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Confronting Academic Dishonesty

The information on this Web page is provided to assist you in confronting academic dishonesty and, in particular, responding to suspected incidents of this misconduct. At any point during that process, you are welcome to consult with Student Judicial Services (471-2841) regarding concerns or questions about the established procedures or other matters.

Note: The official University policies concerning scholastic dishonesty and the disciplinary process are outlined in Chapter 11 of the Institutional Rules on Student Services and Activities, which may be found in Appendix C of the General Information catalog.

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Responsibility of Faculty Members

Confronting academic dishonesty is the shared responsibility of both faculty members and students. Although you and other faculty members are called upon to play a greater role in that process, many students at the University are becoming increasingly concerned about scholastic dishonesty in their classes and seriously interested in eliminating cheating and other forms of academic misconduct on this campus.

Teaching assistants, graduate assistants, and proctors also play an important role in addressing academic dishonesty, and are often the first individuals to identify or observe suspected violations. With that in mind, you should emphasize to them the importance of promptly notifying you of any such incidents and providing you with the supporting evidence, including detailed accounts of their observations. But you, as the faculty member, are the only person authorized to either resolve the disciplinary matter with one of your students through a Faculty Disposition or refer an unresolved matter of this nature to the Office of the Dean of Students through a Referral to Student Judicial Services. (Refer to Flow Chart of Discipline Process.)

Guidelines for Faculty Members

If you have reason to believe that a scholastic violation has occurred, gather all pertinent evidence such as tests or other academic assignments (e.g., reports, computer programs, papers, etc.) along with any additional relevant materials and, if applicable, identify possible witnesses.

During an exam, if applicable, you may remove any unauthorized materials and/or ask a student suspected of cheating to move to another desk, but you must permit the student to complete the exam in question.

Also, because an accused student may refute an allegation of academic dishonesty or appeal a penalty decision, the student must be allowed to attend all classes and complete all assignments until due process has been afforded and related procedures have been completed. If the matter remains unresolved at the end of a semester (or summer session), you must assign a grade of "Incomplete" to the student.

Meeting with the Student

As a general rule, you should first meet with the student(s) involved and discuss the alleged violation in conjunction with any supporting evidence. The student should likewise be given the opportunity to respond to the allegation and also present evidence in his or her defense. In this meeting, every effort should be made to preserve a professional teacher-student relationship.

The student must be informed of his or her right to a hearing before a University hearing officer and the right to appeal the penalty decision to the President through the Office of the Dean of Students. This is an essential step. (For more information, see The Rights of the Student.)

Unless you dismiss the allegation, you should proceed to resolve the matter with the student formally through either a Faculty Disposition or Referral to Student Judicial Services, depending on which option the student chooses. (For an overview of the procedures, see Flow Chart of Discipline Process.)

Faculty Disposition

The student can choose not to dispute your findings regarding the alleged violation and, in writing, waive his or her right to a hearing and accept your proposed Faculty Disposition, which must be reported on a Faculty Disposition form signed by both you and the student. A Faculty Disposition Form may be downloaded here or obtained from Student Judicial Services (471-2841). While this resolution does include the penalty (or penalties) you will assess, the student may appeal the penalty (or penalties) to the President through the Office of the Dean of Students within fourteen (14) days of signing the Faculty Disposition form. Listed below are the only penalties that a faculty member can assess:

Forward the completed, signed Faculty Disposition form to Student Judicial Services along with any originals (or photocopies if originals are unavailable) of the relevant materials such as crib notes, exam papers, plagiarized materials, or other supporting evidence.

Generally, no additional action is taken, and the Faculty Disposition is placed in a confidential file. (For information on such records, see The Student's Discipline Record.) Student Judicial Services does, however, review each Faculty Disposition to determine if the circumstances warrant further action. Additional penalties are routinely considered in accordance with established procedures if the student has been involved in other violations, if the instructor has recommended an additional penalty, or if the seriousness of the violation dictates this response. Certain types of misconduct, such as substituting for a student during an exam, permitting someone to do that on one's behalf, or altering academic records, have often resulted in the penalty of suspension. For these matters or other situations in which you wish to recommend a penalty of suspension, please contact Student Judicial Services.

Note: In suspected incidents involving multiple parties, you may determine that there are differing levels of accountability. If so, assess penalties accordingly to the students who accept a Faculty Disposition, and refer to Student Judicial Services the disciplinary matters of those students who decline that resolution. At this point, it would be premature to inform any other students in the same group that their matters are being dismissed, even if you believe that they committed no wrongdoing. Decisions regarding their accountability should only be made after Student Judicial Services has completed an investigation of the alleged misconduct.

Referral to Student Judicial Services

The student can, of course, choose to dispute your finding of violation or decline to waive his or her right to a hearing, at which point you must refer the matter to Student Judicial Services.

No penalty should be assessed at this time. And if the disciplinary matter remains unresolved at the end of the semester (or summer session), you should assign a grade of "Incomplete" to the student.

A Discipline Referral Form may be downloaded here or obtained from Student Judicial Services (471-2841). The Discipline Referral should include a written summary of the allegation, penalty recommendation (if any), and supporting evidence such as crib notes, exam papers, plagiarized materials, or other relevant items (originals if available; otherwise, photocopies).

Student Judicial Services investigates the matter further and determines whether or not the evidence supports a finding that the student violated the Institutional Rules. If so, the student may choose to resolve the matter administratively, waiving his or her right to a hearing and accepting the penalty assessed by Student Judicial Services (Administrative Disposition), or elect to dispute the findings at a University disciplinary hearing.

Very few disciplinary matters are usually resolved through hearings. But if a hearing is conducted, Student Judicial Services makes the necessary arrangements and preparations for the proceeding. Whenever an accused student is advised by an attorney, the University may be advised by an attorney from the Office of General Counsel of the UT System. The time required of a faculty member for a hearing varies depending on the details and complexity of the matter. A hearing officer (one of several faculty members appointed by the President to hear discipline cases) determines whether or not the evidence supports a finding that the student violated the Institutional Rules and, if so, assesses a penalty deemed appropriate.

With either an Administrative Disposition or a University hearing, the student may appeal to the President. If the disciplinary matter is resolved administratively, the student may appeal the assessed penalty within fourteen (14) days of that resolution. If the disciplinary matter is resolved through a hearing, the student or Dean of Students may appeal both the findings and penalty within fourteen (14) days after being notified of the hearing officer's decision.

Why Are Such Procedures Necessary?

You may wonder why attention to the outlined procedures is necessary, particularly when it is obvious (or at least appears to be obvious) that a student has cheated.

One reason is rooted in the consistent judicial interpretation of the guaranteed due process of law under the Fourteenth Amendment of the U.S. Constitution. Unlike the highly subjective process of evaluating the quality of a student's performance on assignments, which has been afforded considerable judicial deference, an allegation of academic dishonesty is an assertion that a person has violated a University rule. Whether or not that assertion is true is a fact to be established, not assumed, even when such an assumption seems quite reasonable.

Confronting what appears to be impermissible behavior is certainly appropriate. But keep in mind that many students have difficulty acknowledging their involvement in academic dishonesty and may deny any wrongdoing, even when reportedly "caught in the act." Some students, in fact, are incredibly contentious despite compelling evidence against them. And students facing probable suspension (likely for repeated and/or egregious violations) may feel that they have nothing to lose in challenging allegations, notwithstanding the evidence. Students may also be inclined to shift the focus from the evidence of their misconduct to any possible missteps by the University in the disciplinary process.

Not surprisingly, courts have remained insistent that colleges and universities, at a minimum, follow their own procedures. Those in effect at The University of Texas at Austin have been designed to protect the interests of students, faculty members, administrators, and the institution. Fortunately, evidence so convincing to substantiate an on-the-spot determination that a student is cheating should remain sufficiently compelling after the incident if the accused student disputes the allegation.

In short, observing the established procedures for student disciplinary matters is essential, even if the outlined steps appear to be unnecessary and burdensome requirements for reaching an inevitable conclusion. Such legalities may at times cause understandable frustrations, but they are realities under which we are obligated to function. As a practical matter, however, following the proper steps rarely prevents us from arriving at an appropriate outcome. Our goal is to do so in a manner that is beyond reproach. This, of course, requires a collaborative effort by all of us at the University who place a high value on academic integrity.