Policies & Procedures

Student Rights and Conduct

Student Academic Code - 3C2

1. Introduction

   Southern Illinois University Edwardsville ("University") strives to provide students with a solid foundation for intellectual development and an ability and desire to make contributions to society. Students are encouraged to set the events of the world in a broad perspective, bringing a reasoned approach to the challenges they may face. A presumption of intellectual honesty is the foundation of all learning. This Code is administered with the intent that the process described below is fair or just and educational. The University reserves the right to deviate as necessary from strict compliance with provisions of this Student Academic Code at any time, if the Provost determines circumstances so warrant and the best interests of students and the University are protected. In cases where allegations against a student are directly related to a student's participation in an externally-funded project from a sponsor, such as the Public Health Service (PHS), that requires following the research misconduct procedure, the matter will be resolved through Policy 1Q5.

2. Definitions

   Academic Misconduct: Acts of academic misconduct for which students are subject to sanctions include, without limitation, plagiarism, cheating, failure or refusal to follow clinical practice standards, falsifying or manufacturing scientific or educational data and/or representing manufactured data to be the result of scientific or scholarly experiment or research, and soliciting, aiding, abetting, concealing, or attempting such acts. This definition applies to misconduct occurring online as well as in face-to-face interactions.

   Plagiarism: Presenting another existing work, original ideas, or creative expressions as one's own without proper attribution. Any ideas or materials taken from another source, including one's own work, must be fully acknowledged unless the information is common knowledge. What is considered "common knowledge" may differ from subject to subject. To avoid plagiarizing, one must not adopt or reproduce material from existing work without acknowledging the original source. Existing work includes but is not limited to ideas, opinions, theories, formulas, graphics, and pictures. Examples of plagiarism, subject to interpretation, include but are not limited to directly quoting another's actual words, whether oral or written; using another's ideas, opinions, or theories; paraphrasing the words, ideas, opinions, or theories of others, whether oral or written; borrowing facts, statistics, or illustrative material; and offering materials assembled or collected by others in the form of projects or collections without acknowledgment. See the University's policy on Plagiarism 1I6 for information specific to plagiarism and Policy 1Q5 for information specific to allegations directly related to a student's participation in an externally-funded project from a sponsor, such as the Public Health Service (PHS), that requires following the research misconduct procedure.
   
   Charge: The written allegations of academic misconduct by the complainant against a Student.

   Clinical Practice Standards: The prescribed level of performance in a professional, clinical, or hospital setting under the supervision of, or pursuant to an agreement with, the School of Nursing, the School of Education, College of Arts and Sciences, or any other course, class, or program in which students perform assignments in the treatment of patients or clients, or undertake student teaching duties.

   Complainant: The person who files a charge.

   Days: Regular work days in the normal work week, Monday through Friday, exclusive of University holidays, days of administrative closure, and term breaks.

   Faculty: Members of the University faculty including part-time and non-regular faculty.
   
   Field Experience: For purposes of this policy, field experiences denote class experiences that take place outside the typical classroom. Field experiences can include such activities as: clinicals, field placements, travel studies, and/or semesters abroad.

   Instructor: For purposes of this policy, an instructor includes anyone assigned the responsibility of teaching a class or anyone with administrative responsibility for a field experience.

   Mediation: A process where the parties in disagreement resolve their differences by agreement with the assistance of an impartial mediator who facilitates a resolution in a private confidential setting. This agreement is reduced to writing and binding on the parties to the dispute.

   Notice: Notice to any party shall be sent by certified mail to the party's last known address as recorded with the University, or by personal delivery to the party. As a supplemental form of notice, e-mail to the party's last known e-mail address may be used. However, notice by e-mail alone is insufficient. Failure to have one's current address on record with the University shall not invalidate notice and could result in a hearing or administrative review held in absentia. If personal delivery is used, a receipt of notice shall be signed by the party receiving such notice.

   Professional Performance: Performance characterized by or conforming to the technical or ethical standards of a profession.

   Record: All materials related to a charge brought under this policy.

   Respondent(s): The person(s) against whom a charge is brought.

   Sanction: A penalty imposed upon a student after the student has either admitted guilt or been found guilty of having committed a violation of the Student Academic Code.

   Staff: Any University employee other than faculty, student workers and graduate assistants.

   Student: One who is registered, or enrolled, or who has paid tuition, fees, or other University costs for credit or non-credit instructional activities.

3. Expectations of Students

   Students enrolled in online as well as face-to-face and blended courses at SIUE have the responsibility to be good citizens of the University and the community, to pursue their educational goals with honesty and integrity, to contribute to an environment which encourages free inquiry and expression, to abide by all applicable laws and SIUE policies and procedures, and to respect the rights and responsibilities of fellow students, faculty and staff. In particular, it is expected that students will:

   1. Attend or login to class on a regular basis, giving special attention to the class attendance policies of instructors and the University.
   2. Know and follow instructions in course syllabi.
   3. Be present at the beginning of class and remain in the classroom throughout the class period for synchronous online or blended courses as well as face-to-face courses.
   4. Be prepared for class.
   5. Use appropriate language in class and on the Learning Management System.
   6. Be aware of and follow the Student Conduct Code and other University policies.
   7. Respect the rights of others to hold various points of view.
   8. Become familiar with program requirements and expectations stated in the undergraduate and graduate catalogs, as appropriate.
   9. Develop or create any paper, project, case study, art form or other print or non-print product according to established standards of a particular academic discipline conveyed by an instructor in the discipline.
   10. Develop or create any paper, project, case study, or art form, or other print or non-print product utilizing their own ideas. When using the ideas of others, use proper citations.
   11. Create or generate information or data by using one's own methodology, experiment, or procedure and subject the information or data to careful examination and study. When using another's data, proper citations must be used.
   12. Comply with all clinical expectations and professional standards during clinical or other field experiences.
   13. Resolve conflicts, disputes, and differences through participation and by thoughtful discussion.
   14. Balance responsibilities and obligations to family and work with responsibilities for the quality of education, particularly in the apportionment of time.
   15. Follow University procedures, including submission of information in a timely manner to meet deadlines, and keep the University informed of all changes in name, address, telephone number, and the University identification number.
4. Initial Actions Taken by Instructor and Office of Provost
   
   When an instructor believes academic misconduct has occurred, the instructor may impose the following sanctions:
   
   
   1. Discussion with the student about the academic misconduct and an opportunity to correct the problem. This sanction is most appropriate for unintentional incidences of academic misconduct. If the instructor deems the incident unintentional, the instructor does not need to provide any information to the Office of the Provost or Dean as set forth hereafter in Section E.
   2. Failing grade on an individual assignment which is part of a course. Instructors who impose this sanction shall immediately notify, in writing, the student. A student who contends this sanction to be inappropriate may grieve imposition of the sanction in accordance with the Student Grievance Code.
   3. Failing grade for a course. Instructors who impose this sanction shall immediately notify, in writing, the student of the sanction, their chair or coordinator, as appropriate, or director or Dean of Graduate Studies and Research, as appropriate, in addition to the Provost and the Office of the Dean. Instructors shall also notify the Service Center immediately, in writing, of the action and specify that the student may not re-enroll in any other section of the course for that term nor drop the course or change the registration to an audit. A student who contends this sanction to be inappropriate may grieve imposition of the sanction under the Student Grievance Code.
   4. Removal from field experience. Students may be removed at any time from a clinical site, field placement, travel study, or other field experience at the discretion of the instructor. Instructors shall notify the student of such removal in writing. A student who contends this sanction to be inappropriate may grieve imposition of the sanction in accordance with the Student Grievance Code.
       
      (If the instructor wants the student dismissed or to impose any sanction other than the above mentioned sanctions, the instructor must file a formal charge pursuant to Section F of this Code.)
5. Information Provided to Provost and Dean
   
   In addition to the sanctions mentioned above, the instructor shall provide certain relevant information to the Office of the Provost of the academic misconduct. Additionally, the instructor shall provide this information to the Office of the Dean of the School/College in which the student is enrolled and the Dean of the School/College in which the course, where the academic misconduct allegedly occurred, is offered. Providing such information is not the same as filing a formal charge and shall include the following data:
   
   
   1. Name of student.
   2. Course name and number.
   3. School or college and department offering such course.
   4. Course delivery format: face-to-face, blended, or online
   5. Date of incident.
   6. Name of instructor.
   7. Brief description of incident.
   8. Whether instructor deems conduct was intentional or unintentional.
      
      (The Office of the Provost shall retain such information and check for repeat violations. In the event of repeat violations by a student, a formal charge shall be filed by the Office of the Provost against the student. In other cases, the instructor may file a formal charge pursuant to Section F of the Code.)
6. Procedures for Bringing Charges for Academic Misconduct

   In response to a student's academic misconduct, instructors may give the student a failing grade on the individual assignment, a failing grade for the course, or may remove the student from a field experience without filing charges pursuant to this Code. However, for any other sanction, instructors must follow the procedures outlined in the Code.

   Any member of the University community may bring charges against a student for alleged acts of academic misconduct using the procedures of this policy. Charges of academic misconduct must be filed within twenty (20) working days of the actual occurrence, or the discovery of the occurrence, which forms the basis of the charge.

   Charges of academic misconduct shall be submitted in writing by the complaining party to the Provost and Vice Chancellor of Academic Affairs ("Provost") using the Academic Misconduct/Plagiarism Incident Report (see Appendix A). The charge shall contain the following information.

   1. The name of the person(s) against whom the complaint is(are) made.
   2. The specific charges of academic misconduct including the date and time of the event precipitating the complaint.
   3. A detailed statement of the circumstances and evidence.
   4. Documentary evidence in support of the complaint.
   5. A list of witnesses.
   6. Resolution sought.

   If the Provost deems it appropriate, mediation may be suggested to the parties involved in the dispute at any time in the process. If all parties agree, a mediation effort will be attempted. If successful, the agreement must be reduced to writing. Such agreement signifies that the dispute is terminated and no further action or appeal may be granted. If unsuccessful, the Provost will proceed as described in this policy.

7. Procedures for Processing Charges of Academic Misconduct Against Students

   The Provost shall, within five (5) days of the receipt of a complaint, notify in writing the student of the charges made and provide a copy of all the information that has been received. The student will be asked to admit or deny the charges.

   If a student admits to a charge of academic misconduct, the hearing shall be waived. The admission shall be made in writing to the Provost who will decide on the appropriate sanction. The Provost will inform all parties involved of the sanction in writing.

   If a student denies the charge of academic misconduct, a Faculty Hearing Panel will be formed according to the procedures below. The student may continue attending class while the charge is pending.

8. Formation of a Faculty Hearing Panel

   The Faculty Hearing Panel members shall be selected by lot from full-time faculty on continuing or tenured appointments by the Provost as follows: College of Arts and Sciences---3; School of Education, Health and Human Behavior---1; School of Business---1; School of Engineering---1; School of Nursing---1; School of Pharmacy---1. From the eight names, three will be drawn by lot to hear each academic misconduct case. A separate Hearing Panel will be formed for each complaint. However, if more than one student is charged with academic misconduct arising out of the same operative facts, the charges may be heard together by one Hearing Panel. The Faculty Hearing Panel shall not include faculty from the department represented by the faculty member involved in the charges. The Provost will appoint a Chair for each Faculty Hearing Panel.

9. Time Requirements for Processing Pleadings of Not Guilty
   
   
   1. The Provost will forward materials relative to the complaint to the Chair of the Hearing Panel within fifteen (15) days of formation of the Hearing Panel.
   2. The Hearing Panel shall arrange for a time and place for the review and shall notify the parties involved. The Hearing may be conducted virtually to accommodate students charged with academic misconduct in online courses who may not be present in the region, state or country. The Hearing Panel shall conduct a hearing not less than five (5), or more than twenty (20), days from the receipt by the Chair of the complaint.
   3. The Hearing Panel shall present findings of fact and make a recommended decision with sanctions, if warranted, to the Provost within ten (10) days from the date the Panel completes its hearing of the complaint.
   4. The Provost shall render a decision within ten (10) days of the receipt of the recommendation from the Hearing Panel. The Provost may review the record and reach a decision on the allegation, or interview additional witnesses, or request additional information for clarification. In such an instance, both the complainant and respondent shall be interviewed.
10. Hearing Panel Procedures

    Students charged with academic misconduct shall have the allegations reviewed by a Faculty Hearing Panel formed as described above. The Panel shall collect, review, determine facts, and recommend a sanction.

    1. The Chair of the Panel shall be a voting member of the Panel.
    2. The Chair shall convene the Panel, arrange all meetings of the Panel, and preside over the hearings. Arrangements for real-time, teleconference or videoconference hearings should be made when the student is charged with misconduct in an online course and is unavailable to meet in person.
    3. The Chair shall be responsible for provisions for keeping an accurate record of the proceedings of the hearing(s) by audio recorder or other appropriate means. The record shall be the property of the University.
    4. The Chair shall collect and distribute the relevant materials to the Panel from the parties involved.
    5. The Chair shall inform all parties of their responsibilities regarding attendance, testimony, honesty, rights, and the maintenance of order.
    6. The Chair shall read the charges and ask the respondent to reply to the allegations(s) contained in the complaint. If the respondent is absent or refuses to reply, it shall be assumed that the respondent denies the allegation(s) made.
    7. The complainant and the respondent may make an opening statement which shall inform the Panel of the evidence to be presented and provide a general overview of the case.
    8. The complainant may then present witnesses and other evidence in support of the allegation(s).
    9. The respondent may then question the complainant and each of complainant's witnesses.
    10. The complainant may question each witness again after the respondent has finished questioning.
    11. Members of the Panel may question the witnesses and the Chair of the Panel may permit further questioning by the parties.
    12. Either party may challenge the admission of evidence if the party believes there is a good reason the evidence should not be admitted. The Chair shall make the final decision in all cases regarding relevance and admissibility of evidence.
    13. The respondent may then present witnesses and evidence in an effort to respond to the charge(s).
    14. The complainant may question the witnesses.
    15. The respondent may question each witness again after the complainant has finished questioning.
    16. Members of the Panel may question the witnesses and permit further questioning by the parties.
    17. The Chair shall ask all parties to present any further information pertaining to the case and any closing statements, summarizing evidence or arguments.
    18. All parties shall have the opportunity to present additional closing statements, summarizing evidence and presenting arguments in writing within five (5) working days of the conclusion of the hearing by the Panel.
    19. At that point, the Panel shall close the hearing, meet in executive session, make findings of fact, determine whether it is more likely than not that the respondent committed the allegations, and make a recommendation, including sanctions, if warranted, to the Provost which shall be rendered within applicable time limits.
    20. The Panel may use an independent consultant as it deems necessary to reach resolution. If an independent consultant is used, all parties must be notified of the name and expertise of the independent consultant and allowed to attend the meetings(s) of the Panel with the independent consultant.
    21. Upon receipt of the Panel's recommendations, the Provost shall render a decision and issue sanctions, if appropriate.
11. Hearing Procedural Rights

    Every reasonable effort will be made to provide procedural rights under this Code. The precise format of a hearing may vary depending upon the circumstances of the particular case.

    The following procedural rights are assured to all parties:

    1. A timely hearing.
    2. Written notice of charges and a reasonable time for response.
    3. Waiver of required notice of hearing by the person charged in consideration for a more immediate disposition of the alleged violation.
    4. Availability of real-time teleconferencing or videoconference for hearings involving academic misconduct of students in online courses when the student is unavailable to meet in person.
    5. A postponement of any procedure relating to the hearing for reasonable cause.
    6. Removal of any Hearing Panel member provided the party can demonstrate that the member is biased or prejudiced in relation to the case.
    7. To hear all relevant oral evidence and view all relevant written evidence issued against or in favor of either the person bringing the charge or the respondent.
    8. The person bringing or prosecuting a charge has the burden of proof by the preponderance of evidence.
    9. All available relevant witnesses may be heard, examined, and cross-examined. A list of witnesses will be provided to all parties and those hearing the case at least five (5) days before the hearing.
    10. Strict rules of evidence need not be followed; however, evidence which is irrelevant, immaterial, or cumulative may not be permitted.
    11. Hearings shall be closed except for the parties, advisors, witnesses and interpreters, as requested, only while giving testimony, and those hearing the case. Hearings may be open if all parties agree in writing.
    12. To be accompanied to a hearing by either an advisor (non-attorney) or an attorney for the purpose of receiving advice or assistance; advisors or attorneys shall not participate directly in a hearing, except as such participation is required by operative law or regulations in a specific instance. Consultation with advisors or attorneys during the hearing will be at the consent of the Chair of the Hearing Panel.
    13. To be informed in writing at least five (5) days in advance of the hearing whether the other party will be accompanied to a hearing by either an advisor or an attorney.
    14. Hearings shall be limited to the specific charges filed.
    15. Those hearing the case may provide for separate hearings if a single incident gives rise to charges against more than one person. They may also hear all such cases in one proceeding.
    16. All proceedings, testimony, findings, recommendations, decisions, and the names of the parties involved in any closed hearings are confidential and shall not be disclosed to anyone not involved in or not responsible for the disposition of the hearing or case, unless such disclosure is required by law.
    17. Provisions shall be made by those hearing the case for an accurate record of all hearings by audio  recording or other appropriate means.
    18. Appeal of a decision by the Provost as provided in this policy.
    19. Any situation, question, rule, point, issue, or matter not directly provided for in this policy, but which arises under this policy will be resolved by the Hearing Panel or Administrator.
    20. Parties may provide their own interpreter, if necessary, upon notice to the hearing panel or administrator and other party.
12. Interim Measures

    Upon filing charges pursuant to this Code, the Provost may, at the request of the instructor, take interim measures to protect the integrity of the grading system used by the University. When a final resolution has been reached, the interim measures may be rescinded. Those interim measures are as follows:

    1. A student's grade may be withheld by an instructor pending resolution of the charge.
    2. A student's graduation may be suspended pending resolution of the charge.
    3. A student's transcript may be withheld pending resolution of the charge.
    4. A student may be removed from a field experience pending resolution of the charge.
13. Sanctions for Student Academic Misconduct

    This section defines sanctions which may be imposed by the Provost for academic misconduct. The appropriate dean may provide to the Provost a written recommendation for sanctions pursuant to this Code. University sanctions are independent of other sanctions that may be imposed as a result of civil or criminal prosecution. The sanctions listed in this section are not inclusive, but merely serve as guidelines and may be imposed in any combination. Sanctions provided for under this section may be accompanied by additional conditions of appropriate counseling and participation in University or community service activities. Prior determinations of academic misconduct under this Code or other student conduct policies may be considered in determining sanctions for present violations.

    The following sanctions may be imposed with regard to a student's academic misconduct.

    1. Failing grade on an individual assignment which is part of a course. The student may receive a failing grade on the individual assignment given as part of the course.
    2. Failing grade for a course. The student may receive a failing grade for the course.
    3. Disciplinary reprimand.
       An oral or written warning noting the seriousness of the academic violation and repetition of the violation or additional violations may subject the student to further sanctions. This warning shall last for a stated period of time and until conditions of any other imposed sanctions have been met.
    4. Restricted access.
       Restriction from access to entering certain designated areas and use of specific equipment and facilities for a specified period of time.
    5. Disciplinary probation.
       A status imposed for a specific period of time, which places the student on notice that further academic misconduct may result in separation from the University. A student on disciplinary probation for academic misconduct must demonstrate conduct in conformance with the University standards. The student may not hold office in any University-approved organization, serve on University committees, or participate in University-approved campus recreation or intercollegiate activities during the period of probation. Violations of this Code, Student Conduct Code, or other University policy while on disciplinary probation for academic misconduct may result in separation from the University, and/or other appropriate sanctions.
    6. Loss of University position. The student may lose his/her scholarship, student worker position, graduate assistantship or other appointed or elected position at the University.
    7. Removal from field experience. A student may be temporarily or permanently removed from one or more field experiences.
    8. Restricted course enrollment.
       A student's enrollment may be restricted by limiting him or her to certain courses or to a limited number of hours of enrollment, or restrict a student from courses in particular programs.
    9. Separation from the University.
       Separation from the University may be for a specific period of time, an indefinite period of time, or permanent separation. In either of the first two instances, readmission is contingent upon both satisfactory fulfillment of any conditions imposed by the Provost or other University administrator and a written petition for readmission to the Provost. A decision to permanently separate a student from the University is the responsibility of the Chancellor as provided in the Policies of the Board of Trustees.
14. Appeals of Decisions of the Provost for Student Academic Misconduct

    Either party to a decision may appeal the decision of the Provost by filing a written appeal to the Chancellor, or the Chancellor's designee ("Chancellor"), within five (5) days of receipt of the decision.

    1. Appeals shall be limited to one or more of the following purposes:
       1. to determine whether the original hearing was conducted in conformity with the prescribed procedures herein.
       2. to determine whether the sanctions imposed were appropriate for the violations.
       3. to consider new evidence or facts sufficient to alter a decision that were not brought out in the original hearing because such evidence or facts were not known or available through reasonable inquiry at the time of the hearing.
    2. The appealing party shall submit to the Chancellor, in writing, that party's specific objections to the previous decision and any materials relevant to the objections.
    3. The Chancellor shall, within five (5) days, in writing, acknowledge the receipt of the appeal to the appealing party, and notify the Provost and the other parties to the appeal that an appeal has been filed.
    4. The Chancellor may conduct a fact finding hearing only if he/she determines that new facts are discovered.
    5. The Chancellor shall notify the parties involved of his/her decision, in writing, within thirty (30) days of receipt of the record of the case from the Provost. The Chancellor may impose the sanction immediately based upon good cause regardless of whether an appeal is in process. The decision of the Chancellor is subject to the policy of the Board of Trustees regarding appeals of administrative decisions and on separation of students.
    6. The Chancellor may extend for a reasonable period of time, but not longer than thirty (30) days, the decision date in the event that additional fact finding is deemed necessary.

Appendix A

Academic Misconduct/Plagiarism Incident Report

Approved by President effective 8/13/19
This policy was issued on August 16, 2019, replacing the March 22, 2017 version.
Document Reference: 3C2
Origin: OC 1/8/90; OC 11/14/90; OC 5/14/91; OC 3/19/92; OC 2/25/94; OC 5/4/94; OP 10/26/98; WC 04-08/09; CC 25-05/06; CC 15-16/17; GR 18/19-09