ACADEMIC POLICIES & REGULATIONS
STUDENT ACADEMIC APPEALS PROCEDURE
(Revised by Academic Cabinet and accepted by Faculty Assembly Executive Committee, Spring 1997; revised August, 2000, reviewed by Faculty Senate August 30, 2000, approved by President's Executive Council, 10/19/00)
PURPOSE
The purpose of this process is to provide a means to resolve conflicts when students believe they have been treated improperly in a matter related to instruction, evaluation, or other academic policy or practice.
Misunderstandings or disagreements can often be settled informally. To this end, students are encouraged to attempt to resolve the issue directly with the member of the faculty, staff, or administration involved as soon as possible.
The appeals process described below is available in the event that an informal approach is unsuccessful.
EXCLUSIONS
This policy does not cover claims of ADA or Honor Code violations, charges of sexual harassment, or an allegation that a student’s record is inaccurate or otherwise violates privacy rights. Any matters concerning ADA must be filed through the ADA officer. See the Student Handbook for information on the Honor Code. The Student Handbook and the Faculty Handbook contain information about SU’s sexual harassment policy. Information concerning correction of academic records believed to be inaccurate, misleading, or in violation of privacy rights are covered in the Privacy of Student Records section of the Student Handbook.
GUIDELINES
Charges of procedural violations, or claims of illegal, unethical, or discriminatory practice must be supported by verifiable evidence. An appeal must state the incident alleged to be improper, and what remedial action is requested.
APPEALS OF ACADEMIC EVALUATION
Changing grades or otherwise modifying or reversing evaluative decisions of the faculty will be done at the level of the Vice President for Academic Affairs or President only in unusual circumstances. Evaluation of academic progress is rightly a matter of primary responsibility for the faculty member(s) involved and, at times and in certain programs, their colleagues. Any request to change a grade or other evaluation academic progress must be supported by evidence that the decision failed to follow proper procedure, or was illegal, unethical, or discriminatory.
TIMELY RESPONSE
It is in the interest of all concerned that conflicts involving academic issues be resolved quickly and as close to the source of conflict as possible. It is expected that each person involved in the process will expedite the process, normally within ten class days. This is intended to provide sufficient time for thoughtful consideration of all pertinent information. However, this time frame can be extended by mutual agreement between the student and the member of the faculty, staff, or administration involved. (At each step cited below, if the person to whom the complaint is made is not available, he/she may designate another appropriate person to act in his/her stead.)
FORMAL ACADEMIC APPEALS PROCEDURE
[At each step in this process, the student may request to meet directly with the person hearing the appeal. The person hearing the appeal may meet with the student or seek the counsel of faculty members or others who may have pertinent information.]
1. In the event the concerns cannot be resolved informally, the student may appeal to that person’s school dean or program director.
2. If the matter comes up at the end of a semester, and it is not reasonable to contact the party(ies) involved at that time, the appeal must be presented no later than the end of the Drop/Add period of the following semester.
3. If the dean or director is unable to offer a satisfactory resolution, the student may appeal to the Vice President for Academic Programs. The dean/director will advise the student of the right to appeal and will submit his/her own recommendation to the VPAP. The appeal to the VPAP must be in writing and must be accompanied by any evidence the student has to support his/her claim.
4. If the VPAP is unable to offer a satisfactory resolution, the student may appeal to the President of the University. The appeal to the President must be in writing and must be accompanied by any evidence the student has to support his/her claim. The VPAP will advise the student of the right to appeal and will submit his/her own recommendation to the President.
The decision of the President is final.
ACCOMMODATIONS FOR PERSONS WITH DISABILITIES
Shenandoah University recognizes the mandates of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 by adopting this policy which directly reflects the requirements of these acts. It is the policy of Shenandoah University that no otherwise qualified individual is denied reasonable and appropriate access to or participation in any program or activity of the university because of a disability.
Pursuant to this policy, the university employs a Coordinator of Disabilities Services as a resource for students, faculty and staff. Individuals who believe they have a disability covered under either of the acts named above may document the disability and request assistance from the Coordinator. Faculty and staff charged with assisting those with disabilities may utilize the services of the Coordinator as a source of expertise and assistance.
GRIEVANCE PROCEDURE
Step One
In the event that specific complaints arise regarding the university's compliance with the Americans with Disabilities Act of 1990, the Coordinator of Disabilities Services will, at the request of students, faculty or staff, review the procedures implemented and seek to resolve the matter informally. To the extent that the complaint(s) cannot be resolved informally, the following procedures shall be employed in order to address the grievance formally.
Step Two
2. The appropriate administrator shall meet with the student within 5 class days of the receipt of the grievance to gather data and attempt resolution.
3. If this meeting does not resolve the grievance, the appropriate administrator shall conduct an informal investigation of the grievance. In cases where the grievance is about the conduct or requirements of a course or an academic program, the appropriate administrator shall consult with the faculty member responsible for the affected course or academic program, and meet with and seek advice from the Advisory Committee on Disability Issues, consisting of at least one faculty representative from each school and one student. One of the faculty participants must be from the school responsible for the course or academic program from which the grievance originated.
4. The appropriate administrator shall furnish a written response to the grievance no later than 15 class days of the meeting with the student. The written response shall be mailed to the student by certified mail, return receipt requested.
Step Three
Step Four
1. If the Vice President for Academic Affairs or designate is unable to offer a satisfactory resolution, the student may appeal to the President of the university, whose decision is final.
Recognizing that there are times when certain students are unable to complete all degree requirements in time for a scheduled commencement ceremony, students may participate in a commencement ceremony at any time after degree requirements have been met or when they are expected to be fulfilled prior to the next scheduled commencement ceremony.
In fulfillment of this policy, the following guidelines apply
1. Commencement ceremonies will be scheduled two times a year: early in the fall before the beginning of fall semester and at the end of the spring semester.
2. Students who complete their degree requirements in December may participate in the commencement ceremony in May.
3. Students who have not finished all requirements in the spring semester, but who are expected to complete their requirements prior to the beginning of the following fall semester may participate in the May commencement ceremony when the Dean of the School has given special permission.
4. Only students who have fulfilled all degree requirements prior to the scheduled ceremony will receive diplomas. Names listed in the program will indicate student status as "candidates" for degrees; all graduates since the previous May ceremony will be included.
5. Honors
· Only students who have fulfilled all degree requirements after the ceremony will be eligible for class honors. Those who complete requirements after the ceremony will be considered for class honors the following May.
· The year in which other honors are awarded will be the decision of the individual school.
Classes conducted in a manner that provides academic freedom of expression for the student, but instructors need not tolerate physical or other disturbances that disrupt teaching sessions. For justifiable cause, the instructor may dismiss a student from class for a definite or indefinite period of time. Such action is reported to the school dean/director and the Vice President for Academic Affairs. The student dismissed from class on disciplinary grounds on disciplinary grounds may appeal to the Vice President for Academic Affairs for review of the incident for the purpose of possible readmission to class.
Shenandoah University Academic Honor Code
Background
Shenandoah University’s mission statement is to educate and inspire individuals to be thinkers, lifelong learners, and ethical, compassionate citizens. To fulfill the University’s mission, it is important to uphold the principles of academic integrity on campus. All students enrolled in courses at Shenandoah University must be held to the rigorous standards of academic honesty to ensure the attainment of knowledge necessary to become ethical and compassionate citizens who can make responsible contributions to their community and career. The guidelines for academic integrity are outlined in the following Honor Code. The goal of the Honor Code is to promote individual and community responsibility, trust, academic integrity, and honorable conduct.
Article I. Honor Code
The Honor Code is the system of conduct of the University which reflects the core principles and values that the University has established regarding individual responsibility and matters involving honorable conduct and academic integrity. The concept of honor may be defined in a variety of ways; however, at this University, the code prohibits lying, stealing, and cheating.
Article II. Responsibilities of Individuals
Undergraduate and graduate students, faculty and staff are responsible for upholding the Honor Code, being aware of the University's Honor Code procedures, and reporting any violations of the Honor Code, in accordance with Article VIII, within five (5) business days of discovery of an alleged offense. Ignorance is not an acceptable defense for failing to follow the Honor Code.
Article III. Responsibilities of the University
Section 1. Education
It is the responsibility of the Office of Student Affairs and faculty to educate undergraduate and graduate students about the Honor Code and its position in the academic environment at the University; it is the responsibility of the Dean or Director, or their designee, to educate their respective faculty and staff of the Honor Code, its position in the academic environment, and the procedures in handling an Honor Code violation. To help accomplish this, the Honor Code is printed in the Student Handbook, undergraduate and graduate catalogues, and the Faculty Handbook. Within two (2) weeks of the beginning of the semester, new students to the University will sign a form verifying that they have read and agree to abide by the Honor Code; their signature will allow for their attendance within Shenandoah University.
Section 2. Ongoing Education
A. During official orientation periods the Office of Student Affairs and faculty will meet with new students to explain the principles and procedures of the Honor Code. The Student Government Association, the administration, faculty, and staff of the University are also jointly responsible for further education.
B. The Executive Board of the Student Government Association is responsible for having two (2) copies of the Honor Code on reserve in the library and copies available upon request for students and other members of the University community, including parents.
Section 3. Revisions
All non-editorial revisions to this Honor Code shall be approved by a majority of a joint meeting of the SGA Executive Board, the Honor Court, and the Faculty Senate Executive Committee, whereupon the President's Executive Council will decide whether such changes will be accepted and recommended to the Board of Trustees for their final action. All procedural issues shall be approved by the President except that any such issue contested by students or faculty shall be voted upon by the President's Executive Council.
Article IV. Violations
Section 1. Cheating
Cheating is the selling, giving, receiving, or attempted submission of unauthorized assistance or advantage in academic work, or any attempt thereof. Examples of cheating include, but are not limited to: unauthorized talking, signs, text messages, gestures from another student during assessments, quizzes, or examinations; the unauthorized use of past quizzes, examinations, papers, study aids, notes, books, data, or other information; looking at another student’s assignment, quiz or examination. An assignment is any academic work, required or voluntary, submitted to an instructor for review or academic credit or any work, required or voluntary, submitted for use in a University-sponsored or other publication or in conjunction with a University-sponsored event or activity.
Section 2. Plagiarism
Plagiarism is the willful presentation, oral or written, or copying of the language, structure, ideas, facts, data, or thoughts of another person without proper acknowledgment, or submitting purchased work, or misrepresenting another's work as one's own. Examples of plagiarism include, but are not limited to: copying a passage straight from an article, website, or book into a paper without quoting or explicitly citing the source, rewording someone else’s work and using it as one’s own work, or submitting an assignment that has previously been submitted at this University or at another institution for academic credit in a current course.
Section 3. Falsification
Falsification is the willful and knowing representation of an untruth, uttered or presented verbally, electronically, or in writing, as well as any form of deceit or fraud in an oral or written statement relating to academic or clinical work. Examples of falsification include, but are not limited to: lying to administration or faculty members regarding academic work; falsification of patient record, physician order, or patient billing; misrepresenting a reference; falsifying of data or a citation; tampering with any University paper or electronic record by mutilation, addition, deletion or forgery; registration irregularity including violation of registration procedure designed to gain an advantage over other students; falsification of attendance records; false reason for being absent or late for quizzes, examinations, or written or clinical assignment; taking a quiz or examination or completing an assignment in the place of another student; obstructing an investigation or hearing due to falsification; or lying to the Honor Court during investigations and hearings.
Section 4. Tampering with records
Tampering with records is the alteration or unauthorized possession of University records or any attempt thereof. University records include, but are not limited to: grade reports, transcripts, computerized records, examinations, papers, registration or attendance reports.
Section 5. Forgery
Forgery is the imitating or counterfeiting of any academic or clinical document, signature, or authorization.
Section 6. Withholding information
Withholding information is the failure to inform Academic Integrity Officers, the Honor Court or faculty members of any and all information concerning Honor Code violations.
Section 7. Breach of confidence
As Honor Court proceedings are confidential, any inappropriate disclosure of information pertaining to Honor Court proceedings is considered to be a breach of confidence.
Section 8. Academic theft
Academic theft is the unauthorized removal or mutilation of academic material, which may deprive or prevent others from having equal learning opportunities. Such materials include, but are not limited to: print, film, tape, scores, recordings, classroom or lab supplies, and electronic databases.
Article V. Honor Code Sanctions
Section 1. Sanctions
If the accused is found guilty of an Honor Code violation, the Academic Integrity Officers, in consultation with the faculty accuser, or the Honor Court may assign any of the following sanctions or a combination thereof:
A. Loss of Academic Credit – recommendation of any grade including, but not limited to, no academic credit on the assignment, quiz, examination or other type of assessment, in the course in which the violation relates, or in the course, or all courses in which the student is enrolled at the time of the violation.
B. Suspension from the Course or University – suspension from the course and/or University may take effect either during the semester in which the offense occurred or the following semester, excluding summer terms, as determined by the Academic Integrity Officers or Honor Court. It may also be recommended that the student receive failing grades in any or all of the courses in which the student was enrolled at the time of violation. The Academic Integrity Officers or Honor Court will specify the time period for which the suspension will be in effect.
C. Dismissal from the University – permanent dismissal of a student from the University.
D. The Academic Integrity Officers or Honor Court may elect to choose a part of a sanction, to substitute another sanction, or to assign multiple parts of the sanctions that they feel are more appropriate to the offense.
E. In addition to the primary sanctions, any of the following sanctions may be imposed:
1. Temporary or permanent loss of facility or campus privileges, visitation, housing or parking
2. Restitution and fines, as applicable
3. Revocation of awarded certificate or degree
F. All students convicted of an Honor Code violation will be subject to the following:
1. A written letter of reprimand will be placed in his/her permanent record that censures the Honor Code violation in writing. In addition, Honor Code convictions will be noted on the student's transcript. If a student is dismissed from a course an XI will be noted on his/her transcript. If a grade of F is given to a student from a professor due to an Honor Code violation an XF will be noted on the transcript. These notations will remain on the student's transcript until two (2) years from departure from the University, at which time it will be expunged.
2. The student will be placed on honor probation for the remainder of their education at the University. An additional Honor Code violation while on honor probation will result in suspension or dismissal from the University.
G. Previous Honor Code violations shall not be considered during an Honor Code investigation, but will be considered for determination of sanctions for another Honor Code violation.
Section 2. Criteria for Sanction Determination
The Academic Integrity Officers or Honor Court will consider the following criteria in determining if and how the sanctions are to be applied:
A. Whether a violation of the Honor Code has occurred.
B. Whether the violation was committed purposely, willingly and with the knowledge of the accused.
C. Whether the student is on honor probation, or has a prior Honor Code violation.
Article VI. Rights of the Accused
Section 1. Rights
An undergraduate or graduate student accused of an Honor Code violation has the following rights:
A. To be considered innocent until proven guilty.
B. To be represented by an advocate from the University, an employee or student, who is not a lawyer.
C. To seek guidance from his/ her advocate and expect all such conversations to be kept in confidence.
D. To speak on his/her own behalf or to refuse to do so.
E. To receive written notification of all Honor Code violations alleged against him or her, and receive a copy of all evidence pertaining to the alleged Honor Code violation, at least one (1) business day before the Academic Integrity meeting and two (2) business days before the Honor Court proceedings.
F. Not to be convicted for one offense while being tried for another. A second charge requires a new and separate hearing.
G. To request that the Academic Integrity Officers or Honor Court call forward any persons with information pertinent to the case.
H. To call into question the impartiality of any of the Academic Integrity Officers or Honor Court officials no later than one (1) business day before the Academic Integrity meeting or Honor Court proceedings. Failure to do so waives that right, except if proven that the information was found afterwards.
I. To be present and receive written notification of the Academic Integrity meeting or Honor Court's decision.
J. To decide who is present when a decision of the Academic Integrity meeting or Honor Court is handed down.
K. To face his/her faculty accuser and witnesses when the case is brought before the Academic Integrity Officers or Honor Court.
L. To appeal decisions of the Honor Court, if criteria for appeal are met, within two (2) business days after a decision is rendered.
Section 2. End of Semester and Graduation Policy
End of Semester: if a student is accused of an Honor Code violation for which a decision has not yet been rendered, the faculty or course coordinator will assign the grade of Incomplete (‘I’) for the course. The grade will be reassigned once a decision is rendered on the Honor Code violation.
Graduation: if a student has met all other graduation requirements, but has been accused of an Honor Code violation for which a decision has not yet been rendered, he/she has the right to participate in the graduation ceremony. The student will not be granted a degree or receive a diploma until such time as he/she is exonerated by the Academic Integrity Officers or Honor Court.
Section 3. Violation of the rights of the accused
If the accused student feels that his/her rights have been violated, he/she should file a written appeal to the Academic Integrity Officers or Presiding Officer of the Honor Court within 48 hours of the Academic Integrity meeting or Honor Court proceedings, respectively. Any violation will be reviewed; any violation of the accused student’s rights that may have influenced the findings of the Academic Integrity Officers or Honor Court will result in a mistrial.
Section 4. Presence at any hearings involving alleged violation
A student accused of an Honor Code violation has the responsibility to be present at the Academic Integrity meeting and Honor Court proceedings investigating the violation of the Honor Code. If a student fails to accept notification of the Honor Code charge(s) or fails to be present at the Academic Integrity meeting or Honor Court session, a verdict of guilty will be rendered and sanctions will be determined based on the available evidence.
Section 5. Summer Sessions
Students whose alleged offense occurs during the period between spring commencement and the first day of the fall semester classes and the violation cannot be resolved with their program’s Academic Integrity Officers, will be required to have their case heard by the Honor Court as soon as the Honor Court convenes for the fall semester.
Article VII. Rights and Obligations of the Accuser
Section 1. Rights and Responsibilities of the Student Accuser
A student bringing charges of an Honor Code violation shall have the following rights:
A. To have any report of a violation confirmed by the instructor/coordinator of the course, if applicable, and the Academic Integrity Officers.
B. To have his/her name kept confidential from any persons not involved in the Honor Code process.
C. To be represented by an advocate from the University, an employee or student, who is not a lawyer.
A student bringing charges of an Honor Code violation shall have the following responsibilities:
A. To follow and obey all policies and procedures of the Honor Code.
B. To cooperate with all investigations and proceedings related to the Honor Code violation.
C. To give honest and accurate testimony to Academic Integrity Officers and Honor Court investigators, if needed.
D. To report any threats, harassment, retaliation, or intimidation to the Academic Integrity Officers or Presiding Officer of the Honor Court.
E. To keep confidential all matters pertaining to the case.
Section 2. Rights and Responsibilities of the Faculty Accuser
A faculty member bringing charges of an Honor Code violation, either as the accuser or the instructor/coordinator of the course in which the violation occurred, shall have the following rights:
A. To have any report of a violation confirmed by the Academic Integrity Officers.
B. To be represented by an advocate from the University, who is not a lawyer.
C. To receive a copy of all evidence pertaining to the alleged Honor Code violation one (1) business day prior to the Academic Integrity meeting and two (2) business days before the Honor Court proceedings.
D. To be present at the Academic Integrity meeting and Honor Court proceedings as a silent observer, except during deliberations of the charge(s).
E. To be present or receive notification of the outcome of the proceedings, including sanctions if applicable, of an alleged Honor Code violation within two (2) business days after a verdict is rendered.
F. To assign a grade of Incomplete (‘I’), if applicable, to an accused student until a decision is rendered on the Honor Code violation.
A faculty member bringing charges of an Honor Code violation, either as the accuser or the instructor/coordinator of the course in which the violation occurred, shall have the following responsibilities:
A. To follow and obey all policies and procedures of the Honor Code.
B. To cooperate with all investigations and proceedings related to the Honor Code violation.
C. To appear and testify at the Academic Integrity meeting and Honor Court proceedings, if needed, when summoned.
D. To report any threats, harassment, retaliation, or intimidation to the Academic Integrity Officers or Presiding Officer of the Honor Court.
E. To keep confidential all matters pertaining to the case.
Article VIII. Honor Code Violation Notification Procedures
Section 1. Student accuser
A student suspecting another student of an Honor Code violation should voice their suspicions to the instructor/coordinator of the course, if the concern is related to a specific course, or to one of the Academic Integrity Officers, if the concern applies to more than one course or to the program of study. A student has five (5) business days to notify the instructor/coordinator of the course or an Academic Integrity Officer of the violation.
Section 2. Faculty accuser
The faculty accuser is either a faculty member or Academic Integrity Officer who has knowledge of an alleged violation of the Honor Code or is making an accusation on behalf of a student accuser. An Academic Integrity Officer who is serving as the faculty accuser will not participate in the Academic Integrity Meeting as an officer to determination of the merit of violation and sanctions, if applicable; the alternate Academic Integrity Officer will take part.
The faculty accuser will discuss the violation and evidence with the Academic Integrity Officers prior to a meeting with the accused student. The faculty accuser and Academic Integrity Officers will decide upon a date and time of the Academic Integrity Meeting that should not interfere with the accused student’s course meetings.
Following the meeting between the faculty accuser and Academic Integrity Officers, the faculty accuser will conduct a private meeting with the accused student and present full evidence of the alleged violation. A faculty who suspects a violation of the Honor Code has five (5) business days to notify the student. The accused student will be given adequate opportunity to respond to the accusation and evidence. The student will be informed of their rights and process of the Honor Code, will be asked to affix their signature to the Notice of Honor Code Violation form (form #1) acknowledging the facts pertaining to the alleged violation and meeting, and will be provided with the date, time and place of the Academic Integrity Meeting (form #2). The Notice of Honor Code Violation form (form #1) and evidence will be forwarded to the Academic Integrity Officers following the meeting.
Article IX. Academic Integrity Meeting
A. At the private meeting between the faculty accuser and the accused student, the student will be given written notification of the date, time and place of the Academic Integrity meeting and told that ignorance of the Honor Code is not a legitimate defense (form #2). The written notification will explain that failure to be present at the Academic Integrity Meeting will result in the alleged violation moving forward with a verdict and sanctions, if applicable, being rendered based on existing evidence. The Academic Integrity meeting should take place within ten (10) business days of the student’s notification of the Honor Code violation. The faculty accuser will complete the Honor Code Violation form (form #1) and give a signed copy of the form with all available evidence to the accused student. The accused student will be given the names of the Academic Integrity Officers and told to contact those individuals with any questions or information pertaining to the meeting.
B. The faculty accuser will forward the Honor Code Violation Form (form #1) and evidence to the Academic Integrity Officers within one (1) business day. If the student accuser presented their concerns to an Academic Integrity Officer, that officer will recuse themselves from directly determining guilt and sanctions, and the alternate Academic Integrity Officer will be utilized. The recused Academic Integrity Officer will participate in the Academic Integrity meeting in the role of the faculty accuser.
C. Prior to the meeting, the Academic Integrity Officers will investigate the merit of the violation, gather any pertinent information, obtain testimony from the student accuser, if applicable, and consider possible sanctions in consultation with the faculty accuser. Academic Integrity Officers will consider any requests by the accused student for individuals to testify on their behalf if notified no later than two (2) business days prior to the scheduled meeting. At least one (1) business day prior to the meeting, a written copy of the alleged Honor Code violation and all evidence pertaining to the alleged Honor Code violation will be available to the student, in the manner outlined by the Academic Integrity Officers.
D. Within ten (10) business days of receiving the notice of the Honor Code violation, a meeting with the Academic Integrity Officers, faculty accuser, and the accused student will be conducted. The meeting will consist of the School, Program or Division’s two Academic Integrity Officers, the accused student and their advocate, and the faculty accuser. Persons with information pertinent to the violation may be asked to testify as determined by the Academic Integrity Officers; testimony from the student accuser will be taken prior to the meeting to maintain his or her anonymity to the accused. If the accused student fails to be present at the meeting, a verdict and sanctions, if applicable, will be rendered based on available evidence.
E. At the meeting, the Academic Integrity Officers will review the student’s rights and present the alleged violation(s) and evidence, as well as the possible sanctions. The accused student will be asked to submit a plea, guilty or not guilty, and have the opportunity to respond to the alleged charge(s) and evidence. The Academic Integrity Officers will hear all of the evidence and will determine if a violation of the Honor Code occurred in private deliberations. The student will be recalled to hear the decision in person in a time frame as determined by the Academic Integrity Officers and within one (1) business day.
F. If the Academic Integrity Officers feel that an Honor Code violation did not occur or the evidence is not sufficient to support the alleged violation of the Honor Code, the allegations against the student will be dismissed regardless of the submitted plea.
G. If the Academic Integrity Officers find evidence supporting a violation of the Honor Code occurred, the student will be notified of the decision and the sanctions, as determined and described in Article V., Sections 1 and 2. Students will have an opportunity to respond to the sanctions. The accused student will need to inform the Academic Integrity Officers within two (2) business days of their acceptance or non acceptance of the decision and sanctions.
If the student pled:
1. Guilty and accepts the prescribed sanctions: the appropriate individuals will be notified of the sanctions and any stipulations as to how they are to be implemented, and a letter will be placed in the student’s record and the student will be placed on honor probation, if a first violation of the Honor Code, as described in Article V., Section 1, part F.
2. Not Guilty, but accepts the Academic Integrity Officers decision and sanctions: the appropriate individuals will be notified of the sanctions and any stipulations as to how they are to be implemented, and a letter will be placed in the student’s record and the student will be placed on honor probation, if a first violation of the Honor Code, as described in Article V., Section 1, part F.
3. Not Guilty and does not accept the prescribed sanctions: the student will be informed that the Honor Code violation will be reviewed by the Shenandoah University Honor Court. The rights of the accused student will be reviewed, as well as the process of the Honor Court proceedings.
4. Guilty, but does not accept the prescribed sanctions: the student will be informed that the Honor Code violation will be reviewed by the Shenandoah University Honor Court. The rights of the accused student will be reviewed, as well as the process of the Honor Court proceedings.
H. The Academic Integrity Officers will submit the Meeting Outcome form (form #3) to the Office of Academic Affairs within two (2) business days of notification of the student’s acceptance or non-acceptance of the decision and sanctions of the Academic Integrity Officers. Included with this form should be: who attended the meeting, a summation of the charges, evidence, and events of the meeting (including a timeline), as well as the accused student’s plea and sanctions, if applicable. If the alleged violation is to be considered by the Honor Court, the Office of Academic Affairs will determine the Presiding Officer and the composition of the Honor Court within one (1) business day of receiving notification from the Academic Integrity Officers.
I. If the Honor Code violation has been resolved, the Academic Integrity Officers will complete the Outcome of Honor Code Violation Proceedings form (form #4) and submit to the Office of Academic Affairs within two (2) business days after the Academic Integrity proceedings have concluded (after the student’s acceptance or non-acceptance of the decision and sanctions, if applicable). This form should not be submitted if the alleged violation has been forwarded to the Honor Court. Information to be included on the form includes the type of violation, outcome, and sanctions, if applicable; as well as, the School, Program or Division of the student and the status of the student (undergraduate or graduate level, and year at Shenandoah University). No other student information or other identifiable information should be forwarded.
Article X. Honor Court Procedures
Section 1. Preliminary Phase
A. Initiation of the Honor Court Process
When the Office of Academic Affairs receives the Academic Integrity Meeting
Outcome and an Honor Court needs to be convened, a Presiding Officer and the
student and faculty members of the Honor Court (including student investigators)
will be chosen randomly from pre-selected undergraduate or graduate faculty and
students by the Office of Academic Affairs within one (1) business day. The
Presiding Officer will be chosen randomly from three (3) undergraduate or three
(3) graduate faculty depending on the course of study of the accused student.
All information on the alleged violation of the Honor Code and the chosen
faculty and students for the Honor Court will be forwarded to the Presiding
Officer within one (1) business day of being chosen. The Presiding Officer
will notify selected individuals of the need for convening the Honor Court.
B. Composition of the Honor Court
The Honor Court will be composed of the Presiding Officer, two (2) undergraduate or graduate faculty, and three (3) undergraduate or graduate students. In addition, two (2) undergraduate or graduate student investigators will be randomly selected to review the existing evidence and investigate the alleged violation(s) from the pre-selected students, in consultation with the Presiding Officer. Undergraduate accused students will have violations evaluated by Honor Court members from the undergraduate community; graduate accused students will have violations evaluated by Honor Court members from the graduate community. Individuals chosen for the Honor Court must excuse themselves from hearing a particular case if they feel that they cannot in good conscience act impartially.
C. Confirmation and Notification
The Presiding Officer will contact the accused student for notification of receipt of the information on the allegation(s) within one (1) business day of its receipt. In addition, the student accused of violating the Honor Code will be notified by first class, registered mail, postmarked within one (1) business day. The notification letter is to include:
1. The date the alleged violation occurred, possible sanctions, an explanation of the accused student’s rights, and the right to have an advocate from within the University.
2. The date, time, and place of the Honor Code proceedings (at least 16-18 business days from day letter sent).
3. Information as to when the accused student can receive a copy of the alleged violation and evidence pertaining to the allegation.
4. A statement that ignorance of the Honor Code is not a legitimate defense.
5. An explanation that the Honor Court will begin an inquiry phase consisting of an investigation and a contesting of the facts.
If the accused refuses the notification letter, a verdict of guilty will be rendered and sanctions will be determined based on the available evidence at the Honor Court proceedings.
Section 2. Inquiry Phase
A. Investigation
1. The Presiding Officer will meet with the student investigators regarding the charges and existing evidence within two (2) business days of receipt of the Honor Code violation. The Presiding Officer will advise the student investigators in their responsibility and review the appropriate procedures for investigating the alleged violation. The student investigators will review existing evidence and gather any additional evidence from the accused student, the faculty accuser, the student accuser (if applicable), and any other pertinent individuals within ten (10) business days. If possible, interviews and evidence should be obtained in the presence of both investigators; if circumstances prohibit both investigators from being present, the interview or discussion should be audio-recorded.
2. The Presiding Officer will insure that all information is obtained by the investigators within ethical bounds. In consultation with the Presiding Officer, the student investigators will compile a summation of the evidence and determine the individuals who may be called for testimony during Honor Court proceedings based on their findings. This information will be available to the Presiding Officer by the end of the ten (10) business day inquiry period. The Presiding Officer will assure that the accused student and faculty accuser receive a copy of the evidence and individuals who may be called for testimony within two (2) business days of the Honor Court proceedings. The accused student and faculty accuser will be reminded of the confidentiality of the Honor Court process.
3. When the inquiry phase is concluded, no new evidence may be considered. The student investigators will present the information to the Honor Court in closed proceedings and may call forward any person with pertinent testimony.
B. Honor Court
1. The Honor Court is composed of six (6) individuals: the Presiding Officer, two (2) undergraduate or graduate faculty, and three (3) undergraduate or graduate students; the Presiding Officer is not a voting member. Investigators will be present during the Honor Court proceedings, but will not be part of deliberations. Witnesses will be called for testimony only and will not remain present for all of the proceedings. The faculty accuser may be a silent observer during the Honor Court proceedings; the faculty accuser may not be present during Honor Court deliberations. The accused student may have an advocate from the University present that is not a lawyer.
2. In closed proceedings, the Honor Court will hear all relevant testimony and evidence pertaining to the case, and will consider all of the available evidence in determining the facts, and outcome of the case. Each Honor Court member will be given a copy of the evidence at the onset of the proceedings. The Presiding Officer will first call the proceedings to order. At this time, an audio tape record of the Honor Court session will begin. The Presiding Officer will officiate over the court, and will explain the rights of the accused student, the possible sanctions if found in violation of the Honor Code, and then reconfirm the plea that has been entered by the accused.
3. If the plea has not changed, the faculty accuser will first present his/her charge(s) against the accused student. Next, the accused student will have the opportunity to respond to the charge(s) and evidence. The investigators will present all evidence and testimony before the court. No new evidence may be introduced during the proceedings by the investigators or the accused student, without the unanimous approval of the Honor Court.
4. The Honor Court members may ask questions of each witness. In addition, the accused or advocate will have the right to cross examine all witnesses as they are called by the investigators, and will retain the right to recall any witnesses.
5. The accused or advocate will then present his/her defense. The accused or advocate may call witness(es), as identified by the investigators during the inquiry phase, that he/she feels will support his/her defense. The accused or advocate may also call into question any evidence introduced in the case. After the accused or advocate has presented his/her side, the accused or advocate will rest his/her case.
6. The Honor Court members may ask questions of each witness, and the Investigators will have the right to cross examine any witness(es) introduced by the accused or his/her advocate and will be allowed a rebuttal. No new evidence may be introduced during the rebuttal phase, although responses to arguments put forth in the case by the accused or advocate are allowed.
7. The Presiding Officer will ask for summation, which will be offered by the investigators and followed by the accused or advocate.
8. After all statements are made, the Honor Court will dismiss the investigators, the faculty accuser, and the accused student and their advocate/counsel and will retire to deliberate and render a decision. The deliberation is to be held in secret with only members of that Honor Court present. The Presiding Officer is a non-voting member of the Honor Court.
9. The Honor Court will consider all the facts before it and will render a decision as to whether or not an Honor Code violation has occurred based on a preponderance of the evidence. A majority of the Honor Court must agree for a decision to be reached.
10. If the Honor Court finds the accused Not Guilty, the Honor Court will recall the accused to appear before the Honor Court to hear the decision. The accused may waive the right to hear the decision in person, and may elect to be notified by registered US mail. If the accused does not have any objections, the faculty accuser may be present for the decision; if they are not present, the Presiding Officer will inform the faculty accuser of the outcome of the case within two (2) business days. In situations when the accused is exonerated, a written record of the Honor Court process pertaining to that case will be kept in the Office of Academic Affairs. No record of the alleged violation will be placed in the student’s permanent record. The accused student will be asked to sign the Meeting Outcome form (form #3) at the conclusion of the proceedings.
11. If the Honor Court reaches a verdict of Guilty, the Honor Court will recall the accused to hear the decision. The accused will be informed of the Honor Court decision and will be asked to present any information to the Court which may be considered when determining sanction(s). If the accused does not have any objections, the faculty accuser may be present for the decision; if they are not present, the Presiding Officer will inform the faculty accuser of the outcome of the case within two (2) business days. The Honor Court will then briefly retire to determine the sanction appropriate to the Honor Code violation(s); sanctions should be determined as described in Article V., Sections 1 and 2.
12. The Honor Court will then reconvene and announce the sanctions against the accused. The accused will be informed of his/her right to appeal the decision of the Honor Court if a violation in procedure or of the accused student’s rights occurred. In addition to the sanctions, a letter will be placed in the student’s record and the student will be placed on honor probation, if a first Honor Code violation, as described in Article V., Section 1, part F. The accused student will be asked to sign the Meeting Outcome form (form #3) at the conclusion of the proceedings.
13. The case will be considered closed unless the accused appeals the decision of the Honor Court. All records pertaining to the case will be sealed for a period of two (2) years after departure from the University.
14. Audio-taped recordings will be kept in the Office of Academic Affairs for a period of two (2) years after the student’s departure from the University, if the student is found guilty of the violation(s).
15. If the Honor Code violation has been resolved, the Presiding Officer will complete the Outcome of Honor Code Violation Proceedings form (form #4) and submit to the Office of Academic Affairs within two (2) business days after the Honor Court proceedings have concluded (after the decision and sanctions, if applicable). This form should not be submitted if the alleged violation is being appealed to the President of Shenandoah University. Information to be included on the form includes the type of violation, outcome, and sanctions, if applicable; as well as, the School, Program or Division of the student and the status of the student (undergraduate or graduate level, and year at Shenandoah University). No other student information or other identifiable information should be forwarded.
Section 3. Final Appeal
A. The President of Shenandoah University is the final appeal for any honor code violation. The President may refuse to hear any case if there is evidence that the appeal is frivolous. If the President feels the case does not warrant a further appeal, he/she may declare the case closed.
B. The President will only consider appeals to the Honor Court decision if the basis for appeal is based on a violation in procedure or of the accused student’s rights.
C. Appeals must be made to the President of the University within two (2) business days after the decision of the Honor Court is reached. The accused thereafter surrenders his/her right to appeal. The President shall be provided with all records pertaining to the case.
D. Based on the case of Appeal, the President may reject the finding of the Honor Court or may alter sanctions.
E. Sanctions of the Honor Court may not take effect from the time the accused formally requests an appeal until the time that the President declares the case closed.
F. If the Honor Code violation has been resolved; the President will complete the Outcome of Honor Code Violation Proceedings form (form #4) and submit to the Office of Academic Affairs within two (2) business days after the proceedings have concluded. Information to be included on the form includes the type of violation, outcome, and sanctions, if applicable; as well as, the School, Program or Division of the student and the status of the student (undergraduate or graduate level, and year at Shenandoah University). No other student information or other identifiable information should be forwarded.
Article XI. Selection of Academic Integrity and Honor Court Officials
All faculty and students selected by peers to serve on the Honor Court will be confirmed by the President, who may remove persons for cause. Before committing to a potential role in the Honor Code proceedings, each faculty and student should understand the commitment and importance of their role in the process. If there is any hesitation or concern that the faculty or student cannot perform the potential duties for the designated time period, he or she should decline serving as a potential Honor Court member.
Section 1. Academic Integrity Officers
A. The Academic Integrity Officers for each School, Program or Division will be appointed by the Dean or Director each year. Each School, Program or Division will have two Academic Integrity Officers and one alternate; if the College/School or Program has multiple fields of study, more than one set of Academic Integrity Officers may be appointed at the discretion of the Dean or Director.
B. One of the Academic Integrity Officers will be the Dean or Director or their designee. A designee should be a faculty member within the School, Program, or Division who has attained career contract status.
C. The other Academic Integrity Officer and alternate will be a faculty member within the School, Program, or Division.
D. All individuals serving as Academic Integrity Officers will undergo training on the Honor Code process and their roles within the Code.
Section 2. Presiding Officer
A. The potential Presiding Officers over the Honor Court will be faculty appointed by the Faculty Senate. Three (3) undergraduate and three (3) graduate faculty will be appointed for three (3) year staggered terms.
B. The Presiding Officer will be chosen randomly by the Office of Academic Affairs when there is a need to convene the Honor Court. A undergraduate-level faculty will be chosen to preside over cases involving an undergraduate student, and a graduate-level faculty will be selected to officiate over cases involving a graduate student. The Presiding Officer will oversee the Honor Court proceedings as described in Article X. The Presiding Officer is a non-voting member of the Honor Court.
C. All faculty appointed to this role will undergo training on the Honor Code process and their roles within the Code.
Section 2. Faculty members of the Honor Court
A. Two (2) faculty from each School, Program, or Division will be chosen by the Faculty Senate in consultation with the School, Program, or Division each year to serve as potential members of an Honor Court session. Undergraduate Schools, Programs, or Divisions will choose undergraduate faculty and graduate Schools, Programs, or Divisions will choose graduate faculty to serve on the respective Honor Courts.
B. Faculty will be appointed to the Honor Court prior to the conclusion of the Spring Semester to serve for the following academic year. By September 30th of the Fall Semester, chosen faculty will participate in training on the Honor Code policies and procedures by the Office of Academic Affairs.
C. Two (2) faculty will be chosen randomly by the Office of Academic Affairs when there is a need to convene the Honor Court. Undergraduate-level faculty will be chosen to participate in cases involving an undergraduate student, and a graduate-level faculty will be selected to participate in cases involving a graduate student. Faculty will be expected to participate in the Honor Court proceedings unless he or she feels he or she cannot be impartial in a particular case; at which point, they will be replaced by another faculty to serve for that particular case. Faculty members of the Honor Court are voting members.
Section 3. Student members of the Honor Court
A. Four (4) students from each School, Program, or Division will be chosen by the Student Government Association in consultation with the School, Program, or Division each year to serve as potential members of an Honor Court session. Undergraduate Schools, Programs, or Divisions will choose undergraduate students and graduate Schools, Programs, or Divisions will chose graduate students to serve on the respective Honor Courts. Prospective students must have a G.P.A. of 3.0 or greater, be in good academic standing and have completed at least two (2) semesters at Shenandoah University.
B. Students will be appointed to the Honor Court prior to the conclusion of the Spring Semester to serve for the following academic year. By September 30th of the Fall Semester, chosen students will participate in training on the Honor Code policies and procedures by the Office of Academic Affairs.
C. Three (3) students will be chosen randomly by the Office of Academic Affairs when there is a need to convene the Honor Court. Undergraduate-level students will be chosen to participate in cases involving an undergraduate student, and graduate-level students will be selected to participate in cases involving a graduate student. Students will be expected to participate in the Honor Court proceedings unless he or she feels he or she cannot be impartial in a particular case; at which point, they will be replaced by another student to serve for that particular case. Student members of the Honor Court are voting members.
Section 4. Investigators
Two (2) students to serve as investigators will be randomly chosen from the pool of students eligible to serve on the Honor Court by the Office of Academic Affairs when there is a need to convene the Honor Court. Undergraduate-level students will be chosen in cases involving an undergraduate student, and graduate-level students will be selected in cases involving a graduate student. Students will be expected to participate in the Honor Court proceedings unless he or she feels he or she cannot be impartial in a particular case; at which point, they will be replaced by another student to serve for that particular case. Students serving as investigators will be not vote. Students will undergo training on the Honor Code policies and procedures by the Office of Academic Affairs and will be advised by the Presiding Officer during an investigation.
Shenandoah’s residential population makes it imperative the campus be closed only in the most severe circumstances. Therefore, most of the time, the university will remain open and all classes will be held even when weather is inclement.
The Senior Vice President and Vice President for Academic Affairs (SVP) is responsible for decisions regarding class cancellations and is the university official designated to authorize and post notification of class cancellations.
Notice of class cancellation will be placed on area radio and television stations, the SU Web site and the university phone system.
If no cancellations are announced, it should be assumed the university is open and classes are being held.
When possible, notification of university closing or class cancellations will be made by the following times:
-Morning cancellations or closing: announcement by 6 a.m.
-Afternoon cancellation or closing: announcement out by 10 a.m.
-Evening cancellation or closing: announcement out by 2 p.m.
PRIVACY OF STUDENT RECORDS
Family Educational Rights and Privacy Act of 1974 (Buckley Amendment)
Shenandoah University publishes the following policies and procedures in accordance with the Family Educational Rights and Privacy Act of 1974 (FERPA).
DEFINITIONS
For the purposes of this policy, Shenandoah University has used the following definitions of terms.
Student - any person who attends or has attended Shenandoah University.
Education records - any record (in handwriting, print, tapes, film or other medium) maintained by Shenandoah University or an agent of the university which is directly related to a student, except:
PROCEDURE TO INSPECT EDUCATION RECORDS
Students may inspect and review their education records upon request to the appropriate record custodian.
Students should submit to the record custodian or an appropriate university staff person a written request which identifies as precisely as possible the record or records he or she wishes to inspect.
The record custodian or an appropriate university staff person will make the needed arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected. Access must be given in 45 days or less from the receipt of the request.
When a record contains information about more than one student, the student may inspect and review only the records which relate to him or her.
RIGHT OF UNIVERSITY TO REFUSE ACCESS
Shenandoah University reserves the right to refuse to permit a student to inspect the following records:
REFUSAL TO PROVIDE COPIES
Shenandoah University reserves the right to deny transcripts or copies of records not required to be made available by the FERPA in any of the following situations:
TYPES, LOCATIONS AND CUSTODIANS OF EDUCATION RECORDS
The following is a list of the types of records that the university maintains, their locations and their custodians.
Type Location Custodian (Type/Location/Custodian)
DISCLOSURE OF EDUCATION RECORDS
Shenandoah University will
disclose information from a student's education records only with the
written consent of the student, except:
1. Performing a task that is specified in his/her position description or by a contract agreement.
2. Performing a task related to a student's education.
3. Performing a task related to the discipline of a student.