Academic Misconduct

Excerpts from the University of Wisconsin-System Policies

UWS 14.05 Disciplinary sanction imposed at the discretion of the instructor

     1. Where an instructor concludes that a student enrolled in one of his or her courses has
     engaged in academic misconduct in the course, the instructor for that course may impose
     one or more of the following disciplinary sanctions, as listed under s. UWS 14.04 (1)
     (a) through (c):

a. An oral reprimand;

b. A written reprimand presented only to the student; or

c. An assignment to repeat the work, to be graded on its merits.

         2. No disciplinary sanction may be imposed under this section unless the instructor
         promptly offers to discuss the matter with the student. The purpose of this discussion is
         to permit the instructor to review with the student the bases for his or her belief that the
         student engaged in academic misconduct, and to afford the student an opportunity to
         respond.

         3. A student who receives a disciplinary sanction under this section has the right to a
         hearing before the academic misconduct hearing committee under s. UWS 14.08 to
         contest the determination that academic misconduct occurred, or the disciplinary
         sanction imposed, or both. If the student desires such a hearing, he or she must file a
         written request with the student affairs officer within 20 days of imposition of the
         disciplinary sanction by the instructor.

UWS 14.06 Disciplinary sanction imposed following a report of academic misconduct
by the instructor

     Where an instructor believes that a student enrolled in one of his or her courses has
     engaged in academic misconduct and the sanctions listed under s. UWS 14.04 (1) (a)
     through (c) are inadequate or inappropriate, the instructor may proceed in accordance
     with this section to impose, subject to hearing rights in s. UWS 14.08, one or more of
     the disciplinary sanctions listed under s. UWS 14.04 (1) (d) through (h).

1. Conference with Student.

     When an instructor concludes that proceedings. under this section are warranted, the
     instructor shall promptly offer to discuss the matter with the student. The purpose of this
     discussion is to permit the instructor to review with the student the bases for his or her
     belief that the student engaged in academic misconduct, and to afford the student an
     opportunity to respond.

     2. Determination by the instructor that no academic misconduct occurred.
     If, as a result of a discussion under sub. (1), the instructor determines that academic
     misconduct did not in fact occur or that no disciplinary sanction is warranted under the
     circumstances, the matter will be considered resolved without the necessity for further
     action or a written report.

3. Process following determination by the Instructor that academic misconduct
occurred.

         a. If, as a result of a discussion under sub. (1), the instructor determines that. academic
         misconduct did occur and that one or more of the disciplinary sanctions listed under s.
         UWS 14.04 (1) (d) through (h) should be recommended, the instructor shall prepare a
         written report so informing the student, which shall contain the following.

1. A description of the misconduct;

2. Specification of the sanction recommended;

3. Notice of the student's right to request a hearing before the academic misconduct
hearing committee, and

4. A copy of the institutional procedures adopted to implement this section.

             b. The written report shall be delivered personally to the student or be mailed to
             the student by regular first class United States mail at his or her current address, as
             maintained at the institution. In addition, copies of the report shall be provided to
             the institution's student affairs officer and to others authorized by institutional
             procedures.

             c. A student who receives a written report under this section has the right to a
             hearing before the academic misconduct hearing committee under s. UWS 14.08 to
             contest the determination that academic misconduct occurred, or the choice of
             disciplinary sanction, or both. If the student desires the hearing before the
             academic misconduct hearing committee, the student must file a written request
             with the students affairs officer within 10 days of personal delivery or mailing of
             the written report. If the student does not request a hearing within this period, the
             determination of academic misconduct shall be regarded as final, and the
             disciplinary sanction recommended shall be imposed.

4. Process following determination by the Instructor that disciplinary
probation, suspension or expulsion may

             a. If, as a result of a discussion under sub. (1), the instructor determines that
             academic misconduct did occur and that disciplinary probation, suspension or
             expulsion under s. UWS 14.04 (1) (i) or (j) should be recommended, the instructor
             shall provide a written report to the investigating officer, which shall contain the
             following:

1. A description of the misconduct; and

             2. Specification of the sanction recommended. Upon receipt of a report under this
             subsection, the investigating officer may proceed, in accordance with s. UWS
             14.07, to impose a disciplinary sanction.

5. Process following determination by the Investigating Officer that academic
misconduct occurred.

             a. If, as a result of discussions under subs (2) and (3), the investigating officer
             determines that academic misconduct did occur and that one or more of the
             disciplinary sanctions listed under s. UWS 14.04 (1) (g) through (j) should be
             recommended, the investigating officer shall prepare a written report so informing
             the student, which shall contain the following:

1. A description of the misconduct;

2. Specification of the sanction recommended;

3. Notice of the student's right to a hearing before the academic misconduct hearing
committee;

4. A copy of the institutional procedures adopted to implement this section.

             b. The written report shall be delivered personally to the student or mailed to the
             student by regular first class United States mail at his or her current address, as
             maintained at the institution. In addition, a copy of the report shall be provided to
             the instructor and to the institution's student affairs officer.

             1. Except in cases where the disciplinary sanction recommended is disciplinary
             probation, suspension, or expulsion, if the student desires the hearing before the
             academic misconduct hearing committee, the student must file a written request
             with the student affairs officer within 10 days of personal delivery or mailing of
             the written report. If the student does not request a hearing within this period, the
             determination of academic misconduct shall be regarded as final, and the
             disciplinary sanction recommended shall be imposed.

             2. In cases where the disciplinary sanction recommended is disciplinary probation,
             suspension or expulsion, the student affairs officer shall, upon receipt of the
             written report under par. (b), proceed under s. UWS 14.08 to schedule a hearing on
             the matter. The purpose of the hearing shall be to review the determination that
             academic misconduct occurred and the disciplinary sanction recommended. A
             hearing will be conducted unless the student waives, in writing, the right to such a
             hearing.

UWS 14.08 Hearing

     1. If a student requests a hearing, or a hearing is required to be scheduled under s. UWS
     14.07 (5) (c) 2, the student affairs officer shall take the necessary steps to convene the
     academic misconduct hearing committee and shall schedule the hearing within 10 days
     of receipt of the request or written report, unless a different time period is mutually
     agreed upon by the student, instructor or investigating officer, and the members of the
     hearing committee.

     2. Reasonably in advance of the hearing, the committee shall obtain from the instructor
     or investigating officer, in writing, a full explanation of the facts upon which the
     determination of misconduct was based, and shall provide a copy of ch. UWS 14 to the
     student.

3. The hearing before the academic misconduct hearing committee shall be conducted in
accordance with the following requirements.

     a. The student shall have the right to question adverse witnesses, the right to present
     evidence and witnesses, and to be heard in his or her own behalf, and the right to be
     accompanied by a representative of his or her choice.

     b. The hearing committee shall not be bound by common law or statutory rules of
     evidence and may admit evidence having reasonable probative value, but shall exclude
     immaterial, irrelevant, or unduly repetitious testimony, and shall give effect to
     recognized legal privileges.

     c. The hearing committee shall make a record of the hearing. The record shall include a
     verbatim record of the testimony, which may be a sound recording, and a file of the
     exhibits offered at the hearing. Any party to the hearing may obtain copies of the record
     at his or her own expense. Upon a showing of indigency and legal need, a party may be
     provided a copy of the verbatim record of the testimony without charge.

d. The hearing committee shall prepare written findings of fact and a written statement
of its decision based upon the record of the hearing.

     e. The hearing committee may find academic misconduct and impose a sanction of
     suspension or expulsion only if the proof of such misconduct is clear and convincing. In
     other cases, a finding of misconduct must be based on a preponderance of the credible
     evidence.

f. The committee may impose a disciplinary sanction that differs from the
recommendation of the instructor or investigating officer.

g. The instructor or the investigating officer or both may be witnesses at the hearing
conducted by the committee, but do not have responsibility for conducting the hearing.

     h. The decision of the hearing committee shall be served upon the student either by
     personal delivery or by first class United States mail and shall become final within 10
     days of service, unless an appeal is taken under s. UWS 14.09.

UWS 14.09 Appeal to the Chancellor

     1. Where the sanction prescribed by the hearing committee is suspension or expulsion,
     the student may appeal to the Chancellor to review the decision of the hearing
     committee on the record. In such a case, the Chancellor shall sustain the decision of the
     academic misconduct hearing committee unless the Chancellor finds:

a. The evidence of record does not support the findings and recommendations of the
hearing committee;

b. Established procedures were not followed by the academic misconduct hearing
committee and material prejudice to the student resulted; or

c. The decision was based on factors proscribed by state or federal law regarding equal
education opportunities.

         2. If the Chancellor makes a finding under sub. (1), the Chancellor may remand the
         matter for consideration by a different hearing committee, or, in the alternative, may
         invoke an appropriate remedy of his or her own.

UWS 14.10 Discretionary Appeal to the Board of Regents

Institutional decisions under ss. UWS 14.05 through 14.09 shall be final, except that the
board of regents may, at its discretion, grant a review upon the record.

UWS 14.11 Settlement

     The procedures set forth in this chapter do not preclude a student from agreeing that
     academic misconduct occurred and to the imposition of a sanction, after proper notice
     has been given. Required written reports, however, may not be waived.

UWS 14.12 Effect of Discipline within the University System

Suspension or expulsion shall be system-wide in effect.

     1. A student who is suspended or expelled from one institution in the University of
     Wisconsin may not enroll in another institution in the system unless the suspension has
     expired by its own terms or one year has elapsed after the student has been suspended
     or expelled.

2. Upon completion of a suspension period, a student may re-enroll in the institution
which suspended him or her as if no suspension had been imposed.

UWS 14.13 Right of Petition of Readmission

     A student who has been expelled may petition for readmission, and a student who has
     been suspended may petition for readmission prior to the expiration of the suspension
     period. The petition for readmission must be in writing and directed to the Chancellor
     of the institution from which the student was suspended or expelled. The petition may
     not be filed before the expiration of one year from the date of the final determination in
     expulsion cases, or before the expiration of one-half of the suspension period in
     suspension cases. The Chancellor shall ask the Academic Misconduct Hearing
     Committee to review all petitions for readmission and make appropriate
     recommendations.

UWS 14.14 Investigating Officer

     The Chancellor of each institution, in consultation with faculty, academic staff, and
     student representatives, shall designate an investigating officer or officers for student
     academic misconduct. The investigating officer shall have responsibility for
     investigating student academic misconduct and initiating procedures for academic
     misconduct under s. UWS 14.07. An investigating officer may also serve on the
     academic misconduct hearing committee for a case, if he or she has not otherwise been
     involved in the matter.

UWS 14.15 Academic Misconduct Hearing Committee

Institutional Option.

     The Chancellor of each institution, in consultation with faculty, academic staff, and
     student representatives, shall adopt policies providing for the establishment of a student
     academic misconduct hearing committee or designation of a hearing examiner to fulfill
     the responsibilities of the academic misconduct hearing committee in this chapter.

     1. A student academic misconduct hearing committee shall consist of at least 3 persons,
     including a student or students, and the presiding officer shall be appointed by the
     Chancellor. The presiding officer and at least one other member shall constitute a
     quorum at any hearing held pursuant to due notice. At the UW-Whitewater the Academic
     Misconduct Hearing Committee shall consist of five members: three faculty members
     and two student members. The chair of the hearing committee shall be a faculty member
     appointed by the Chancellor. The three faculty members shall be appointed from six
     persons recommended to the Chancellor by the Faculty Senate. The two student
     members shall be appointed from four persons recommended to the Chancellor by the
     Student Senate. All hearings shall follow procedures consistent with those outlined in
     Chapter UWS 14. Any faculty or student member involved in the case is disqualified
     from setting on the committee in that case. Any other committee member who cannot
     render impartial judgment in the case shall disqualify him/herself.

UWS 14.16 Notice to Students

Each institution shall publish and make freely available to students copies of ch.. UWS
14 and any institutional policies implementing ch.. UWS 14.

UWS 14.17 Notice to Instructors.

     Each institution shall adopt procedures to ensure that instructors are familiar with these
     policies. Each institution shall provide instructors with copies of ch.. UWS 14 and any
     institutional policies implementing ch.. UWS 14 upon employment with the University,
     and each department chair shall be provided such copies upon assuming the duties of the
     chair.

UWS 14.18 Consistent Institutional Policies

     Each institution is authorized to adopt policies consistent with this chapter. A copy of
     such policies shall be filed with the Board of Regents and the University of Wisconsin
     System Office of Academic Affairs.

     1. At the UW-Whitewater the Office of Vice Chancellor shall be responsible for the
     implementation and enforcement of ch.. UWS 14. Those duties and responsibilities
     assigned the "student affairs officer" shall be carried out by the Vice Chancellor's
     office.

     2. At the UW-Whitewater a student who is found guilty of a second offense of academic
     misconduct shall be, at the discretion of the investigating officer, subject to suspension
     or expulsion from the University.