Podcast
Questions and Answers
What is the first action the adjudicator may take after completing an investigation?
What is the first action the adjudicator may take after completing an investigation?
- Initiate an automatic appeal process
- Impose a sanction immediately
- Inform the student of the decision
- Dismiss the matter and offer a teachable moment (correct)
Which factor is NOT considered by the adjudicator when imposing a sanction?
Which factor is NOT considered by the adjudicator when imposing a sanction?
- The intent behind the misconduct
- The context in which the misconduct occurred
- The student's educational and cultural background
- The length of the student's academic record (correct)
How long does a student have to initiate an appeal after a decision by the adjudicator?
How long does a student have to initiate an appeal after a decision by the adjudicator?
- 5 working days
- 20 working days
- 15 working days
- 10 working days (correct)
What does an appeal to the Discipline Appeal Committee do to the adjudicator's decision?
What does an appeal to the Discipline Appeal Committee do to the adjudicator's decision?
Who comprises the Discipline Appeal Committee?
Who comprises the Discipline Appeal Committee?
Under what condition can the Chair of the Discipline Appeal Committee grant a review of a prior decision?
Under what condition can the Chair of the Discipline Appeal Committee grant a review of a prior decision?
How is the student informed of the adjudicator's decision?
How is the student informed of the adjudicator's decision?
What is the primary basis for the Discipline Appeal Committee to reconsider a decision?
What is the primary basis for the Discipline Appeal Committee to reconsider a decision?
Which factor is NOT considered when determining the penalty for academic misconduct?
Which factor is NOT considered when determining the penalty for academic misconduct?
What is the first step an instructor should take upon suspecting academic misconduct?
What is the first step an instructor should take upon suspecting academic misconduct?
If a student does not respond to an invitation to meet regarding a misconduct allegation, what should the instructor do next?
If a student does not respond to an invitation to meet regarding a misconduct allegation, what should the instructor do next?
In a departmentalized faculty, what happens after the Head reviews the documentation of a misconduct allegation?
In a departmentalized faculty, what happens after the Head reviews the documentation of a misconduct allegation?
Which of the following is an example of an aggravating factor in academic misconduct cases?
Which of the following is an example of an aggravating factor in academic misconduct cases?
What is one possible outcome during the preliminary review of the academic misconduct case?
What is one possible outcome during the preliminary review of the academic misconduct case?
What is one criterion that would be considered a mitigating factor in evaluating academic misconduct?
What is one criterion that would be considered a mitigating factor in evaluating academic misconduct?
Which of the following elements is most likely to have a significant impact on the determination of penalties for academic misconduct?
Which of the following elements is most likely to have a significant impact on the determination of penalties for academic misconduct?
What type of vote is required for the Discipline Appeal Committee to uphold a suspension or expulsion decision?
What type of vote is required for the Discipline Appeal Committee to uphold a suspension or expulsion decision?
What is the maximum time frame within which hearings of the Discipline Appeal Committee should commence after receiving an appeal?
What is the maximum time frame within which hearings of the Discipline Appeal Committee should commence after receiving an appeal?
What rights do parties have regarding their advisors during a hearing?
What rights do parties have regarding their advisors during a hearing?
How much notice must parties receive before a hearing of the Discipline Appeal Committee?
How much notice must parties receive before a hearing of the Discipline Appeal Committee?
What does the Discipline Appeal Committee consider when determining the sanction to be imposed?
What does the Discipline Appeal Committee consider when determining the sanction to be imposed?
What is the expectation regarding the exchange of evidence before the hearing?
What is the expectation regarding the exchange of evidence before the hearing?
What power does the Discipline Appeal Committee have in relation to deadlines?
What power does the Discipline Appeal Committee have in relation to deadlines?
What voting rights does the Chair of the Discipline Appeal Committee have?
What voting rights does the Chair of the Discipline Appeal Committee have?
What is defined as a learning opportunity where an instructor engages with a student informally?
What is defined as a learning opportunity where an instructor engages with a student informally?
Which individuals are included in the definition of 'Student' at the University of Windsor?
Which individuals are included in the definition of 'Student' at the University of Windsor?
In assessing potential misconduct, what should be considered when determining a teachable moment?
In assessing potential misconduct, what should be considered when determining a teachable moment?
What should be the focus when adjudicators are reviewing formal complaints?
What should be the focus when adjudicators are reviewing formal complaints?
What is the main purpose of incorporating teachable moments in the adjudication process?
What is the main purpose of incorporating teachable moments in the adjudication process?
What should be determined when there is potential misconduct that appears due to a lack of understanding?
What should be determined when there is potential misconduct that appears due to a lack of understanding?
Which entity is NOT considered a party in the adjudication process?
Which entity is NOT considered a party in the adjudication process?
When should the merits of misconduct cases be carefully assessed?
When should the merits of misconduct cases be carefully assessed?
What principles guide the Discipline Appeal Committee during hearings?
What principles guide the Discipline Appeal Committee during hearings?
What happens if a party fails to attend the hearing and does not provide a satisfactory explanation?
What happens if a party fails to attend the hearing and does not provide a satisfactory explanation?
Who bears the burden of proof in the proceedings before the Discipline Appeal Committee?
Who bears the burden of proof in the proceedings before the Discipline Appeal Committee?
Under what condition may procedural requirements be waived in the Discipline Appeal process?
Under what condition may procedural requirements be waived in the Discipline Appeal process?
What is the standard for the Discipline Appeal Committee's findings regarding misconduct?
What is the standard for the Discipline Appeal Committee's findings regarding misconduct?
What action may be taken if there are concurrent proceedings involving similar matters?
What action may be taken if there are concurrent proceedings involving similar matters?
What happens to audio recordings of hearings once the sanction expires?
What happens to audio recordings of hearings once the sanction expires?
What is the consequence if a student fails to respond to the complaint allegations?
What is the consequence if a student fails to respond to the complaint allegations?
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Study Notes
Teachable Moment
- A learning opportunity for a student.
- Instructor informally teaches a lesson or discusses the issue with the student.
- Used in lieu of formal complaint.
- More effective than formal complaints for education and mitigating repeat offenses.
- Adjudicators and the Discipline Appeal Committee should consider teachable moments during review and adjudication.
Allegations of Misconduct
- Assessed at every stage of the process.
- Determine whether an educational response (teachable moment) is appropriate.
- Determine need for further investigation or disciplinary measures.
- Consider:
- Relative weight of the assignment.
- Level of the student’s academic experience.
- Student’s acceptance of responsibility.
- Extenuating circumstances.
- Aggravating or mitigating factors.
- Impact of the offense on others.
Procedures in Cases of Academic Misconduct
- Step 1: Preliminary Review by instructor or supervisor.
- Informal meeting within 10 working days of discovering misconduct.
- Dismiss the matter or offer a teachable moment.
- Forward to the Head (departmentalized faculties) or adjudicator (non-departmentalized faculties).
- Step 2: Review by the Head (departmentalized faculties).
- Review documentation and dismiss the matter or hold a meeting within 10 working days.
- Step 3: Adjudication.
- Adjudicator decides whether to dismiss the matter or impose sanctions.
- Takes into consideration the factors mentioned in Allegations of Misconduct.
- Step 4: Appeal.
- Automatic right of appeal to the Discipline Appeal Committee within 10 working days.
- Appeal acts as a stay on the adjudicator's decision.
Discipline Appeal Committee
- Final and binding jurisdiction.
- Reconsideration based on evidence of a miscarriage of justice or new evidence.
- Composed of two faculty members and a student.
- Decisions made by majority vote, but unanimous required to uphold the suspension, expulsion, or exclusion of a student.
- May consider alternate sanctions.
- Takes into consideration whether the act of misconduct was a first or subsequent offense.
- Hearings commence within 60 calendar days of appeal filing.
- Parties have the right to an advisor or legal counsel, present evidence, and receive full disclosure of evidence.
- Not bound by laws of evidence for judicial proceedings.
- Burden of proof lies with the adjudicator.
- Decision based on evidence and arguments presented.
- Disciplinary penalties are not imposed solely on a student's failure to answer allegations, appear at hearings, or testify.
- Procedural requirements can be waived with written consent from both parties and the Chair.
- All hearings are audio-recorded and recordings are kept in confidence.
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