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These are SFU's Academic Honesty and Student Conduct Policies. The full list of SFU's policies is available in the Policy Gazette.

Code of Academic Integrity and Good Conduct

Policy Authority: Vice-President, Academic and Provost

Associated Procedure(s): 

  • S 10.01 Student Academic Integrity Procedure
  • S 10.01 Forms of Academic Dishonesty and Misconduct (Schedule A)

1.0       PREAMBLE

1.1       Academic integrity is a cornerstone of the development and acquisition of knowledge, and a commitment to six fundamental values: honesty, trust, fairness, respect, responsibility, and courage.  Academic integrity includes a commitment not to engage in or tolerate acts of falsification, misrepresentation, or deception – acts which violate the fundamental ethical principles of the University community and compromise the worth of work completed by others. The terms “academic integrity” and “academic honesty” are used interchangeably in this policy.

1.2       Simon Fraser University is committed to creating a scholarly community characterized by honesty and free inquiry.

1.3       Each student is responsible for their own conduct as it affects the University community.

1.4       All members of the University community share the responsibility for the academic standards and reputation of the University.  Upholding academic integrity is a condition of continued membership in the university community.

1.5       Academic dishonesty is contrary to the values of the University, and unfair and discouraging to the majority of students who pursue their studies honestly.  Scholarly integrity is required of all members of the University.

1.6       Students must be treated fairly before being penalized for academic dishonesty or academic misconduct. They are entitled to information about the alleged wrongdoing and to provide a response.  The decision-maker must be impartial.  An internal Board is established to adjudicate matters of student academic discipline and there is a body of final appeal, as required by the British Columbia University Act.

2.0       PURPOSE                                                

2.1       The purpose of this policy is to define: students' basic responsibilities as members of the academic community; inappropriate student behaviour, whether deliberate or inadvertent, in relation to academic and scholarly activities; and principles for student discipline in academic matters.

3.0       SCOPE AND JURISDICTION

3.1       This policy covers the conduct of students involved in any kind of University-related academic and scholarly activities.

3.2       This policy covers matters of academic dishonesty and academic misconduct in University-related scholarly activities, including activities involving SFU alumni when the matters occurred prior to graduation and were unknown at the time of graduation, or involve the misrepresentation of their credentials from their scholarly work at SFU.

3.3       The forms of academic misconduct and academic dishonesty set out in this policy include attempts to engage in misconduct or dishonesty, as well as aiding and abetting misconduct or dishonesty.

4.0       DEFINITIONS

4.1       Academic Advantage
refers to a situation that may result in a student gaining an unearned or unfair benefit in their academic matters, such as their academic work, academic record, or academic progress.

4.2       Academic Dishonesty
refers to an act or omission that occurs within or as part of a course and contravenes the standard of academic integrity.

4.3       Academic Integrity
refers to the values on which good academic work must be founded: honesty, trust, fairness, respect, responsibility, and courage.  Academic integrity includes a commitment not to engage in or tolerate acts of falsification, misrepresentation, or deception.  Such acts of dishonesty violate the fundamental ethical principles of the University community and compromise the worth of work completed by others.  The terms “academic integrity” and “academic honesty” are used interchangeably in this policy.

4.4       Academic Misconduct
refers to behaviour, not related to a specific course that contravenes the standard of academic integrity.

4.5       Academic Unit
refers to an academic department, school, or program; in some cases, the academic unit will be the Faculty, e.g. Faculty of Education.

4.6       Applicant
means the party initiating a case before the UBSD.  For example, a student who asks for a review of a decision made by the instructor, the Chair, or the Registrar is the “applicant”.  The other party in a UBSD case is known as the “respondent.”

4.7       Chair of a Department
means the head of the academic unit or a person authorized by the head of an academic unit, and includes the Chair of an academic department, the Director of a School, or the Director of a Program.

4.8       Instructor
means the course supervisor and includes faculty members, sessional instructors, and course supervisors for distance education courses.

4.9       Scholarly Activities
include work or material, in any media and format that is submitted as part of credit and non-credit courses, projects, essays, theses, research, practicums, internships, and co-op work placements.

4.10     Student
includes any of the following: a person who is applying for admission to the University; an undergraduate who has been enrolled for one or more of the last three (3) terms, including the current term, and is eligible to continue; a graduate student who is enrolled at the University in the current term and is eligible to continue; a graduate student who is not enrolled in the current term but is eligible to enroll at the University when the approved leave ends; a visiting, exchange, or special audit student who has been admitted to the University for the purposes of taking courses, or to take part in an approved research term; or a person enrolled at the University in a non-credit program or course.

4.11     University Community
means all students and employees of the University, and all people who have a status at the University mandated by legislation or other University policies, including: research assistants, post-doctoral fellows, members of Senate and the Board of Governors, volunteers, visiting and emeritus faculty, and visiting researchers.

5.0       POLICY

5.1       Notification of Standards of Academic Honesty

5.1.1 Students are responsible for ensuring they are familiar with the generally accepted standards and requirements of academic honesty (e.g. as published in the University Calendar).  Ignorance of these standards will not excuse a student from consequences, including penalties, for academic dishonesty.

5.1.2 Instructors are responsible to inform their students at the beginning of each term if there are additional specific criteria for academic honesty that pertain to a class or course (e.g. the format for acknowledging the thoughts and writings of authors acceptable to the underlying discipline, and the acceptable level of group work, use of an editor or tutoring service, and/or online resources).

5.1.3 A draft paper, proposal, thesis, or other assignment may be subject to a penalty for academic dishonesty, providing the instructor or supervisor informed the student(s) before the work was submitted that drafts are subject to academic honesty requirements.

5.2       Academic Integrity Requirements for Students

5.2.1 Any action that contravenes the standard of academic integrity is prohibited, including any act of dishonesty, falsification, misrepresentation, or deception in one’s academic work.

5.2.2 All forms of academic dishonesty that occur within or as part of a course are prohibited. See Schedule A for examples of academic dishonesty.

5.2.3 All forms of academic misconduct that are not related to a specific course are prohibited. See Schedule A for examples of academic misconduct.

5.2.4 It is a violation to help others or attempt to help others engage in any forms of academic dishonesty or misconduct.

6.0       PRINCIPLES FOR STUDENT DISCIPLINE

6.1       Complaints of student academic dishonesty or academic misconduct may be resolved under the policy without penalty.  Designated University officials such as a Chair of a Department, course instructor, or the Registrar may impose penalties in certain circumstances.

6.2       In determining whether academic misconduct has occurred, it is not necessary to show that a student has achieved an improper academic advantage or benefit.  Some acts of plagiarism or collusion, or other acts of academic misconduct, may not actually confer an academic advantage or benefit.

6.3       The University Board on Student Discipline (UBSD) provides an impartial forum for a complete examination of student allegations of academic dishonesty or academic misconduct.  The Tribunal will provide students with an opportunity to respond in a timely manner to allegations of academic dishonesty or academic misconduct and, if appropriate, will recommend a course of action to the President, or to the Vice-President, Academic and Provost if the President has already played a role in the case.

6.4       When the University imposes a penalty on a student for academic dishonesty or academic misconduct, the student may appeal to the Senate Committee on Disciplinary Appeals (SCODA).  SCODA is the standing committee of final appeal for students in matters of academic discipline as mandated in the University Act.

6.5       The UBSD and SCODA will adhere to principles of procedural fairness and natural justice.  The appropriate standard for a decision in this process is proof on the balance of probabilities.

6.6       A support person may accompany a student to any meeting concerning academic disciplinary matters.  Students may also consult the University Ombudsperson for assistance.

6.7       In deciding upon the appropriate penalty to be imposed for an act of academic dishonesty or academic misconduct, consideration must be given to the following factors:

6.7.1   the extent of the academic dishonesty or academic misconduct;

6.7.2   whether the academic dishonesty or academic misconduct was deliberate;

6.7.3    the importance of the work in question as a component of the course or program;

6.7.4    whether the act in question is an isolated incident or part of repeated acts of academic dishonesty, academic misconduct, and/or non-   academic misconduct; and

6.7.5    any other mitigating or aggravating circumstances.

7.0       ROLES AND RESPONSIBILITIES

7.1       The Vice-President, Academic and Provost has oversight of this policy.

7.2       The Registrar is responsible for implementing and monitoring the operational aspects and procedures for this policy.

7.3       The Registrar, Academic Integrity Co-ordinator, Academic Integrity Advisors, Chairs, and Instructors are jointly responsible for administering the procedures under this policy.

7.4       The University’s Academic Integrity Advisory Committee provides advice to the Registrar on matters related to the policy and associated procedures.

8.0       REPORTING

8.1       The Registrar must maintain a statistical summary of cases handled through their office each year, and this data must be included in the Annual Report to Senate on Student Discipline Matters.

8.2       In addition to the data referred to in section 8.1, the Annual Report on Student Discipline Matters must contain a summary of the UBSD Tribunal's findings, the President's decisions, SCODA's decisions and the penalties imposed.  This report must be accessible to the University community and must be submitted to Senate for information except where the Tribunal, SCODA, or the President determines that cases or parts of cases should not be disclosed.  The Summary must not disclose the identities of the parties.  A set of decisions that does not disclose the identities of the parties must be maintained in the office of the Secretary of the UBSD and be available for review upon reasonable notice.

9.0       RELATED LEGAL, POLICY AUTHORITIES AND AGREEMENTS

9.1       The legal and other University policy authorities that may bear on the administration of this policy and may be consulted as needed include but are not limited to:

9.1.1          University Act;

9.1.2          University Board on Student Discipline (S 10.02);

9.1.3          Senate Committee on Disciplinary Appeals (S 10.03);

9.1.4          Retention and Disposal of Student Exams and Assignments (I 10.09);

9.1.5          Fair Use of Information and Communications Technology (GP 24); and

9.1.6          Student Conduct Policy.

10.0     ACCESS TO INFORMATION AND PROTECTION OF PRIVACY

10.1     The information and records made and received to administer this policy are subject to the provisions of British Columbia’s Freedom Of Information and Protection of Privacy Act and the University’s Information Policy series.  To the extent possible, the information and records will be treated in a confidential manner, in compliance with the Act and with applicable University policies.

10.2      A University employee who is involved in addressing or investigating a case of alleged academic dishonesty or academic misconduct must:

10.2.1      make every reasonable effort to protect personal information and maintain confidentiality;

10.2.2      collect the minimum information about individuals that relates directly to a case of academic dishonesty or academic misconduct, which is considered to be supplied in confidence;

10.2.3      use the information about individuals only for the purposes of, or those consistent with, addressing the situation, investigating, or taking action;

10.2.4      limit disclosure of information about individuals to those within the University who need to know to perform their duties; and

10.2.5      disclose personal information in all other circumstances only as permitted under the Freedom of Information and Protection of Privacy Act.

10.3         The University may disclose personal information where appropriate, including where:

10.3.1      it is needed to prepare or obtain legal advice for the University;

10.3.2      it uses the information for the purpose for which it was obtained or compiled or for a use consistent with that purpose (for example, where it is necessary to fulfill its duty of procedural fairness); or

10.3.3      an employee needs the information to perform their employment duties.

11.0     RETENTION AND DISPOSAL OF RECORDS

11.1     Information and records made and received to administer this policy are evidence of the University’s actions to respond to academic dishonesty or academic misconduct.  Information and records must be retained and disposed of in accordance with a records retention schedule approved by the University Archivist.

11.2      The Registrar must destroy any record of a student’s alleged academic dishonesty or academic misconduct that may be held in the Office of the Registrar if the UBSD or SCODA determines that the discipline of the student was unwarranted.

12.0     POLICY REVIEW

12.1     This policy will be reviewed once every five (5) years.

13.0     AUTHORITY

13.1     This policy is administered under the authority of the Vice-President, Academic and Provost.

14.0     INTERPRETATION

14.1      Questions of interpretation and application of this policy will be referred to the Vice- President, Academic and Provost and the University’s General Counsel, who will jointly make a decision, which will be final.

15.0     ASSOCIATED PROCEDURE

15.1     The associated procedure for this policy is:

            Student Academic Integrity Procedure (S 10.01 - Procedure)

            Forms of Academic Dishonesty and Misconduct (S 10.01 - Schedule A)

Downloads

Principles and Procedures for Student Discipline

Policy Authority: Vice-President, Academic and Provost

Associated Procedure(s): None

 

1.0.     PURPOSE

1.1      The purpose of this policy is to provide an impartial forum to examine allegations of student academic dishonesty or academic misconduct.  That impartial forum is the University Board on Student Discipline (UBSD).

2.0      SCOPE AND JUSRISDICTION

2.1      Cases of alleged academic dishonesty or academic misconduct under the Student Academic Integrity Policy (S 10.01) may be brought forward to the UBSD by either the Chair of a Department or the Registrar.

2.2      Cases of academic dishonesty or academic misconduct under the Student Academic Integrity Policy (S 10.01) may be brought forward by students wishing to dispute the finding of fact by the instructor, the Chair of the Department, or the Registrar.

3.0      POLICY

3.1      UBSD and Tribunal Membership

3.1.1 The UBSD consists of eleven members named by the Vice-President, Academic and Provost from a list of nominees drawn from the various campus constituencies.  The Board must be comprised of three faculty, four students, and three staff, plus a Coordinator named by the Vice- President, Academic and Provost.

3.1.2 Normally, faculty and staff are appointed to the Board for three (3) years and students are appointed to the Board for one-year terms.  Terms of office will be staggered to ensure some continuity of membership.

3.1.3 The Coordinator of the UBSD will appoint a Tribunal of three persons consisting of a Chair and two other members for each hearing.  In deciding upon the composition of the Tribunal, the Coordinator of the UBSD shall take into account the nature of the allegations brought forward and the diversity of the University community.  The membership of the Tribunal shall include at least one faculty member and one student.

4.0      PROCEDURAL FAIRNESS

4.1      The UBSD is an internal administrative body, governed by the principles of procedural fairness.  Within this framework, it is free to develop procedures and practices to conduct hearings and is not constrained by strict rules of procedure and evidence.

4.2      Students must be treated fairly before being penalized for academic dishonesty or academic misconduct.  They are entitled to receive information about the alleged wrongdoing and to provide a response.

4.3      The Tribunal will provide individuals with an opportunity to respond in a timely manner to allegations of academic dishonesty or academic misconduct and, if appropriate, will recommend a course of action to the President, or to the Vice-President, Academic and Provost if the President has already played a role in the case.

4.4      In exceptional circumstances, the Coordinator of the UBSD may extend the time limits for a student to dispute the findings of fact made by an instructor, a Chair, or the Registrar.

5.0      UBSD HEARINGS

5.1      If a student is unable or unwilling to participate in a UBSD hearing for any reason, the UBSD Coordinator must determine if there are sufficient grounds to proceed in the student’s absence.  If so, the Coordinator may decide to proceed with a hearing without the student.  If a determination is made that there are not sufficient grounds to proceed, the Coordinator will inform the Registrar.  The Registrar will determine, as outlined in the Procedures for Academic Dishonesty and Misconduct, whether academic restrictions will be placed on the student until the case has been dealt with.

5.2      The impartiality of any member of the Committee scheduled to hear an appeal may be challenged and will be determined by the Chair.  If the impartiality of the Chair is challenged, the other members of the Tribunal will determine the issue.

5.3      UBSD hearings shall be closed to the public unless both parties involved provide explicit written consent.

5.4      Hearings may be held using video, teleconference, or other communications technology at the discretion of the Chair.

5.5      In exceptional circumstances, the Tribunal may permit the student to appear in absentia by delegate.

5.6      The parties to a hearing (i.e., the applicant and the respondent) may have a representative present at the hearing and/or may be accompanied by a support person.

5.7      If the applicant or respondent fails to appear before the Tribunal at the appointed time, the Tribunal may proceed or dismiss the complaint or review.

5.8      If there are medical or compassionate reasons for non-appearance, the Secretary of the UBSD must be notified in writing immediately and evidence in support of the reasons for non- appearance must be sent to the Chair as soon as possible.  The Chair will determine the acceptability of such reasons and whether the hearing should be postponed.

5.9      Both parties are entitled to be present throughout the hearing, but witnesses must be excluded until they have presented their evidence.  Evidence will not be given under oath.  Each party must be given the opportunity to ask questions of any witness.

5.10    The Tribunal is responsible for interpreting any policy under consideration.

5.11    The Chair of the Tribunal shall be responsible for maintaining an orderly hearing.

5.12    In cases brought before the UBSD by a University official, the Tribunal will first hear the evidence and determine the facts of the case.  If the Tribunal finds that academic dishonesty or academic misconduct is established, it will hold a second hearing to consider any recommendation on the penalty (penalty hearing).  These two hearings may take place on the same or different days.  When all parties are in agreement as to the facts, the Tribunal may proceed directly to consider any recommendation on the penalty.

5.13    The Tribunal may hear impact statements from witnesses or parties prior to making a recommendation about a penalty.

5.14    The burden of proof is on the person alleging academic misconduct or academic dishonesty.  The appropriate standard for a decision in this process is proof on a balance of probabilities.

6.0      DECISION-MAKING

6.1      The deliberations of the Tribunal must be closed with no record kept.

6.2      The Chair of the Tribunal votes only in the case of a tie.  No member of the Tribunal may abstain.

6.3      In cases brought before the UBSD by a student, the Tribunal must confirm or overturn the findings of fact made by the person whose decision is under review.  If the decision is confirmed, the penalty remains unaltered.  If the decision is overturned, the Tribunal must decide upon an appropriate course of action consistent with the finding of fact of the Tribunal.

6.4      In cases brought before the UBSD by a University official, the Tribunal must convey its decision to the parties involved following deliberation with regard to the penalty, the facts of the case, or both.

6.5      Before formulating its recommendation to the President on penalty, the Tribunal will hear from both parties.  At this stage, after the findings of fact, the Tribunal may have access to any other disciplinary information about the student that has been retained by the University.

6.6      The Tribunal must provide a written decision that includes the findings of fact, the reasons and the recommendation regarding penalty, if any, and provide both parties and the Registrar with a copy.

7.0      PENALTIES

7.1      The penalties for academic misconduct that may be recommended by the UBSD and imposed by the President, may include but are not limited to:

7.1.1    one or more of the following:

a.  recommend the student receive counselling or other professional assistance and, if necessary, assist the student in obtaining counselling or other professional services;

b.  issue a formal written reprimand to the student;

c.  assess and recover costs to rectify the damage or loss caused by the student;

d.  require the student to write a letter of apology to any person adversely affected by the student’s behaviour;

e.  require the student to perform up to 50 hours of community service;

f.  terminate the student’s scholarships or other financial support.

g.  change any grade that the student may have received as a result of academic misconduct.

7.1.2    any one or more of the penalties for academic dishonesty listed in section 7.2 below.

7.2      The penalties for academic dishonesty that may be recommended by the UBSD and imposed by the President may include, but are not limited to, one or more of the penalties listed in 6.1, as well as any one or more of the following:

7.2.1     denial of admission or re-admission to the University;

7.2.2     de-registration, with or without a tuition fee refund;

7.2.3     forfeiture of University awards or financial assistance;

7.2.4     suspension or permanent suspension from the University;

7.2.5     revocation of a degree and return of the student’s transcript and degree, certificate or diploma parchment to the Registrar; or

7.2.6     removal of all relevant documents from the SFU Library, including papers and/or theses.

8.0      IMPOSITION OF A PENALTY BY THE PRESIDENT

8.1      The parties will have three (3) weeks to provide the President with a response to the Tribunal's recommendation.

8.2      The decision of the President must be communicated in writing to the parties with the reasons for the decision.  The student must be advised of the process for appeal to the Senate Committee on Disciplinary Appeals (SCODA), the time limits for initiating such an appeal, and the services of the Ombudsperson’s Office.

8.3      The President’s decision takes effect at the expiry of the time limit for the appeal, or when a decision on the appeal is made by SCODA.  At the discretion of the Registrar (or designate), students who are registered in and attending courses in the current term may request to have their suspension take effect immediately or at the beginning of the following term.

8.4      A notation of a permanent or other suspension must be placed on the student's official transcript.  A notation of such a suspension will be removed when it expires.  The report will remain sealed and may be opened only on the authorization of the Registrar if the student is involved in other incidents of academic dishonesty or academic misconduct, or as permitted or required by law. 

8.5      Academic work undertaken by a student at another institution while under a penalty prohibiting attendance at SFU may not subsequently be transferred or in any other way credited to the student's academic record at SFU.

8.6      If the student's appeal is successful, the University must, if possible, take steps to return the student to the position would have been in if the appealed decision had not been made.

9.0      REPORTING

9.1      The Registrar must maintain a statistical summary of cases handled through their offices each year, and these data must be included in the Annual Report to Senate on Student Discipline Matters.

9.2      In addition to the data referred to in section 9.1, the Annual Report on Student Discipline Matters must contain a summary of the UBSD Tribunal's findings, the President's decisions, SCODA's decisions and the penalties imposed.  This report must be accessible to the University community and must be submitted to Senate for information except where the Tribunal, SCODA, or the President determine that cases or parts of cases should not be disclosed.  The Summary must not disclose the identities of the parties.  A set of decisions that does not disclose the identities of the parties must be maintained in the office of the Secretary of the UBSD and be available for review upon reasonable notice.

10.0    RELATED LEGAL AND POLICY AUTHORITIES

10.1     The legal and other University policy authorities that may bear on the administration of this policy and may be consulted as needed include but are not limited to:

10.1.1      University Act;

10.1.2      Student Academic Integrity Policy (S 10.01);

10.1.3      Senate Committee on Disciplinary Appeals (S 10.03);

10.1.4      Retention and Disposal of Student Exams and Assignments (I 10.09); and

10.1.5      Student Conduct Policy.

11.0    ACCESS TO INFORMATION AND PROTECTION OF PRIVACY

11.1     The information and records made and received to administer this policy are subject to the access to information and protection of privacy provisions of British Columbia’s Freedom of Information and Protection of Privacy Act and the University’s Information Policy series.  To the extent possible, the information and records will be treated in a confidential manner, in compliance with the Act and with applicable University policies.

11.2     A University employee who is involved in addressing or investigating a case of academic dishonesty or academic misconduct must:

11.2.1      make every reasonable effort to protect personal information and maintain confidentiality;

11.2.2      collect the minimum information about individuals that relates directly to and is necessary to respond to a case of academic dishonesty or academic misconduct, which is considered to be supplied in confidence;

11.2.3      use the information about individuals only for the purposes of, or those consistent with, addressing the situation, investigating, or taking action;

11.2.4      limit disclosure of information about individuals to those within the University who need to know to perform their duties; and

11.2.5      disclose personal information in all other circumstances only as permitted under the Freedom of Information and Protection of Privacy Act.

11.3    The University may disclose personal information where appropriate, including where:

11.3.1      it is needed to prepare or obtain legal advice for the University;

11.3.2      it uses the information for the purpose for which it was obtained or compiled or for a use consistent with that purpose (for example, where it is necessary to fulfill its duty of procedural fairness); or

11.3.3      an employee needs the information to perform their employment duties.

12.0    RETENTION AND DISPOSAL OF RECORDS

12.1     Information and records made and received to administer this policy are evidence of the University’s actions to respond to academic dishonesty or academic misconduct.  Information and records must be retained and disposed of in accordance with a records retention schedule approved by the University Archivist.

12.2     The Registrar must destroy any record of a student’s alleged academic dishonesty or academic misconduct that may be held in the Office of the Registrar if the UBSD or SCODA determines that the discipline of the student was unwarranted.

13.0    POLICY REVIEW

13.1     This policy will be reviewed every five (5) years.

14.0    AUTHORITY

14.1     This policy is administered under the authority of the Vice-President, Academic and Provost.

15.0    INTERPRETATION

15.1     Questions of interpretation and application of this policy shall be referred to the Vice- President, Academic and Provost and the University’s General Counsel, who will jointly make a decision, which will be final.

 

University Board on Student Discipline

Policy Authority: Vice-President, Academic and Provost

Associated Procedure(s): None

1.0      PURPOSE

1.1      The purpose of this policy is to provide a student the means to appeal the severity of a penalty imposed by the University for academic dishonesty or academic misconduct.

2.0      SCOPE AND JUSRISDICTION

2.1      The Senate Committee on Disciplinary Appeals (SCODA) is the standing committee of final appeal for students:

2.1.1   in matters of academic discipline as mandated in the University Act pursuant to section 37(1)(v); and

2.1.2   in other matters as Senate or the Chair of Senate directs.

3.0      POLICY

3.1      SCODA Membership

3.1.1    SCODA is comprised of:

a.   three faculty members and two alternate faculty members, who are not Chairs, Deans, or Vice-Presidents, elected by Senate for overlapping two-year terms; and

b.   three students and two alternate students elected by Senate for one-year terms.

3.2      The Chair of SCODA must be a faculty member of SCODA elected annually by the voting members of SCODA.  A Vice-Chair, who must be a faculty member, must be elected at the same time as the chair.

3.3      The Secretary of the Senate or his/her designate serves as a non-voting secretary to the Committee.

4.0      GROUNDS OF APPEAL TO SCODA

4.1      A student may appeal in writing to SCODA on one or more of the following grounds:

4.1.1   that a procedural error occurred of sufficient magnitude that it may reasonably be said to have affected the fairness of the process or altered the outcome of the case;

4.1.2   that a factual error occurred of sufficient magnitude that it may reasonably be said to have altered the outcome of the case;

4.1.3   that the penalty imposed on the student is excessive in all the circumstances of the case; or

4.1.4   that new, material evidence is available which, despite the exercise of due diligence by the party wishing to appeal, could not have been made available at the time of the hearing giving rise to the appeal.

4.1      Applications to SCODA should be addressed to: Secretary, Senate Committee on Disciplinary Appeals, Registrar's Office.

4.2      Any notice of appeal must be in writing and must be received by the Registrar's office within three (3) weeks of the decision that is the subject of the appeal.

4.3      In exceptional circumstances, a student or the University may apply to the Chair of SCODA for an extension of time to file the notice of appeal.  The Chair of SCODA must decide whether or not to approve an extension.  The decision of the Chair of SCODA is final.

4.4      The Registrar’s Office must inform the respondent and the President of the notice of appeal in writing and schedule a meeting of SCODA as quickly as possible.

4.5      The implementation of any penalty is stayed pending determination of the appeal by SCODA.

5.0      SCODA HEARINGS

5.1      SCODA, as an internal administrative body, must follow the principles of procedural fairness.  Within that framework, it is free to develop procedures and practices to conduct appeals and is not constrained by strict rules of procedure and evidence.

5.2      The number of members of SCODA required to hear an appeal is two faculty members, two students, and the Chair.  The quorum for other meetings of the committee is five members of the committee, including the Chair.

5.3      To ensure the impartiality of the Committee, no member with previous involvement in the case may hear the appeal.

5.4      The impartiality of any member of the Committee scheduled to hear an appeal may be challenged and will be determined by the Chair.  If the impartiality of the Chair is challenged, the other members of the hearing panel will determine the issue.

5.5      A SCODA hearing must be closed to the public.  An appeal hearing may only be open to the public with the explicit written consent of the parties.

5.6      In exceptional circumstances, the Committee may permit the student to appear in absentia by delegate.

5.7      The student or representative must be given the opportunity to make a statement to the Committee to support the appeal.

5.8      The respondent may also appear at the appeal and be given an opportunity to make a statement.  Where the appeal is under section 4.1.d the respondent is entitled to speak to the new evidence.

5.9      Both parties may be accompanied by a representative at the appeal and may be accompanied by a support person.

5.10    If the appellant fails to appear before the Committee at the appointed time, the Committee may, without further notice, proceed in such absence to determine the appeal.

5.11    If there are medical or compassionate reasons for non-appearance, the Secretary must be notified immediately.  The Chair will determine the acceptability of such reasons and whether the appeal should be postponed.

5.12    Appeals must be based upon the record of the preceding hearing or decision and any other relevant documentation considered.  The Committee may hear new evidence only when a case is being appealed under section 4.1.d.

6.0      SCODA DECISIONS

6.1      The deliberations of the Committee must be closed with no record kept.

6.2      The Chair must cast the deciding vote in the event of a tie.  No member hearing the appeal may abstain.

6.3      Having heard the appeal, the Committee may find:

6.3.1    in favour of the student under section 4.1.a or 4.1.b, and substitute its own finding or order a new hearing;

6.3.2    in favour of the student under section 4.1.c and vary the penalty;

6.3.3    in favour of the student under section 4.1.d and substitute its own finding or order a new hearing; or

6.3.4    against the student, confirming the original decision that remains unchanged.

6.4      If the Committee determines that discipline of the student is unwarranted, the University must, if possible, take steps to return the student to the position they would have been in had the appealed decision not been made.  The responsibility for this will fall to the Registrar.

6.5      The decision on an appeal must be communicated in writing to the student, the person, or body who imposed the penalty and the President in writing as soon as possible after the decision has been made, with reasons.  If SCODA recommends the revocation of a degree, that recommendation must be forwarded to Senate for action.

6.6      The decision of the Committee is final.

7.0      REPORTING

7.1      The Registrar or designate must maintain a statistical summary of cases handled through their offices each year, and these data must be included in the Annual Report to Senate on Student Discipline Matters.

7.2      In addition to the data referred to in section 6.1, the Annual Report on Student Discipline Matters must contain a summary of the UBSD Tribunal's findings, the President's decisions, SCODA's decisions, and the penalties imposed.  This report must be accessible to the University community and must be submitted to Senate for information except where the Tribunal, SCODA, or the President determine that cases or parts of cases should not be disclosed.  The Summary must not disclose the identities of the parties.  A set of decisions that does not disclose the identities of the parties must be maintained in the office of the Secretary of the UBSD and be available for review upon reasonable notice.

8.0      RELATED LEGAL AND POLICY AUTHORITIES

8.1      The legal and other University policy authorities that may bear on the administration of this policy and may be consulted as needed include, but are not limited to:

8.1.1          University Act;

8.1.2          Student Academic Integrity Policy (S 10.01);

8.1.3          University Board on Student Discipline (S 10.02);

8.1.4          Retention and Disposal of Student Exams and Assignments (I 10.09); and

8.1.5          Student Conduct Policy.

9.0      ACCESS TO INFORMATION AND PROTECTION OF PRIVACY

9.1      The information and records made and received to administer this policy are subject to the access to information and protection of privacy provisions of British Columbia’s Freedom of Information and Protection of Privacy Act and the University’s Information Policy series.  To the extent possible, the information and records will be treated in a confidential manner, in compliance with the Act and with applicable University policies.

9.2      A University employee who is involved in addressing or investigating a case of academic dishonesty, academic misconduct, or non-academic misconduct must:

9.2.1          make every reasonable effort to protect personal information and maintain confidentiality;

9.2.2          collect the minimum information about individuals that relates directly to and is necessary to respond to a case of academic dishonesty or academic misconduct, which is considered to be supplied in confidence;

9.2.3          use the information about individuals only for the purposes of, or those consistent with, addressing the situation, investigating, or taking action;

9.2.4          limit disclosure of information about individuals to those within the University who need to know to perform their duties; and

9.2.5          disclose personal information in all other circumstances only as permitted under the Freedom of Information and Protection of Privacy Act.

9.3      The University may disclose personal information where appropriate, including where:

9.3.1         it is needed to prepare or obtain legal advice for the University;

9.3.2         it uses the information for the purpose for which it was obtained or compiled for a use consistent with that purpose (for example, where it is necessary to fulfill its duty of procedural fairness); or

9.3.3         an employee needs the information to perform their duties.

10.0    RETENTION AND DISPOSAL OF RECORDS

10.1     Information and records made and received to administer this policy are evidence of the University’s actions to respond to academic dishonesty, academic misconduct, or non-academic misconduct.  Information and records must be retained and disposed of in accordance with a records retention schedule approved by the University Archivist.

10.2     The Registrar must destroy any record of a student’s alleged academic dishonesty, academic misconduct, or non-academic misconduct that may be held in the Office of the Registrar if the UBSD or SCODA determines that the discipline of the student was unwarranted.

11.0    POLICY REVIEW

11.1     This policy will be reviewed every five (5) years.

12.0    AUTHORITY

12.1     This policy is administered under the authority of the Vice-President, Academic and Provost.

13.0    INTERPRETATION

13.1     Questions of interpretation and application of this policy shall be referred to the Vice- President, Academic and Provost and the University’s General Counsel, who will jointly make a decision, which will be final.

Senate Committe on Disciplinary Appeals