The Academic Integrity Board, Hearing Panels, and Hearing Processes

There shall be an Academic Integrity Board comprised of a minimum of twelve members of the full-time faculty (tenure track, tenured, or lecturers on continuous appointments), six undergraduate students, six graduate students, and six professional academic advisors.

• Faculty appointments shall be made by the Rules Committee and shall include at least one faculty member from each school or college.
• Student appointments shall be made by the respective governance bodies, with representation from diverse academic areas.
• Each appointment shall be for a term of three years.

Members of the Board will serve on hearing panels as described below:

Hearing Panels

A Hearing Panel will be composed of five disinterested members of the Academic Integrity Board. A ‘disinterested member’ is someone from the Academic Integrity Board who will, under normal circumstances, not encounter the student on their academic path:

• Three will be members of the faculty.
• Two will be students of the same status (i.e., graduate or undergraduate) as the student in the case.
• If the instructor bringing the charge is a graduate student, one of the instructor members on the Panel may be replaced by a graduate student who is or has been a TO on the UMass Amherst campus.
• One of the faculty members on the Panel shall serve as chair.
• One advisor may substitute for an instructor if there are insufficient instructors available.
• A hearing may proceed with fewer than five members, but only with the consent of the student and the instructor.
• For appeals which proceed during the sessions outside the regular academic year, a Hearing Panel may be composed of three members: Two faculty members one of whom will serve as chair, or one faculty member(who will serve as chair) and one academic advisor, and one student of the same graduate or undergraduate status as the student in the case.

When an instructor files formal charges and/or when a student files an appeal, the Academic Integrity Office will convene a panel to hear the appeal. The Hearing Panel will evaluate all evidence and arguments presented to it by the student and the instructor, and will inform the Academic Integrity Office of its findings within five business days of the conclusion of the hearing. No evidence in addition to that submitted to the Academic Integrity Office may be submitted at the hearing without the permission of the chair of the Hearing Panel. The Hearing Panel will keep in confidence all matters which come before it. Its members will not communicate with each other about the nature of the allegations or the appeal prior to the hearing.

Hearing Process

The Academic Integrity Office is responsible for the reasonable implementation of the following process:

1. Materials available to participants: At least four business days prior to the hearing, the student and the instructor should submit to the Academic Integrity Office copies of any materials they wish the Hearing Panel to consider, so that the Academic Integrity Office may distribute them to the other party and the Hearing Panel for review prior to the hearing. Any new materials submitted at the hearing will be accepted only at the discretion of the chair of the Hearing Panel.
2. Persons present at the hearing: In addition to the Hearing Panel, only the following persons may be present at the hearing:
   1. the student(s),
   2. the instructor(s) and/or the college point-person
   3. Academic Integrity Office staff who will serve as administrative support for the Hearing Panel.
   4. an advisor for the student and for the instructor (who may confer with and advise the student or instructor during the course of the hearing, but who may not directly address the Hearing Panel except with consent of the Hearing Panel; the advisor may not be an attorney or an employee of an attorney),
   5. witnesses (who may be present at the hearing only when they are presenting evidence)
   6. one non-participating observer for each party may be present at a hearing (who may be an attorney or an employee of an attorney)
   7. other persons, at the sole discretion of the Hearing Panel

Please note: The Hearing Panel may proceed with the hearing and make its findings even in the absence of the student(s), the instructor(s), witness(es), or advisor(s) who fail to appear. However, the Hearing Panel may not base its findings on the fact that a person has failed to appear.

3. Evidence: The Hearing Panel shall base its findings on a preponderance of the evidence. The Hearing Panel need not follow the technical rules of evidence, but evidence shall be admitted only if is the kind of evidence upon which reasonable persons would rely in the conduct of serious affairs. Such evidence might include, for example, documentary evidence such as written assignments, lecture or study notes, quizzes or examinations ,and course syllabi, as well as the testimony of witnesses. The Hearing Panel may consider evidence presented by notarized affidavit, giving it such weight as it deems proper. All evidence shall be taken in the presence of all members of the panel and the student and instructor, except where either is absent by default or has waived the right to be present.
4. Presentation of the case: The representative of the Academic Integrity Office will make a recording of the hearing. These rules of hearing [Appendix E] will be provided to the parties prior to the hearing and no later than the materials noted in Section II:G:1.

The Decision of the Hearing Panel

• The Hearing Panel will arrive at its findings by simple majority.
• Findings are final and are binding on all parties unless appealed.
• If the Panel finds in favor of the student, the instructor must compute the student’s grade as though the suspicion of academic integrity infraction had never been raised.
• If the hearing occurs after the semester in which the allegation was raised, the course grade is to be submitted within fifteen business days.
• The Hearing Panel may not impose a sanction more severe than the instructor’s intended sanction.
• Any decision by the Hearing Panel to modify the instructor’s sanction will require the unanimous agreement of the Hearing Panel and the rationale for so doing shall be explained in the Panel’s report.
• The chair will issue the written findings of the Hearing Panel, addressed to the Academic Integrity Office, within five business days of the conclusion of the hearing. The report will state the Panel’s findings, and, if it finds that the allegations against the student were substantiated, the sanction imposed. The Academic Integrity Office will send a written notification to the student, the instructor, and the appropriate administrative offices within ten business days.
• In instances where a University sanction is considered, the Hearing Panel may recommend suspension or expulsion only by agreement of 80% or more of the Hearing Panel. If such agreement is not obtained, a lesser sanction and/or a grade of “F” for the course in question will be recommended.
• If the Panel does recommend a university sanction, the final determination will be made by the Provost or designee, who will then inform the student and the Academic Integrity Office. The Academic Integrity Office will then notify the instructor and the appropriate administrative offices within ten business days.

Notification of charges and appeals of charges and sanctions Notification of charge of academic integrity infraction

The Academic Integrity Office notifies the student of the charge and the right to appeal. Upon receipt of the formal charge from the instructor, the Academic Integrity Office will issue an official notification of the charge to the student including the right to appeal, and the timelines for doing so. The Office will send this notice and a copy of the charge to the student within five business days of receiving the instructor’s formal charge of an academic integrity infraction. Should the charge proceed to a hearing, the hearing panel cannot impose a more severe sanction than that specified by the instructor.

Appeals of Charges and Sanctions

1. If the student does not appeal an instructor’s allegation or intended sanction, the sanction will be implemented. If a student does not file an appeal by the date specified in the Notification of Charge of Academic Integrity Infraction, no hearing will be held, and the Academic Integrity Office will facilitate the implementation of the sanction by notifying the instructor, the Dean of Students Office and the appropriate registrar.
2. The student may appeal the instructor’s decision and intended sanction. If the student denies the allegation of an academic integrity infraction or wishes to appeal the penalty imposed by the instructor, an appeal may be filed with the Academic Integrity Office. This appeal must be in writing and submitted to the Academic Integrity Office within ten business days of the Office’s official notification to the student. The student’s notice of appeal should describe in detail any relevant evidence and line of argument. [See Appendix D Guidelines for communication when dishonesty is suspected.] The Academic Integrity Office will notify the instructor of the student’s appeal. A course grade may not be submitted until the appeal process has been completed. In place of a grade, the instructor should email the Registrar’s office and request that an NR grade be added to the electronic grade roster.
3. A hearing of the appeal will be held within 20 business days of the notice of appeal, with the goal to schedule as soon as possible. If the notice of appeal is received by the Academic Integrity Office with fewer than fifteen business days remaining in the semester, the appeal process will begin with the opening of the following semester. The process may, however, go forward during intersession or the summer if the student so requests, the instructor can be present, and Academic Honesty Board members are available.
4. In situations where more than one student is charged related to the same incident, appeals may be heard in a joint hearing, upon request of the students and with agreement of the instructor. In a joint hearing, the panel will consider each appeal separately and may recommend different outcomes.
5. A hearing will be scheduled automatically upon recommendation of University sanction(s). An instructor may recommend to the Academic Integrity Office that a University sanction (such as a letter of reprimand, University probation, suspension or expulsion be imposed in addition to a course sanction. In this case, a hearing panel must review the matter and make a recommendation to the Provost or designee.

Administration of Sanctions

The Academic Integrity Office will notify the appropriate administrative offices of the sanction for academic integrity infractions. Where a university sanction is recommended, the Provost or designee determines the appropriate sanction, taking into account the recommendation of the Hearing Panel, and authorizes its administration (e.g., by directing the Registrar to carry out the suspension or expulsion, or directing the removal of a student from academic employment). A student may repeat a course in which he/she has received a grade sanction for academic integrity infractions. However, the grade substitution policy will not apply. The grade submitted as a course sanction will continue to be counted in the student’s cumulative grade point average. No sanction will be imposed on the student until all appeals have been concluded. All appeals should be resolved within six months of the filing of the original appeal.

Appeal Options

The Hearing Panel’s judgments are final, and may not be appealed except on the basis of a violation of the Rules of Hearing or on the basis of new evidence.

Violation of the Rules of Hearing: A violation is defined as a failure to comply with the Rules of Hearing, at the hearing, such that the failure reasonably may have affected the decision of the Hearing Panel to the harm of the student who has appealed. If either the student or the instructor believes they were denied a reasonable opportunity to present their case by the Hearing Panel during the hearing, they may appeal in writing to the Provost or designee. This appeal must be made in writing within ten business days of the release of the Panel’s decision and must describe the purported violation of due process. If the Provost or designee finds on behalf of the person making the appeal, the Provost or designee will ask the Academic Integrity Office to appoint a new panel to rehear the case. The decision of the Provost or designee will be based on their review of the official record of the hearing (official recording and exhibits). The Provost or designee will rule on the appeal within ten business days of its submission. This procedure shall be deemed to have been exhausted once the ruling of the Provost or designee has been rendered.

New Evidence: In the event that new and compelling evidence not available at the time of the hearing becomes available after the Hearing Panel has rendered its decision, the student may appeal to the Academic Integrity Office for a new hearing within 90 calendar days. The appeal shall be in writing and shall include a detailed description of the new evidence and an explanation as to why the new evidence should alter the initial decision of the Hearing Panel. The Office will respond to the request within ten business days of its submission. The decision of the Academic Honesty Office on this appeal is final.

Multiple Offenses & University Sanctions

A student who is found to have committed more than two academic integrity infractions – either through admission, non-communication, failure to appeal, or finding by a hearing panel – may be subject to additional sanctions, including, but not limited to, suspension or expulsion. “More than two acts” including any combination of academic integrity infractions, including but not limited to three or more informal resolutions and/or two informal resolutions and one formal finding of an academic integrity infraction. The Academic Integrity Office will issue a University Sanction Notification and shall convene a hearing panel to make a recommendation on this matter. At such a hearing, the Dean of Students (undergraduate students) or the Dean of the Graduate School (graduate students) (or their designees) will place the matter before the Hearing Panel. Sufficient information about the incidents of academic integrity infractions at issue shall be given to the Panel such that the Panel is able to make a reasonable determination as to the appropriateness and nature of additional sanctions, if any. The Hearing Panel will submit its findings to the Provost or designee.

Records of Allegations, Appeals, and Sanctions

• Allegations and charges of academic integrity infractions shall be kept confidential.
• No records shall be maintained by individual instructors or academic departments.
• The fact that a sanction has been imposed may not be used as the basis of any action relative to the student’s record outside of this process. Certain exceptions to confidentiality may apply if an act of dishonesty occurs in a classroom, practicum or internship where the student is explicitly bound by formal professional codes or standards. If the incident has been handled according to the Academic Integrity Policy and has resulted in an informal resolution or an uncontested or upheld formal charge,

the incident may be reported to the regulating professional organization, including Army and Air Force Reserve Officer Training Corps (ROTC).

• If a student is found to have committed an academic integrity infraction, the appropriate Registrar (graduate, undergraduate, or Continuing and Professional Education) and the Dean of Students Office shall be notified of the sanction by the Academic Honesty Office and shall maintain a confidential record of the sanction imposed.
• Records of academic integrity infractions will be maintained and disposed of according to appropriate University record retention policies. These will include sanctions administered by an instructor without an appeal from the student and sanctions administered based on a finding of a Hearing Panel.
• Informal resolutions do not establish a discipline record.
• University of Massachusetts students enrolled in a course through the Five College Interchange are subject to the standards and procedures in force on the campus where the course is taught. If the University is notified that a student was charged with an academic integrity infraction and found responsible under another campus’ policy, the charge will be recorded by the Academic Integrity Office as a formal charge and reported to the appropriate administrative offices as such.
• When a student from another campus, including but not limited to the 5 colleges, international exchange, and study abroad, enrolled in a course at the University participates in an informal resolution or is found responsible through a formal charge, the Academic Integrity Office will report this finding to the appropriate administrative office on that student’s home campus.