03-2 Procedures for Handling Complaints of Academic Dishonesty Involving Students Who Have Been Awarded a Degree or Credential (Approved 5/27/03)

Academic Integrity

The maintenance of academic integrity is the responsibility of each student within California State University, Northridge (CSUN) and The California State University (CSU) system. General principles of academic honesty include respect for the intellectual property of others, the expectation that individual work will be submitted unless the instructor deems otherwise, and the avoidance of representing the words, ideas, or work of another as one's own. For example, in written work, every direct quote must be identified by quotation marks, or by appropriate indentation, or by other means of identification, and must be properly cited. Prompt acknowledgment is required when material from another source is paraphrased or summarized in whole or, in part, in one's own words. Information obtained from one's reading or research, which is not common knowledge, must be acknowledged.

Academic Dishonesty

Academic dishonesty includes cheating, plagiarism, fabrication, and facilitating academic dishonesty. It is an especially serious offense because it diminishes the quality of scholarship and defrauds those who depend upon the integrity of Campus programs. Further discussion of the issues of academic dishonesty and plagiarism are discussed in the CSUN University Catalog.

Removal of Awarded Degree or Credential

The University reserves the right to take actions up to and including the removal of a degree or credential previously awarded to any individual who committed academic dishonesty in order to gain a CSUN degree or credential. The procedures for consideration of such allegations against individuals who have been awarded a degree or credential are provided below. These procedures may be initiated at any point at which there is credible information to support an allegation of academic dishonesty. These procedures are an extension of the University's academic processes and are separate from the University's student discipline process. If the individual in question is enrolled as a student at the time of the allegation of academic dishonesty it is appropriate to initiate disciplinary proceedings. The Office of the Vice President for Student Affairs should be contacted for assistance with the student discipline process.

Proceedings on the CSUN Campus

1. Referral of Cases

Cases involving alleged academic dishonesty by students who have already received their degree or credential will be referred to either the Associate Vice President (A.V.P.) for Graduate Studies or the Associate Vice President (A.V.P.) of Undergraduate Studies and are subject to the academic procedures outlined below. Referral of such cases should occur as soon as there is credible information to support the allegation of academic dishonesty.

2. Investigation and Notice to the Student

Upon receiving notice of alleged academic dishonesty, either the A.V.P. for Graduate Studies or the A.V.P. of Undergraduate Studies may consider information acquired from a complainant and may augment that information through further investigation in order to determine if there is a reasonable suspicion to believe that an act of academic dishonesty may have occurred. In cases in which the A.V.P. for Graduate Studies or the A.V.P. of Undergraduate Studies determines that there is not a reasonable suspicion of academic dishonesty, either the A.V.P. for Graduate Studies or the A.V.P. of Undergraduate Studies will dismiss the case. In cases in which there is a reasonable suspicion of academic dishonesty, the Graduate Studies Office or the Undergraduate Studies Office will notify the accused student, in writing, by person or by certified mail sent to the last known address of the student found on Campus records, of the following:

The allegation(s) made, including a brief statement of the basis of the charge.
A copy of these procedures; and
A statement that the student has 30 working days from the date of the letter of notification to contact the Graduate Studies Office or the Undergraduate Studies Office for the purpose of scheduling an initial conference. Conference interviews are to be scheduled within 30 working days from the date on which the student contacts the Graduate Studies Office or the Undergraduate Studies Office. If circumstances warrant, interviews will be conducted via a telephone conference call or a teleconference arrangement.

3. Conference Interview

The A.V.P. for Graduate Studies or the A.V.P. of Undergraduate Studies will hold a conference at which the student may respond to the alleged academic dishonesty charge. The student and the A.V.P. for Graduate Studies or the A.V.P. of Undergraduate Studies may each have an attorney or other advisor of their choice present.
A tape recording, made by the university, shall be kept of the conference. The student charged may, at his or her own expense, request a copy of such recording. The student charged may, at his or her own expense, furnish a certified court reporter provided that the Campus shall be permitted to make copies of the transcript at its own expense
At the conclusion of the conference, the A.V.P. for Graduate Studies or the A.V.P. of Undergraduate Studies will determine whether the allegations of misconduct have merit.

4. Non-Response to Notice

In the event that the student does not contact the Graduate Studies Office or the Undergraduate Studies Office within 30 working days, a hold will be placed on his/her academic records and a notification of this action sent to the student. The hold will be removed once the student has contacted the Graduate Studies Office. If the student fails to contact the Graduate Studies Office or the Undergraduate Studies Office within 30 working days, the case will proceed to the hearing phase.

5. Notice of Hearing

If the charge of academic dishonesty has not been resolved by conference and the A.V.P. for Graduate Studies or the A.V.P. of Undergraduate Studies determines that formal action should be taken, either the A.V.P. for Graduate Studies or the A.V.P. of Undergraduate Studies shall initiate the process by a written Notice of Hearing served in person or served by "certified mail, return receipt requested."
The Notice of Hearing shall include the following:
1. A factual description of the conduct upon which the charges are based. The CSUN student will be provided with copies of all documents, including supporting evidence, relevant to the case that are in possession of the Graduate Studies Office or the Undergraduate Studies Office at the time the case will be referred for formal hearing.
2. The sanction recommended by the A.V.P. for Graduate Studies or the A.V.P. of Undergraduate Studies and notification that the hearing officer is not bound by the recommended sanction. The hearing officer may impose a more severe sanction than recommended.
3. The date, time and place of the hearing.
4. The office at CSUN where additional information, if any, regarding the evidence may be obtained. Any documents relevant to the case arriving in the Graduate Studies Office or the Undergraduate Studies Office, after the case has been referred for formal hearing, will be forwarded to the office of the Hearing Officer.
5. Notification that the student may be accompanied at the hearing by an advisor of choice, including an attorney, who may act on behalf of the student. If the student's advisor is an attorney, the student must inform the A.V.P. for Graduate Studies or the A.V .P. of Undergraduate Studies of the name and address of the student's attorney at least five (5) days prior to the hearing.
6. Notification that the student charged may elect to waive his or her right to a hearing by accepting the recommended sanction.
7. A copy of these procedures will be sent with the Notice of Hearing.
8. The Notice of Hearing shall be served on the student at least 30 working days prior to the hearing. If all parties agree, the thirty-day period may be waived and shortened.
9. The charges stated in the Notice of Hearing may be amended at any time. If the amendment would require the student to prepare a defense that is different from that required by the prior Notice of Hearing, any hearing that has been scheduled would, upon request, be postponed for a reasonable time. If the charges are amended after a hearing has commenced, the Hearing Officer may postpone the hearing for a reasonable period of time.

6. Appointment of a Hearing Officer

The University Provost and Vice President for Academic Affairs shall appoint a Hearing Officer to consider charges of academic dishonesty in those cases that proceed to a formal hearing based on the decision of the A.V.P. for Graduate Studies or the A.V.P. of Undergraduate Studies. The Hearing Officer shall determine if a student has committed academic dishonesty.

7. Hearing

All hearings held under these procedures shall be conducted according to the following:
1. Hearings shall be closed to all persons other than the person conducting the hearing, the student charged, the A.V.P. for Graduate Studies or the A.V.P. of Undergraduate Studies, a single advisor for the student charged, a single advisor for the A.V.P. for Graduate Studies or the A.V.P. of Undergraduate Studies, the person designated to record the hearing, and witnesses while they are testifying.
2. The student and either the A.V.P. for Graduate Studies or the A.V.P. of Undergraduate Studies may each use an attorney or other advisor of choice to act on his/her behalf.
3. The CSUN Hearing Officer and the student charged shall have the opportunity to present witnesses, subject to the right of cross examination, as well as questioning by the student, his/her counsel, and the Hearing Officer. If the student charged elects to testify, he or she shall be subject to cross-examination and questioning by the Hearing Officer.
4. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The Hearing Officer shall not consider any evidence other than that gathered during the investigation stage and/or received at the hearing.
5. The Hearing Officer shall make all rulings on matters relating to the conduct of the hearing, including matters regarding admission of evidence. Any evidence deemed relevant by the Hearing Officer shall be admitted. Unduly repetitious evidence shall be excluded.
6. A tape recording shall be kept of the hearing. The student charged may, at his or her own expense, request a copy of such recording. No tape recording by the student charged or other persons at the hearing shall be permitted. However, the student charged may, at his or her own expense, furnish a certified court reporter provided that the Campus shall be permitted to make copies of the transcript at its own expense.
7. The student charged shall not be found to have committed academic dishonesty solely because he or she fails to appear at the hearing. If the student charged does not appear at the hearing; it shall proceed without him or her; a decision shall be tendered based on the evidence presented.
8. Arguments by the student charged or his or her advisor concerning the legal (as distinguished from factual) applicability, or legal validity of these procedures shall not be addressed to the Hearing Officer, but to the Provost in writing within 3 working days following the conclusion of the hearing. The Provost shall seek advice on the matter from the Office of General Counsel.
9. The Hearing Officer is responsible for maintaining order, and may establish such rules as are necessary or appropriate to conducting a fair hearing. The Hearing Officer shall not permit any person to be subjected to abusive treatment. The Hearing Officer may eject or exclude anyone who refuses to be orderly.
In cases where more than one student is charged with conduct arising out of a single occurrence or out of connected multiple occurrences; and if either the A.V.P. for Graduate Studies or the A.V.P of Undergraduate Studies and the charged students consent, a single hearing may be held for all of the individuals charged. Students may request that their case be consolidated with others, or separated from others. The A.V.P. for Graduate Studies or the A.V.P. of Undergraduate Studies shall make recommendations regarding consolidation, which are subject to approval or revision by the Hearing Officer. In the event of a revision, all cases affected shall be rescheduled for hearing. The separation of one or more cases from a group of cases previously set for a consolidated hearing shall not be considered to affect the remaining cases in the group.
At any time during the hearing process, the student(s) charged may elect to waive the hearing and accept a sanction recommended by the A.V.P. for Graduate Studies or the A.V.P. of Undergraduate Studies. The waiver and acceptance of the recommended sanction shall be in writing.

8. Recommendation of the Hearing Officer

After the hearing, the Hearing Officer shall make findings of fact and conclusions about whether the facts demonstrate that the student engaged in academic dishonesty. The Hearing Officer's determination shall be made on the basis of whether it is more likely than not that the student charged committed academic honesty by a preponderance of the evidence.
The Hearing Officer shall submit a written report to the Provost that includes a determination as to whether the student committed academic dishonesty as charged and the Hearing Officer's recommended sanction, if any. The Hearing Officer's report shall be submitted to the Provost within 10 working days of the conclusion of the hearing.

9. Provost Action

After reviewing the Hearing Officer's report, the Provost shall make the final decision regarding action to be taken. The Provost may impose the sanction recommended, adopt a lesser sanction, refer the matter back to the Hearing Officer for further findings on specified issues, or after reviewing the entire record, may adopt a more severe sanction. If the Provost decides to adopt a more severe sanction, the Provost shall articulate the reasons for the more severe sanction in his or her decision. The Provost shall render a decision within 10 working days of receipt of the Hearing Officer's report.
The Provost shall ensure that his/her decision is delivered to the student charged. The notification shall be delivered in person or sent by "certified mail, return receipt requested." The report of the Hearing Officer shall be made available to the student charged upon request.

10. Appeal Procedure

The student shall have 20 working days from the date of the notice issued by the Provost to file a written appeal to the President.
Such appeals shall only be considered based on an allegation that these procedures have not been properly implemented.
The President shall, within 30 working days of an appeal, take such actions as are deemed appropriate to remedy any deficiencies in the implementation of these procedures.
The President's ruling on appeals shall be final.

11. Implementation and Posting of Action on Academic Transcript

The Provost shall be responsible for overseeing the implementation of any action/decision that results from these procedures, including the removal of a previously awarded degree or credential. The latter action will be posted on the transcript.

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