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Article 10. Academic Conduct Proceedings

Published by the TAMIU Division of Student Engagement

ARTICLE 10. ACADEMIC CONDUCT PROCEEDINGS

It is the policy of TAMIU that all faculty, administrators, staff, and students conduct themselves in a manner that is consistent with the values, integrity, reputation, and public trust of this University.

The TAMIU Honor Code provides employees and students notice of academic violation. It is the responsibility of TAMIU faculty, staff, administration, and students to be familiar with the information presented in the TAMIU Honor Code and to observe all provisions and procedures relating to the Code. Ignorance of this Code is not a defense to misconduct violations.

It is the mission of the TAMIU Honor Council to serve as a centralized system established to respond fairly to academic violations of the TAMIU Honor Code.

The Honor Council serves to provide faculty and students with a means by which they may report academic violation, to provide students with a means of appealing charges of academic violation, and to provide the Provost with recommendations regarding general academic sanctions or remedial efforts.

The Honor Council is the authority for the development and implementation of processes and procedures of the Honor System. Through the Office of Student Conduct and Community Engagement, this Council serves as the initial hearing body for cases involving academic integrity outside the scope of a course offered at TAMIU, and as an appellate body for students charged with violating the Honor Code during a course offered at TAMIU.  The Honor Council is also responsible for maintaining records and for coordinating communication, prevention, training, remediation, and adjudication efforts. All proposed revisions to Honor Code will be submitted to Faculty Senate for review.

The Honor Council reports to the Provost. The Honor Council consists of at least 10 full-time faculty members and 10 University students. Five members constitutes a quorum, of which at least two members from each constituency (faculty and students) must be represented. At the first meeting of each year, the Provost will appoint the Chair and the Honor Council student representatives will elect a Vice-Chair.  A faculty member will chair the Honor Council with the Director of SCCE (or their designee) serving as co-chair absent voting privileges, and the vice-chair shall be a student. The Director of Instructional Technology and Distance Education, the Testing Center Director, and the Director of Graduate Admissions and Recruitment serve as ex officio members.

Voting members include:

  1. At least 10 full-time faculty members (nine elected by the Faculty-at-large through the Faculty Senate elections process, 1 appointed by the Provost).
  2. At least 10 TAMIU students, including at least one graduate student (8 appointed by the VP of Student Engagement and 2 appointed by the Provost).
  3. Members must be elected and appointed by September 1st of each academic year. Faculty serve two-year terms; student members serve one-year terms.  Both faculty and student representatives may serve more than one term on the Honor Council.
  4. If faculty or student resigns or cannot complete term, a new member will be elected/appointed to finish the initial term.
  5. The Honor Council will hold general meetings as needed.
  6. General meetings and trainings are considered mandatory. In addition, all members are expected to attend at least one hearing per long-semester. Failure to adhere to mandatory general meetings and trainings will trigger a review of membership by the Honor Council.
  7.  A member may not vote when a case is considered a conflict of interest or may not be fair and impartial due to the nature of the case.

The Honor Council may consult with the TAMUS legal representative through the Office of the Provost as needed. A legal representative from the TAMUS will serve on the council in situations where there are obvious legal issues and concerns.

Members of the Honor Council are expected to attend all general meetings and trainings. Members must also fulfill the following duties:

  1. Serve as an educator – inform students, faculty, staff, and administrators about the TAMIU Honor System and its mission and policies; promote academic integrity on campus.
  2. Serve as a hearing panel member – hear all information and render decisions on whether a student is responsible for violation. If the student is found responsible for the violation, the Honor Council will issue a proportional and educational sanction. Members must participate in at least one hearing per long semester.
  3. Serve as a case investigator – investigate and gather information with reporter(s), witness(es), and alleged violator(s) as coordinated with the Office of Student Conduct and Community Engagement.  This duty will include the ability to request information in writing from faculty, witness(es), and alleged violator(s) as is necessary to ensure a fair hearing.

The duties of the Chair will be to call regular meetings, conduct meetings, serve as the official liaison with the SCCE Office, and provide leadership to the Council:

  1. The Chair shall be selected from the faculty members of the Honor Council.
  2. The Chair will present all cases to the Honor Council and shall call a hearing to order.
  3. Should the Chair be unable to meet their obligations, the Chair or Provost will designate a Chair Pro-temp, which must be a faculty Honor Council member.
  4. The Vice-Chair shall be selected from the student members of the Honor Council.
  5. The Vice-Chair role is to serve as the voice for the Honor Council student members.

In coordination with the Honor Council, the SCCE Office will confer with the Chair of the Honor Council to assess current academic cases involving students and will serve as the facilitator and investigator of information.  The SCCE Office will:

  1. Gather information based on submission of the Sanction Letter, and supporting documents submitted by the faculty member.
  2. Provide notification of hearing date and time to student upon receiving notice from the student requesting a hearing by the Honor Council and letter of acknowledgement by SCCE.
  3. Administer a Judicial Hold on the student file while the case is adjudicated and sanctions are imposed and/or in accordance with the Standard Administrative Procedures 11.99.02.L0.01.  
  4. Serve the role of record keeper and case manager for all Honor Council meetings and/or hearings.
  5. Notify the student of the outcome of the Honor Council meeting.
  6. Include the faculty member, department/division Chair, Dean, and Provost as recipients of both the initial letter to the alleged student respondent and the final outcome notification letter. Other University administrators with a legitimate-right-to-know will also be notified of outcome.
  7. Develop, implement and coordinate Honor Council trainings.

If the student fails to respond to the letter, the student waives their right to a hearing by the Honor Council, and the SCCE Office will retain the case for record. Student appeals of original allegation of academic violation must be submitted in writing within 10 University business days to the SCCE Office for Honor Council review.

Faculty (meaning any individual listed as the teacher of record for a course at the University, including adjuncts), administrators, and staff share in the responsibility and authority to challenge and make known acts that violate the TAMIU Honor Code.

Faculty are expected to take proactive steps to promote academic integrity including, but not limited to:

  1. Adding language to their syllabi describes prohibited academic behavior and the consequences for misconduct.
  2. Having an open discussion about academic integrity with students in their courses early in the semester.
  3. Reporting academic violation, as required by the TAMIU Faculty Handbook.
  4. Enforcing specified grade penalties for cheating or plagiarism, as outlined in their syllabi or as required by their department, college, or the TAMIU Faculty Handbook.

Upon finding a violation of the Honor Code, a faculty member has the responsibility to:

  1. Assess the situation and impose an academic sanction on the student.
  2. Send a sanction letter to the student’s TAMIU email account, within 10 University business days of the discovery of the alleged violation and arrange for a conference with the student, if at all possible.
  3. Copy the Provost, Chair, and Dean of the department, the Office of the Registrar, the Dean of the Graduate School (if the student is in graduate school), and the SCCE Office on the sanctioning letter (email).
  4. Submit copies of course-work, and the source of academic violation, to the SCCE Office through the “Report It” system online within 10 University business days of the discovery of the alleged violation.

All breaches of the Honor Code and violations of academic integrity must be reported to the SCCE Office through the Reporting System (http://www.tamiu.edu/reportit) within 10 University business days of the discovery of the alleged violation.

Academic administrators and staff are expected to take proactive steps to promote academic integrity including, but not limited to: 

Academic administrators and staff are expected to provide support to the faculty and the students in enforcing the Honor Code. Specifically, they should encourage faculty to be proactive in informing students about the Honor Code and in teaching students appropriate ways to conduct and acknowledge research. Academic Administrators should also provide strong support to faculty who are appropriately and fairly enforcing the Honor Code. Staff, which includes graduate assistant teaching (GAT), graduate assistant research (GAR) and graduate assistant non-teaching (GANT), must report allegation of academic violation to the faculty of record in which the alleged misconduct occurred.

Information shared with the Office of Student Counseling and Disability Services is confidential.


 

Students must report academic violation to the Honor Council through the SCCE Office or to the faculty of the course in which the alleged violation occurred.  Initiating formal procedures is a necessary and obligatory remedy when other methods are inappropriate or have failed (e.g., drawing attention to a suspected violation, peer pressure, etc.). 

If a student is alleged to have violated the Honor Code but the class, department, and faculty cannot be identified, charges may be brought by anyone who has knowledge of the violation.

Intentionally false reports of academic violation is a violation of the Honor Code which will be adjudicated by the Honor Council.

There are three student-reporting formats for the Honor Code violations: (1) general reporting, (2) confidential reporting, and (3) anonymous reporting.  Each reporting format will initiate some action by the Honor Council and can potentially lead to the initiation of a case. All reports must be made in writing.

  1. General Reporting - General reporting constitutes a submission of a report in which the reporting party is willing to fully identify him/herself to all involved in the case. This is the preferred reporting format and will ensure that all facts are obtainable.
  2. Confidential Reporting - Confidential reporting constitutes a submission of reports in which the reporting parties are willing to provide their names to faculty and/or the Honor Council but wish to have their names remain confidential through the proceedings of the case. Confidential reporting allows faculty and/or the Honor Council to contact the reporting party to gather further information when necessary.
  3. Anonymous Reporting - Anonymous reporting constitutes a submission of a report in which the reporting party desires to remain anonymous. This report will be considered a tip and handled as such. The reporting party will not be identifiable and cannot be contacted for further information on the case. An anonymous tip is not sufficient ground to initiate a charge; however, the tip can initiate an investigation.

The student will receive a notification via University email or in person informing the student that an academic violation charge has been brought against them.  Other forms of communication will be used when necessary or appropriate.

The SCCE Office will schedule an appointment with respondent to obtain an account of the events. The following will then occur:

  1. A Student Conduct Administrator will meet with the student to explain the charge.
  2. A Student Conduct Administrator will discuss the student’s rights and responsibilities.
  3. A Student Conduct Administrator will explain the academic violation process.
  4. A Student Conduct Administrator will hear any statement that student may wish to make for case file or Honor Council review.
  5. Should the student respondent accept responsibility during the course of the meeting with faculty or Student Conduct Administrator, the respondent waives their right to an appeal.

Recognizing that participating in the student academic violation process can be a challenging experience for any student, a student can seek the assistance of an advisor. An advisor must be an administrative official, faculty member, or student of the University unless otherwise allowed by the Honor Council at the Council’s discretion.  More information on the advisor’s role is described below.

The advisor, upon request of the student, may:

  1. Advise the student in the preparation of information relevant to the case.
  2. Accompany the student to all academic violation proceedings.
  3. Advise the student in the preparation of an academic appeal.
  4. Not speak for the respondent.

All charges shall be presented to the student respondent in written form via University e-mail. The student respondent will be given 10 University business days to request an Honor Council Hearing as of the date of the faculty and/or SCCE notice, whichever comes first. 

Honor Council appeal hearings will be conducted by the following procedures:

  1. The advisor role:
    1. The student respondent has the opportunity to be assisted by an advisor they choose, at their own expense and in accordance with Section 10.13.
    2. Advisors are not permitted to represent any student at an Honor Council appeal hearing.  An advisor may be present and communicate with the student but shall not address the Honor Council at the appeal hearing. Request for advisor to be present must be done so in writing a minimum of three University business days before the scheduled appeal hearing.
    3. Students who are charged in the same fact pattern, or who are not in good disciplinary standing with the University are not eligible to serve as an advisor at Honor Council appeal hearings.
    4. The respondent is responsible for presenting their own information. Therefore, a student should select an advisor whose schedule allows attendance at the scheduled date and time for the Honor Council appeal hearing.  Appeal hearings will not be delayed due to scheduling conflicts of an advisor.  
    5. The respondent, the faculty member, and the SCCE Office (on behalf of Council) may arrange for witnesses to present pertinent information to the Chairperson.  Witnesses may provide this information to and answer questions from the Chairperson, SCCE, and student respondent. Character statements shall be accepted in written form only.
  2. Relevant records, exhibits, student impact statements and other written statements may be offered as information for consideration at the discretion of the chairperson.  The student may appear in person to the Honor Council appeal hearing.
  3. The Honor Council may ask additional questions of student respondent in regards to their testimony.
  4. All procedural questions are subject to the final decision of the chairperson.
  5. After all relevant information has been received, the hearing panel will deliberate in private.
  6. The focus of inquiry in Honor Council appeal hearings shall determine whether a violation of the Honor Code has occurred. Determination is by majority vote.
  7. In some instance, the Honor Council will serve as the complainant of an academic violation. In such circumstances, the appeal will be reviewed by the Provost (or designee).
  8. There shall be a single record of all Honor Council appeal hearings and deliberation. The record shall be the property of the University.
  9. If a respondent does not appear at an Honor Council appeal hearing, the information in support of charges will be presented, considered, and a decision will be made. Concerns for the safety, well-being, and/or fears of confrontation during the hearing may be made at the discretion of the Chair.
  10. The respondent and advisor may attend the entire Honor Council appeal hearing except the private deliberations of the Council. The Chairperson may remove a student or advisor for disruptive behavior. 
  11. A finding of responsibility may not be based on a respondent who chooses not to appear before an Honor Council appeal hearing.
  12. The Council will deliberate in private and notify student of the decision within 10 University business days.  
  13. The student may accept or appeal the Honor Council’s decision. An appeal must be submitted in writing to the Provost within 10 University business days of Honor Council notice of decision.
  14. If the student accepts the Honor Council’s decision, the case is closed.

Academic integrity is fundamental to health and success of the University and the TAMIU community. Academic violation constitutes a serious offense. Sanctions for academic violation should reflect the importance of this bedrock principle, balancing individual accountability with the educational purpose of the sanction.

A wide range of sanctions can be utilized to redress findings of responsibility for academic violation.

Faculty members alone are responsible for assigning grade penalties in their courses for violations of the Honor Code.

  1. The following are possible sanctions for academic violation within a single course.  These are non-binding recommendations. Faculty retains the right to assign grade penalties as deemed appropriate for their course.
    1. 1000 or 2000 level course with a first violation, a grade penalty of an “F” or “0” on the assignment or exam if faculty deems the violation a result of a misunderstanding of the requirements of proper documentation.
    2. 1000 or 2000 level course with a first violation, a grade penalty of an “F” in the course if faculty deems the violation a result of a deliberate attempt to deceive and not a result of misunderstanding of proper documentation.
    3. 1000 or 2000 level course with a second violation in the same course, grade penalty of an “F” in the course.
    4. 3000 or 4000 or graduate level course with a first violation, grade penalty of an “F” in the course.
  2. If the faculty member determines that assigning a grade of “F” to the course is the appropriate penalty and this action is reported to the SCCE Office prior to the deadline for dropping courses in the stated semester, the student forfeits their right to drop the course in question.
  3. The Provost will suspend or expel a student in a Graduate or PhD level course with a first violation.

A student may face general sanctions in addition to any grade penalty imposed by a faculty member. The Honor Council may make a request to the Provost that one of the following actions outlined below be taken. The Honor Council request must be made within 10 University business days of receiving the faculty member’s report. The Provost will notify the student within 10 University business days (except under unusual circumstance) of receiving the request of the Honor Council.

  1. Any undergraduate student in any level course who is reported for a second offense will automatically have their case reviewed by the Honor Council for possible assessment of additional sanctions, regardless of whether the student appeals the accusation of academic violation or not.
  2. In all cases in which there are multiple reports against an individual student, the Honor Council will initiate a new incident report for which said student will have the same rights of appeal as in any other reported academic violation.
  3. Any graduate student who is reported for a first offense will have their case reviewed by the Honor Council to assess if additional charges and sanctions will be imposed. The graduate student will have the same rights of appeal as in any other reported academic violation.
  4. For a student in a 1000 or 2000 level course with a second violation or a second offense in the same semester, the standard sanction shall be the grade penalty of an “F” in the course and the student may face suspension for one long semester (fall or spring).
  5. For a student in a 3000 or 4000 level course with a second violation or a second offense in the same semester, the standard sanction shall be the grade penalty of an “F” in the course and the student will be suspended for one academic year (including summer).
  6. For a graduate student with a first violation, the standard sanction shall be the grade penalty of an “F” in the course and suspension for one academic year (including summer). Refer to the Graduate Handbook.
  7. For a student with violations beyond those stipulated in points C-E above, the standard sanction shall be the grade penalty of an “F” in the course and expulsion from the University.

The recommendations below are additional potential sanctions that a student found responsible for academic violation may face.

  1. Recommendation to the Provost for expulsion of the student from the specific program of study or from the University.
  2. Recommendation to the Provost for Honor Code suspension of the student from the specific program of study or from the University.
  3. Probation for academic violation with a statement of the consequences for additional infractions and a description of the conditions, which must be met to end probationary status.
  4. Required completion of an appropriate training or remediation program, whether or not probationary status is imposed.
  5. Other sanctions as deemed necessary.

A student who is on “Honor Code Probation” is subject to the following restrictions:

  1. Ineligibility to hold an office in any recognized student organization recognized by the University or to hold any elected or appointed position within the University.
  2. Ineligibility to compete in intercollegiate athletic activity.
  3. Ineligibility to represent the University in any capacity, including representing the University at any official function.
  4. Ineligibility to receive a university-administered scholarship or fellowship when the “Honor Code Probation” is in place for longer than one semester.

Additional restrictions or conditions also may be imposed, depending on the timing, nature and severity of the misconduct. Examples are inability to pre-register, to receive an official transcript, or to participate in commencement exercises.

The Honor Council will disclose the outcome to persons who meet the definition of a school official who has a legitimate educational interest in the record and/or who are performing a task that is specific to the sanction imposed.

A student who is found responsible for an Honor Code violation, assessed a sanction, and has yet to appeal, has 10 University business days from the date of notification of outcome to file an appeal of the findings. The appeal must be stated in writing. The chair will determine if the appeal merits a hearing.

Faculty alone is responsible for assigning grade penalties in their courses for violations of the Honor Code. A student’s appeal of a faculty member’s charge of academic violation must be based on one of the following reasons:

  1. Insufficient or misinterpreted evidence that led to the initial finding of the violation of the Honor Code.
  2. Substantial new evidence not available at the time of the original faculty decision. In this case, the Honor Council will consider new information that is sufficient to alter a decision, or other relevant facts not known to the person appealing at the time of the original hearing.

The Honor Council will hear the appeal and assess a finding of “responsible” or “not responsible” of academic violation. The Honor Council will notify the student, the faculty member, the chair of the department, the dean and the Provost of its findings. If the Honor Council assesses a finding of “responsible,” the student may appeal following the appeal process defined below.

The Honor Council will disclose its determination of the academic appeal to school officials who have an educational interest in the finding or sanction.

Where Honor Council upholds the faculty member’s original charge, a request for appeal may be made in writing to the provost.  The request must be submitted within 10 University business days after notification of the Honor Council’s decision.

There are three grounds for an appeal:

  1. Substantial new evidence: The Provost will consider new information that is sufficient to alter a decision, or other relevant facts not known to the person appealing at the time of the original hearing.
  2. Procedural irregularities: The Provost will determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures giving the accused student a reasonable opportunity to prepare and present rebuttal of allegations.
  3. The sanction is not commensurate with the violation: The Provost will determine whether the sanction(s) imposed by the Honor Council were appropriate for the violation of the Honor Code, which the student was found to have committed.

After receiving the written request for an appeal, the Provost (or designee) may:

  1. Deny the request for an appeal and the Honor Council decision will be final.
  2. Accept the appeal and ask the Honor Council to reconvene and hear the case again with the new information.
    1. If the Provost grants the appeal upon a procedural irregularity, the Provost can reverse the decision.

If the Provost or a designee finds that there is adequate basis for an appeal:

  1. The Provost will hear the case and render a decision.
  2. The Provost’s decisions are final.

A student who receives a sanction of expulsion, dismissal, or suspension by the Honor Council of an appeal has 10 University business days upon receiving notification from the University to appeal sanction.

  1. The Provost will hear the case and render a decision.
  2. THE SCCE OFFICE will notify the student of the decision rendered by the Provost.
  3. The decision of the Provost is final.

Office of Student Conduct and Community Engagement
Student Center (STC) 226
5201 University Boulevard Laredo, Texas 78041
Email: scce@tamiu.edu
Phone: 956.326.2265

Fall Office Hours:
Monday - Friday – 8 a.m. to 5 p.m.
Saturday & Sunday - CLOSED