VIII. Associate Diploma Regulations and Procedures
Academic Misconduct
Procedures
Notes Re Procedures and Authority to Act
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Deans may delegate their authority under this policy to an appropriate designate(s). Such delegation may be full (for example, all cases are delegated to an Associate Dean), or partial (for example, authority with respect to offences related to course work may be delegated to chairs). Deans must identify the individual(s) or office(s) to whom authority has been delegated under this policy.
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For offences related to course work (including examinations):
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For undergraduate students and students enrolled in the Open Learning program taking a degree credit course, the relevant dean is the dean of the college in which the course is offered, and the dean of the college in which the student is enrolled (if different) or the Director of the Office of Open Learning, as appropriate, should receive a copy of the decision.
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For graduate students, the relevant deans are the dean of the college in which the course is offered and the Dean of Graduate Studies acting jointly. The Dean of the college in which the student is enrolled (if different) should receive a copy of the decision.
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For students enrolled in continuing education courses sponsored by an academic department, the dean of the college sponsoring the course is the relevant dean and the Director of the Office of Open Learning should receive a copy of the decision.
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For students enrolled in continuing education courses sponsored by the Office of Open Learning, the Program Development Manager functions as the chair, and the Director of the Office of Open Learning functions as the dean.
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For offences not related to courses, or for course offences involving students not enrolled in the course, for undergraduate students the dean of the college in which the student is enrolled is responsible for administering the policy. For graduate students, the policy is administered jointly by the Dean of Graduate Studies and the dean of the college in which the student is enrolled. For Open Learning/continuing education students, the Director of Open Learning functions as the dean.
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In the event that a chair has a conflict of interest in dealing with a case, the dean may appoint another faculty member to deal with the case. In the event that a dean's designate has a conflict of interest in dealing with a case, the dean may appoint an alternate designate or choose to deal with the case herself/himself. In the case of a conflict of interest on the part of a dean, the Provost will appoint a designate to deal with the case.
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Wherever in this policy it states that a student is to be contacted, the normal expectation is that such contact will be made using the student's University of Guelph e-mail account, with a copy of any correspondence being sent to the home address provided to the University by the student. For individuals who are no longer students, correspondence will be sent to the home address last provided by the individual to the University, unless the individual requests, in writing, that material be sent elsewhere or that contact be by electronic means.
Detection and Documentation
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Examinations
In cases of suspected impersonation, the chief invigilator shall require the student concerned to remain after the examination until the student is satisfactorily identified. In other cases of suspected academic misconduct, the chief invigilator shall allow the student to complete the examination, but:
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may require that the student complete the examination in another location or setting when it is deemed that such action will cause the least disruption to those taking the examination; and
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shall confiscate any suspect material (including those portions of the examination completed to that point) and give it, along with the student's other examination booklet(s) (collected at the end of the exam) to the instructor immediately following the examination.
The chief invigilator shall give a full report, together with any confiscated material, to the instructor-in-charge of the course if the instructor is not the chief invigilator. In instances of open learning courses, the material will be submitted to the Director of Open Learning. The student is required to contact the instructor no later than the end of the examination period.
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Term assignments, including research and thesis work
Where academic misconduct is suspected, the evaluator/marker shall retain possession of any suspect material and give a full report in writing together with any confiscated material to the instructor-in-charge of the course, or to the student's graduate advisor, if the instructor/advisor is not the evaluator/marker. At this stage, the student may be informed by the instructor/advisor that a suspicion of academic misconduct is being investigated.
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Cases outside the domain of examinations or assignments
Where academic misconduct is suspected, but where it is unclear whether it is directly related to a specific course, or where the specific course is unknown, those with knowledge of the offence should contact the dean of the college in which the student is enrolled, and/or the Dean of Graduate Studies in the case of a graduate student, and the Director of Open Learning in the case of an Open Learning or continuing education student. If the suspected offence appears to be related to a specific course, then the instructor of the course should be contacted.
Investigation and Judgment
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Offences Related to Course Work, Research, Thesis Work or Examinations.
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When an instructor or an advisor suspects that an academic offence has been committed, he/she is responsible for gathering evidence to support or allay the suspicion and may invite the student to meet with him/her to discuss the concerns. The instructor/advisor should pursue the gathering of evidence in a timely way. The normal expectation for assignments due within the semester is that instructors/ advisors will complete their evidence gathering within 10 working days of the due date for the assignment. For assignments submitted at the end of the semester or during the examination period, the instructor has until the tenth working day of the subsequent semester to collect evidence and determine whether to pursue a case. In a case where an instructor/advisor requires substantial additional time to collect and review the evidence, he/she may seek an extension of time from the chair.
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If after reviewing the available evidence the instructor/advisor believes an offence may have been committed, he/she shall refer the case to the chair of the department responsible for the course or graduate program. The referral document will include all evidentiary material collected by the instructor/advisor along with the transmittal form on which the instructor/advisor may include a recommendation with respect to penalty should the allegation be upheld. A copy of the first page of the transmittal form shall be sent to Undergraduate Program Services/Graduate Program Services by the chair.
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If the chair believes that there is sufficient evidence to support a charge of academic misconduct, he/she will forward the transmittal form and all evidentiary material to the dean/dean's designate, normally within 10 working days of receipt of the allegation from the instructor/advisor.
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Normally, the dean will have 20 working days from receipt of the case in which to meet the student, come to a decision and inform the student of the decision. If the dean requires a substantial extension to this time limit, she/he may seek an extension of time from the Provost. At the meeting with the dean, the student may be accompanied by a support person. The student will be informed of the allegations and be given an opportunity to respond.
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If the dean finds an offence has been committed, the dean will contact Undergraduate Program Services/Graduate Program Services as appropriate to determine whether this is a first offence.
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In determining the appropriate penalty, the dean will consult the Guidelines for Penalties for Academic Misconduct, will take into consideration the recommendation from the instructor/advisor, and consider such factors as the relative weight of the assignment, the semester level of the student, any record of previous offences, the seriousness of the offence (e.g. the amount of work plagiarized), and any mitigating circumstances presented by the student. For graduate students, attention will also be paid to whether the work in which the offence has been committed is one of the major milestones of the graduate program (e.g., qualifying examination, thesis).
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The dean's decision will be communicated to the student in writing. In the event the dean finds that an academic offence has been committed, the decision will include information with respect to penalty. In the event the dean finds that an academic offence has not been committed, the complaint will thereafter have no official status as an accusation of academic misconduct, and no record of the complaint will be maintained on the student's record. [A statistical record will b e kept by the Office of the Dean for reporting purposes.]
The dean's decision will be copied to the instructor/advisor, chair, Undergraduate Program Services/Graduate Program Services and any other relevant office(s) as appropriate.
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In a case where the dean believes suspension or a recommendation for expulsion/revocation is warranted, he/she should consult with the Provost and Vice-President Academic before making a final determination with respect to penalty.
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Should the dean decide to recommend expulsion or revocation/rescinding of a degree, a copy of the dean's written decision shall be forwarded to the Senate Committee on Student Petitions.
The student will have 15 working days from the date of notification of the dean's decision in which to submit an appeal to the Petitions Committee. If the student does not submit an appeal within 15 working days, the Senate Committee on Student Petitions will receive the dean's decision in any event and decide whether to uphold the decision.
In the case of an expulsion, the Senate Committee on Student Petitions may decide to uphold the recommendation to expel, in which case the recommendation will be forwarded to the President for final decision. Alternatively, the Senate Committee on Student Petitions may decide to impose a lesser penalty, in which case the President's assent is not required. When a recommendation is referred to the President, the President may uphold the recommendation to expel or impose a lesser penalty, which will be final.
In the case of revocation/rescinding of a degree, if the Senate Committee on Student Petitions confirms the recommendation of rescinding/revocation of a degree, the recommendation will be forwarded to the President. If the President does not confirm the recommendation of rescinding/revocation of a degree, the President may impose a lesser penalty, which will be final. If the President confirms the recommendation, the recommendation will be forwarded to Senate for final decision with respect to revocation/rescinding. If the Senate does not confirm the recommendation of revocation/rescinding, the matter will be returned to the President for a final decision with respect to a lesser penalty.
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Other Offences
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Cases involving offences that are not course-related or are not related to graduate program work are dealt with by the relevant dean (see section Notes re procedures and authority to act). Examples of such offences include, but are not limited to falsification of credentials for admission purposes, damaging of library materials, abetting the cheating of another in a course in which the abettor is not enrolled, and obstructing or interfering with the academic activities of others.
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The dean will proceed as outlined in paragraphs 1(d-i), above.
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