hearing Scheduled and Held (Student Life Office will be notified and will organize this process). 
          • Decision sent to student. (Considered final unless appeals within 10 days) (UWS 14.09)
        • No Request
          • Sanction(s) Recommended by Instructor Imposed

Academic misconduct is an act in which a student:  

• seeks to claim credit for the work or efforts of another without authorization or citation;  
• uses unauthorized materials or fabricated data in any academic exercise; 
• forges or falsifies academic documents or records; 
• intentionally impedes or damages the academic work of others; 
• engages in conduct aimed at making false representation of a student’s academic performance; or 
• assists other students in any of these acts. 

Examples of academic misconduct include, but are not limited to: 

• cheating on an examination; 
• collaborating with others in work to be presented, contrary to the stated rules of the course; 
• submitting a paper or assignment as one’s own work when part or all of the paper or assignment is the work of another; 
• submitting a paper or assignment that contains ideas or research of others without appropriately identifying the sources of those ideas; 
• stealing examinations or course materials; 
• submitting, if contrary to the rules of a course, work previously presented in another course; 
• tampering with the laboratory experiment or computer program of another student; 
• knowingly and intentionally assisting another student in any of the above, including assistance in an arrangement whereby any work, classroom performance, examination or other activity is submitted or performed by a person other than the student under whose name the work is submitted or performed. 

There are many ways you can avoid academic misconduct.  Some ways include: 

• Read your syllabus carefully and seek clarification from your instructor regarding class assignments. 
• Always assume that you are expected to complete work independently unless otherwise noted. 
• Plan ahead.  Being rushed for time is not an excuse for academic misconduct. 
• Don’t share assignments with others.  While you may not have the intention of misconduct, you do not know the intentions of others. 
• Keep track of sources and properly cite sources as you go. 
• When taking a test, cover your answers or distance yourself from others to reduce the temptation of looking at the work of others. 
• Avoid the usage of cell phones during an exam. 

If you have been accused of academic misconduct, your instructor should request a meeting with you to discuss the allegation and allow you the opportunity to respond.  Be honest in this meeting.   

Once the meeting has been conducted, the instructor will make a determination of responsibility and resulting sanction if applicable.  This decision will be emailed to you and you will have the opportunity to appeal the decision and/or sanctions or accept the decision and/or sanctions.   

If you wish to appeal, you must do so within 10 days of the decision being delivered to you.  To appeal a decision and/or sanction, please contact the Assistant Dean of Students in the Student Life Office. 

ADVISOR GUIDE TO THE STUDENT CONDUCT PROCESS

The student conduct process is designed to address the student’s relationship to the institution and its behavioral standards and policies. The student conduct process focuses on assessing the impacts of an individual’s behavior on the learning environment of others and facilitating student growth, learning, and development.

Question: Where can I find a complete copy of the Student Academic Disciplinary Procedures?

Answer: A completed copy of student Academic Disciplinary Procedures can be found in the Student Handbook and in Wisconsin Legislature.

Question: I have been asked to represent a student in the disciplinary process. How do I establish this with the University?

A: In order to communicate information contained in a student disciplinary record to a third party, the Student Life Office, consistent with the Family Education Rights and Privacy Act, must receive from the student a completed confidentiality waiver form available in our office. It is the practice of our office to correspond at all times directly with the student. It is the responsibility of the student to relay all information to their advisor.

Question:: Are attorneys permitted to attend meetings and hearings as part of the process?

A: The student has the right to be accompanied to meetings and hearings by an advisor, who may be an attorney.

Question: What is the role of an advisor the conduct process?

A: Investigating Officer Meetings

      In meetings with the investigating officer, the advisor may not speak on behalf of the student but may counsel the student.

Hearings

In most cases, the advisor may counsel the respondent but may not directly question adverse witnesses, present information or witnesses, or speak on behalf of the respondent except at the discretion of the hearing examiner or committee.

In cases where a student is facing suspension or expulsion, or where the respondent has been charged with a crime in connection with the same conduct for which the disciplinary sanction is sought, the advisor may question adverse witnesses, present information and witnesses, and speak on behalf of the respondent.

In accordance with the educational purposes of the hearing, the respondent is expected to respond on his/her/their own behalf to questions asked of him/her/them during the hearing.

Advisors may not: delay, disrupt, or interfere with proceedings; present information not relevant to the issues being discussed at the hearing; disrespect others in the hearing by badgering or harassing the other student(s).

Question: Can the disciplinary process proceed if the student is no longer enrolled at the University?

A: UWS Ch. 14.02(13) defines a student as any person who is registered for study for the academic period in which the misconduct occurred, or between academic periods, for continuing students. In other words, disciplinary procedures may proceed against a non- enrolled student if the misconduct occurred while the student was enrolled.

Question: What happens if the student refuses to participate in the student disciplinary process?

A: If the student does not respond to the investigating officer or fails to appear for a hearing, the investigating officer or hearing committee may proceed to make a determination on the basis of the available information.

Question: What is the standard of proof in the disciplinary process?

A: A finding of nonacademic misconduct is based on one of the following: (1) Clear and convincing evidence, when the sanction to be imposed is suspension or expulsion from the University, or enrollment restrictions are placed on a course or program; and (2) a preponderance of the evidence, when the sanction is anything other than those listed in (1).

Question: What resources are available to learn more about the law as it relates to campus disciplinary proceedings?

A: Bickel, R. & Lake, P. (1999). The rights and responsibilities of the modern university: Who assumes the risks of college life? Durham, NC: Carolina Academic Press.

Kaplin, W., & Lee, B. (2007). The law of higher education: Student version (5th ed.). San Francisco, CA: Jossey-Bass.

Russo, C., & Reutter, E. (2012). Reutter’s The law of public education (8th ed., University casebook series). New York, NY: Foundation Press/Thomson/West.

A review of the following cases may be useful:

Dixon v. Alabama State Board of Education (1961, 5th Circuit)

Esteban v. Central Missouri State College (1969, 8th Circuit)

Gabrilowitz v. Newman (1978, 5th Circuit) Goss v. Lopez (1975, U.S. Supreme Court)

Krasnow v. Virginia Polytechnic Institute (1977, 4th Circuit)

Osteen v. Henley (1993, 7th Circuit)

Soglin v. Kauffman (1969, 7th Circuit) Paine v. Board of Regents of the University of Texas System (1973, 5th Circuit)

Adapted from the University of Wisconsin Eau Claire

Any student with a documented disability (e.g. ADHD, Autism Spectrum Disorder, Acquired Brain Injury, PTSD, Physical, Sensory, Psychological, or Learning Disability) who needs to arrange accommodations for their meeting, must be registered with the Disability Resource Center.  In addition to registering with The Disability Resource Center, it is the student's responsibility to discuss their needs with the Student Life Office prior to their meeting so that all efforts can be made to ensure accommodations are met.

You can find out more about services available to students with disabilities at The Disability Resource Center website.

If you suspect someone has engaged in academic misconduct, you should report that matter directly to your instructor and/or the Office of Student Life. 

• UWS Chapter 14 

If you have a concern about academic misconduct in your course, review the options below to determine next steps:

• Reference the UWL Academic Misconduct Process drop down at the top of this page
• Reference UWS Chapter 14.
• Consult with Student Life (studentlife@uwlax.edu / 608-785-8062).

Here is a succinct step-by-step guide to address academic misconduct:

• Step One: Gather your evidence.
• Step Two: Notify the student (preferably in writing) and request to meet.
• Step Three: Hear from the student.
• Step Four: Make a decision of responsibility.
• Step Five: Consider sanctions listed in UWS 14.04.
• Step Six: Make a decision on the outcome.
• Step Seven: Notify the student, dean, and Student Life of the decision. (see how to report for more information).
• Step Eight: Thank you for addressing and navigating the challenge of academic misconduct in your course.

Following the policy, after meeting or offering to meet with the student regarding your concerns, you must notify the student in writing and cc Student Life and the Dean of their college.

• Use this letter template to create a notice to the student.

Join our restorative justice pilot in response to academic misconduct. This process is facilitated by the student life office and incorporates due process rights for students through a restorative justice philosophical approach. This approach resolves academic misconduct through student accountability to address the harm caused by academic misconduct.

To learn more about this alternative resolution process, contact the Student Life office at 608-785-8062.

• Meeting Script 
• Letter Template (Instructor sends)
• UWS Chapter 14