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3.Finding of Fact/Review, Hearings & Findings from a CIC

Initial Finding of Fact and Review of Cases

In a case where a non-teaching member of the WTAMU community reports a suspected integrity violation, the case will be referred to the appropriate faculty member, direct supervisor or dean for initial review. The referral will come from the WTAMU community member to whom the suspected act was first reported.

In a case where a resolution between the student and the faculty member has been reached, an AICVRF will be completed by the faculty member, signed by all parties, direct supervisor and dean, and forwarded to the EVPP office to be placed in the student’s file.

In a case where a resolution between the student and the faculty member cannot be reached, all materials will be presented to the direct supervisor who will then review the case (including evidence, student and professor testimony, any documents, etc.), determine if a violation occurred, and, in the case of a finding of violation, impose through her/his dean’s office, then forward to EVPP the appropriate sanction. The direct supervisor will then notify both the student and the faculty member of her/his decision, as well as inform the student of her/his right to appeal to the College Integrity Committee (CIC). [Note: Each college will create a CIC as needed. It will be comprised of the college dean (who will chair the committee and vote only in case of a tie), three students (appointed by Student Senate) and three faculty members from the college (one appointed by the dean for a two-year term, one chosen by the student and one chosen by the dean). Should the dean feel that her/his chairing the committee would present some conflict of interest, she/he should recuse her/himself through the VPAA’s office and have another dean appointed to chair the hearing.] In the case of a finding of guilt, the direct supervisor will forward this finding to the VPAA’s office to be placed in the student’s file.

Upon any subsequent violation by the student (if another AICVRF, direct supervisor sanction or any combination is already present in the student’s file), the EVPP office will notify the dean and have him/her examine the file to determine if a trend of violation needs to be addressed. [Note: For undergraduate students, “dean” in this document refers to the dean of the college in which the most recent violation occurred. For graduate students, “dean” refers to the dean of the Graduate School.] If the dean feels that it is the case that there is a trend of violation, the dean will impose or request that the EVPP impose the appropriate sanction. The dean will then notify the student of her/his decision, as well as inform the student of her/his right to appeal to the CIC.

Should the student desire to appeal either a direct supervisor’s or dean’s decision, the student will notify the dean that he/she requests an appeal hearing before a CIC. The notification must be in writing and delivered to the dean within ten (10) days of the student’s initial notification of the direct supervisor’s or dean’s findings. Such an appeal must specify if the student is appealing the finding of violation or the fairness of the sanctions.

 

Hearings Before a CIC

The CIC functions only as an appeal This committee will confer to hear the facts of the case and to render judgment regarding the appropriateness of the original finding/sanction.
  1. Once an appeal hearing has been requested, the dean’s office will make a reasonable attempt to notify (a) the appealing party and any accusing parties (as well as the accusing party’s witnesses), (b) any faculty member(s) involved, and (c) the selected members of the committee not less than seven (7) working days before the scheduled (These time frames are contingent upon the academic calendar and the necessity of bringing closure to a situation and, at the discretion of the dean, may be adjusted as deemed necessary).
  2. If the student is appealing the finding of violation itself, the accuser has the burden of proving his/her case by the preponderance of the evidence (proof that leads a reasonable person to conclude that the facts in issue are more likely to have occurred than not).
  3. If the student is appealing the sanctions, only facts presented before the committee or that are present in the student’s file (and have bearing on the present case) may be considered in judging the fairness of the original It is the responsibility of the appealing student to offer evidence that supports a different sanction.
  4. The appealing party, during the course of the appeal, may, at her/his own expense, seek advice of legal counsel or a legal adviser. Counsel may advise the student but may not present at the appeal. Additionally, the appealing party may have one person accompany her/him to the This person cannot act as a witness.
  5. An opportunity will be provided for the appealing party to present her/his version of the facts and to present other evidence, including witnesses, in support of her/his Witnesses not having information directly pertaining to the appeal may not be allowed. The appealing student should notify her/his witnesses of her/his request that they present information at the hearing. The appealing student is responsible for making sure that her/his witnesses attend the hearing and/or for providing any notarized written information or official University reports (the student may request these through the presiding dean’s office) that she/he would like considered at the appeal. The appealing party, through the dean, will also have the right to hear and question evidence. The dean may impose reasonable limitations upon the presentation of evidence and the questioning of witnesses.
  6. If the student chooses not to testify at the appeal, no inference may be drawn from this action. If the student chooses not to attend the appeal, it will be assumed that the student revokes her/his appeal. Evidence that shows that the student has been contacted, however, should be entered into the record. (In the event that the accused is late to the hearing, the CIC will assume that the student has chosen not to attend the appeal and the appeal will be withdrawn).
  7. Disorderly or disruptive behavior by any individual in the appeal process may, at the discretion of the dean, result in the removal of that individual from the hearing and the hearing may The University will provide a recording of the hearing either by court reporter, electronic recording, or notes or minutes taken by a recording secretary. For sanctions resulting in less than suspension or expulsion, the recording will be destroyed following the conclusion of the appeal. Suspension/expulsion sanctions result in records being maintained permanently in the Office of Academic Affairs. The appealing party may, at her/his expense, make a personal recording of the hearing. Appeal hearings will be closed with the exception of those directly hearing or involved in the caseON FINDINGS OF A CIC

 

On Findings of a CIC

The CIC is not responsible for adhering to strict rules of evidence or bound to The CIC will consider only the facts presented during the hearing and the facts already contained in the appealing student’s academic file.

At the conclusion of the hearing, the CIC shall meet to adjudicate in a closed session. If the fact of violation is in dispute, the faculty and student members will first vote as to whether or not the original finding of violation—by faculty member, direct supervisor or dean—has merit.

In the case that the CIC finds no violation, the student’s file will be cleared of all documents that relate solely to this case. If it is the appropriateness of the sanctions that is under appeal, the CIC will vote on the fairness of the original sanction. If the CIC finds that the original sanction is not appropriate, the members will discuss alternative sanctions that may include sanctions more severe than those originally imposed/recommended. (The CIC may impose any of the sanctions described in the Code of Student Life up to and including suspension or expulsion. The CIC can recommend to the dean of the college that suspension or expulsion is the appropriate sanction. In the case of such a recommendation, the case will immediately be referred to the dean and forwarded to the EVPP office, and all further action will be taken by the EVPP).

The appealing party will not be present for the discussion, voting and/or sanctioning portion of the appeal, and the University does not have to record the adjudication.

The CIC will, at the conclusion of the appeal, discuss its finding with the appealing party. Additionally, the dean’s office will forward a written statement of the findings and the formal action to be taken by the University to the student within five (5) working days, as defined by the University.