- Procedures for Imposition of Sanctions
4.1. Determination on academic vs. disciplinary sanction.
The Academic Integrity Officer shall determine whether to seek a disciplinary sanction in addition to an academic sanction. In making this determination, the Academic Integrity Officer shall consult with the faculty member who initiated the case and may consult with student affairs and/or academic affairs administrators as needed. Before determining which sanction(s) to seek, the Academic Integrity Officer also shall consult the student’s confidential academic integrity file, if any, to determine whether the student has been found to have previously committed a violation of the Academic Integrity Policy, the nature of the infraction, and the sanction imposed or action taken. Prior violations include both violations at the student’s current college and violations that occurred at any other CUNY college. In making the determination on prior violations, the Academic Integrity Officer shall determine whether the student previously attended any other CUNY college and, if so, shall request and be given access to the academic integrity file, if any, at such other CUNY college.
The Academic Integrity Officer should seek disciplinary sanctions only if (i) there is a substantial violation; (ii) the student has previously violated the Policy; or (iii) academic sanctions may not be imposed because the student has timely withdrawn from the applicable course. Examples of substantial violations include but are not limited to: forging a grade form or a transcript; stealing an examination from a professor or a university office; having a substitute take an examination or taking an examination for someone else; having someone else write a paper for the student or writing a paper for another student; sabotaging another student’s work through actions that prevent or impede the other student from successfully completing an assignment; and violations committed by a graduate or professional student or a student who will seek professional licensure. The college also should consider any mitigating circumstances in making this determination.
4.2. Procedures in Cases Involving Only Academic Sanctions.
4.2.1. Student Admits to the Academic Dishonesty and Does Not Contest the Academic Sanction.
If a faculty member wishes to seek only an academic sanction (i.e., a reduced grade) and students do not contest either their guilt or the particular reduced grade the faculty member has chosen, then the student shall be given the reduced grade, unless the Academic Integrity Officer decides to seek a disciplinary sanction. The reduced grade may apply to the particular assignment as to which the violation occurred or to the course grade, at the faculty member’s discretion. A reduced grade may be an “F” or another grade that is lower than the grade that the student would have earned but for the violation. The faculty member shall inform the Academic Integrity Officer of the resolution via email and the Officer shall update the applicable Faculty Report Form to reflect that resolution.
4.2.2 Student Admits to the Academic Dishonesty but Contests the Academic Sanction.
In a case where a student admits to the alleged academic dishonesty but contests the particular academic sanction imposed, the student may appeal the academic sanction through the college’s grade appeal process. The student shall be allowed, at a minimum, an opportunity to present a written position with supporting evidence. The committee reviewing the appeal shall issue a written decision explaining the justification for the academic sanction imposed.
4.2.3. Student Denies the Academic Dishonesty
In a case where a student denies the academic dishonesty, a fact-finding determination shall be made, at each college’s option, by an Academic Integrity Committee established by the College’s governance body or by the Student-Faculty Disciplinary Committee established under Article XV of the CUNY Bylaws. Each college’s Academic Integrity Committee shall adopt procedures for hearing cases. (If a college opts to use its Student-Faculty Disciplinary Committee for this purpose, that Committee shall use Article IX procedures.) These procedures, at a minimum, shall provide students with (i) written notice of the charges against them; (ii) the right to appear before the Committee; and (iii) the right to present witness statements and/or to call witnesses. Those procedures also shall provide the faculty member with the right to make an appearance before the Committee and/or present supporting documents. The Committee may request the testimony of any witness and may permit any such witness to be questioned by the student and by the administrator presenting the case. Academic Integrity Committees and Student-Faculty Disciplinary Committees, as applicable, shall issue written decisions and send copies of their decisions to the college’s Academic Integrity Officer. The Academic Integrity Officer may not serve on a college’s Academic Integrity Committee.
4.3. Procedures in Cases Involving Disciplinary Sanctions.
If the college decides to seek a disciplinary sanction, the case shall be processed under Article XV of the CUNY Bylaws. If the case is not resolved through mediation under Article XV, it shall be heard by the college’s Faculty-Student Disciplinary Committee.
If the college seeks to have both a disciplinary and an academic sanction imposed, the college shall proceed first with the disciplinary proceeding and await its outcome before addressing the academic sanction. The student’s grade shall be held in abeyance by using the PEN grade established for this purpose, pending the Committee’s action. If the Faculty-Student Disciplinary Committee finds that the alleged violation occurred, then the faculty member may reflect that finding in the student’s grade. The student may appeal the finding in accordance with Article XV procedures and/or may appeal the grade imposed by the faculty member in accordance with section 4.2.2. If the Faculty-Student Disciplinary Committee finds that the alleged violation did not occur, then no sanction of any kind may be imposed.
Where a matter proceeds to the Faculty-Student Disciplinary Committee, the Academic Integrity Officer shall promptly report its resolution to the faculty member and file a record of the resolution in the student’s confidential academic integrity file, unless, as explained below, the suspected violation was held to be unfounded.
4.4. Required Action in Cases of No Violation
If either the Academic Integrity Committee or the Faculty- Student Disciplinary Committee finds that no violation occurred, the Academic Integrity Officer shall remove all material relating to that incident from the student’s confidential academic integrity file and destroy the material.