Introduction:
As described in the Marshall University Creed, Marshall University is an “Ethical
Community reflecting honesty, integrity and fairness in both academic and extracurricular
activities.
”Academic Dishonesty is something that will not be tolerated as these actions are
fundamentally opposed to “assuring the integrity of the curriculum through the maintenance
of rigorous standards and high expectations for student learning and performance”
as described in Marshall University’s Statement of Philosophy.
A student, by voluntarily accepting admission to the institution or enrolling in a class
or course of study offered by Marshall University accepts the academic requirements and
criteria of the institution. It is the student’s responsibility to be aware of policies regulating
academic conduct, including the definitions of academic dishonesty, the possible
sanctions and the appeal process.
For the purposes of this policy, an academic exercise is defined as any assignment,
whether graded or ungraded, that is given in an academic course or must be completed
toward the completion of degree or certification requirements. This includes, but is not
limited to: Exams, quizzes, papers, oral presentations, data gathering and analysis, practica
and creative work of any kind.
Definitions of Academic Dishonesty
Below are definitions of some common types of academic dishonesty. Each instructor
may modify the general definition of academic dishonesty to fit the immediate academic
needs within that particular course of study, provided the instructor defines, in writing and
preferably in the course syllabus, the details of any departure from the general definition.
Cheating: Any action which if known to the instructor in the course of study would be
prohibited. This includes:
· The unauthorized use of any materials, notes, sources of information, study aids
or tools during an academic exercise.
· The unauthorized assistance of a person other than the course instructor during
an academic exercise.
· The unauthorized viewing of another person’s work during an academic exercise.
· The unauthorized securing of all or any part of assignments or examinations, in
advance of submission by the instructor.
Fabrication/Falsification: The unauthorized invention or alteration of any information,
citation, data or means of verification in an academic exercise, official correspondence
or a university record.
Plagiarism: Submitting as one’s own work or creation any material or an idea wholly
or in part created by another.
This includes:
· Oral, written and graphical material.
· Both published and unpublished work
It is the student’s responsibility to clearly distinguish their own work from that created
by others. This includes the proper use of quotation marks, paraphrase and the
citation of the original source. Students are responsible for both intentional and
unintentional acts of plagiarism.
Bribes/Favors/Threats: Attempting to unfairly influence a course grade or the
satisfaction of degree requirements through any of these actions is prohibited.
Complicity: Helping or attempting to help someone commit an act of academic dishonesty.
Sanctions:
Sanctions for academic dishonesty may be imposed by the instructor of the course, the
department chairperson, or the Academic Dean. Sanctions for academic dishonesty may
be imposed even if a student withdraws from an individual course or from the university
entirely.
The instructor may impose the following sanctions:
· A lower or failing project/paper/test grade,
· A lower final grade,
· Failure of the course
· Exclusion from further participation in the class (including laboratories or clinical
experiences)
The following sanctions may be recommended by the instructor but will need to be
imposed by the department chair, academic dean or the Office of Academic Affairs:
· Exclusion from an academic program
· Academic probation for up to 1 year
· Academic suspension for up to 1 year
· Dismissal from the university.
In those cases in which the offense is particularly flagrant or where there are other
aggravating circumstances, additional, non-academic, sanctions may be pursued through
the Office of Judicial Affairs.
A student will be informed in writing by the instructor or responsible office, of any
charges and subsequent sanctions imposed for academic dishonesty (See “Reporting”
below). Written notification of academic dishonesty charges (and the inclusion of confirmed
charges/sanctions in a student’s records) is designed to inform a student of the
potential repercussions of repeat offenses and his/her rights of appeal.
If a student believes that charges of academic dishonesty have been erroneously
levied, he/she should appeal such charges in accordance with the process outlined below
(See “Appeals Process”).
Sanctions for repeated academic dishonesty offenses will be imposed by the Office of
Academic Affairs after consultation with the appropriate department chairs and deans.
· A student’s record of academic dishonesty offenses will be maintained throughout
their enrollment at Marshall University, and the period of time between offenses
may have no impact on sanctions for repeated offenses.
· A student with a second academic dishonesty offense during his/her enrollment
at Marshall University will be academically suspended for a period of time not to
exceed one academic year (to include summer terms).
· A student with a third academic dishonesty offense during his/her enrollment at
Marshall University will be dismissed from the university.
Reporting:
Any time an accusation of academic dishonesty is made, and a sanction imposed (or a
sanction will be imposed with the submission of final grades), a notice should be sent to
the Office of Academic Affairs within ten (10) days of the accusation.
Notice of an act of academic dishonesty will be reported to the Office of Academic
Affairs through the completion of an “Academic Dishonesty Report Form.”
The “Academic Dishonesty Report Form” will include:
Instructor’s Name
Course Information (Term, Number, Section)
Student’s Name
Student’s University Identification Number
Brief Description of the Charge
Date of Accusation
Brief Description of the Sanction
Instructors are encouraged to give a copy of the “Academic Dishonesty Report Form”
to a student accused of an offense. However, within ten (10) days of receipt of the
“Academic Dishonesty Report Form” the Office of Academic Affairs will inform the student
and the student’s dean of the accusations made, the sanctions prescribed, the repercussions
of repeat offenses, and his/her rights of appeal.
A copy of the report will go into the student’s college file.
Any subsequent actions taken (additional sanctions imposed, the lessening of sanctions,
the withdrawal of accusations, the results of appeals, etc.) should be reported to the
Office of Academic Affairs within ten (10) days of the action.
Recording:
The Office of Academic Affairs will maintain a file of academic dishonesty incidents.
These will be reported in summary form (no student or faculty names will be included) to
the Academic Deans and the Faculty Senate at the end of each academic year.
Appeals Process:
In cases where the instructor imposes sanctions and does not refer the matter to the
department chairperson for additional sanctions, the student may appeal the sanction in
accordance with the procedures described for grade appeal (see listing under “Academic
Appeals,” A). This includes lowered grades, exclusion from class activities and failure of the
course.
If allegations of academic dishonesty are referred to the department chairperson for
additional sanctions, it must be within thirty (30) days from the date of the alleged offense.
This process starts with the dean if there is no department chairperson.
a. The department chairperson shall bring together the student involved, and the
faculty member, and/or other complainant within ten (10) days from the date of
referral.
b. If the student denies guilt or disagrees with the sanction imposed, or if the faculty
member, other complainant, or chairperson feels that the penalties are insufficient
for the act complained of, the case shall be forwarded in writing by the
chairperson to the student’s Academic Dean within ten (10) days from the date of
the meeting. The Academic Dean shall bring together the student, faculty
member or other complainant, and the department chairperson to review the
charges within ten (10) days from the date of referral. The Academic Dean may
impose any sanction permitted by this policy.
c. Should the student, faculty member, or other complainant be dissatisfied with the
determination of the Academic Dean, the case may be appealed in writing within
ten (10) days of the Dean’s written decision to the Budget and Academic Policy
Committee, who shall refer the case to the University Academic Appeals Board
for resolution.
d. Should the student, faculty member, or other complainant be dissatisfied with the
determination of the Academic Appeals Board, then he/she may file an appeal
with the Provost and Senior Vice President for Academic Affairs within thirty
(30) days from the receipt of the written decision of the Board. The decision of
the Provost and Senior Vice President for Academic Affairs shall be final.
Only individual allegations of academic dishonesty may be appealed. If a previous
offense was not appealed within the time limit, or was appealed unsuccessfully then
subsequent offenses will be counted as repeat offenses and additional sanctions will be
levied by the Office of Academic Affairs as described under the section on “Sanctions.”
Approved by Faculty Senate, February 27, 2003
Academic Dismissal
This is defined as termination of student status, including any right or privilege to
receive some benefit, or recognition, or certification. A student may be academically
dismissed from a limited enrollment program and remain eligible to enroll in courses in
other programs at Marshall University; or a student may be academically dismissed from
the institution and not remain eligible to enroll in other courses or programs at Marshall
University. The terms of academic dismissal from a program for academic deficiency shall
be determined, defined, and published by each of the constituent colleges and schools of
Marshall University. Academic dismissal from a program or from the University may also
be imposed for violation of the University policy on academic dishonesty. For additional
details, see “Academic Rights and Responsibilities.”
Academic Forgiveness
The academic forgiveness policy allows forgiveness of D and F grades for purposes of
calculating the Grade Point Average (GPA) required for graduation. This policy is designed
to help students who left college with low grades. It will be implemented, provided certain
conditions are satisfied, where the D and F repeat rule is not applicable:
· The student must not have been enrolled on a full-time or part-time basis for
more than 12 credit hours at any higher education institution for a period of five
consecutive calendar years prior to the request for academic forgiveness.;
· only D and F grades received prior to the five year, non enrollment period can be
disregarded for GPA calculation;
· in order to receive a degree or certificate, the student must complete at least 24
additional credit hours through actual coursework from Marshall University after
the non enrollment period, earn at least a 2.0 GPA on all work attempted after
the non enrollment period and satisfy all degree or certificate requirements.
Grades disregarded for GPA computation remain on the student’s permanent record.
This policy applies only to the calculation of the GPA required for graduation and does not
apply to GPA calculation for special academic recognition (such as graduating with honors)
or to requirements for professional certification which may be within the province of
licensure boards, external agencies, or the West Virginia Board of Education.
A student may apply for academic forgiveness by submitting to his/her college dean
an application for “Academic Forgiveness,” available in the college office. The dean can
accept, modify, or reject the application and will provide a justification. Students who do
not normally qualify for readmission because of a low GPA will, if their request for
forgiveness is approved, be readmitted and placed on academic probation. The decision of
forgiveness must be made again whenever the student changes programs, departments,
colleges, or institutions. (Amended and approved at December 9, 1986, APSC meeting).
Students should be aware that this policy is not necessarily recognized by other
institutions of higher education outside the state of West Virginia.
Exception: The Board of Regents Bachelor of Arts Program is governed by a different
forgiveness policy. (See section on Board of Regents degree).
Academic Probation and Suspension
1. For Academic Deficiencies:
a. Academic Probation
All undergraduate students whose Overall or Marshall GPA drops below a 2.0 will
be placed on Academic Probation. Academic Probation is a period of restricted
enrollment for a student. All probation students are subject to the following
restrictions.
· Students on probation must meet with the Associate/Assistant Dean of their
College before registering for classes to develop an Academic Improvement
Plan to achieve good academic standing. This plan will be binding on the
student.
· Students on probation may take a maximum of 14 hours and should repeat
courses under the D/F Repeat Rule to reduce deficiency points.
· Students on probation must earn a 2.0 GPA or higher during every semester
they are on probation. Failure to achieve a 2.0 semester GPA or higher while
on Academic Probation will result in suspension (see below).
· Students on probation are not allowed to register by myMU.
· Students on probation must participate in their College’s Retention Program.
· Other requirements may be imposed in the Academic Improvement Plan.
The student is returned to Academic Good Standing when his or her Marshall and
Overall GPA are 2.0 or higher.
b. Academic Suspension
Academic Suspension is defined as a period in which a student cannot enroll in
courses at Marshall University. A student who has pre-registered and is subsequently
suspended will have his/her registration automatically canceled.
Students who earn less than a 2.0 semester GPA while on Academic Probation or
who accumulate or exceed the Quality Point Deficit for their GPA Hours (see
Table One) will be suspended for one regular semester (the summer terms do not
count as a term of suspension).
Table One – Suspension QPD
GPA Hours 0-25 26-57 58-89 90 or more
Quality Point Deficit 20 15 12 9
When a student returns to Marshall after any suspension, the student will be
placed on probation and must follow all of the requirements of his/her Academic
Improvement Plan. Failure to meet all of the requirements of the Academic
Improvement Plan or exceeding the Quality Point Deficits listed in Table 1 will
result in suspension. A second suspension will be for a period of one calendar
year. Third and subsequent suspensions will be for a period of two calendar
years each.
Note that this suspension policy does not apply to conditionally admitted
students; they are governed by the regulations of University College.
c. Petition for Reinstatement after a Second or Subsequent Suspension
Reinstatement after a second or subsequent suspension is only by written petition
to the Dean of a student’s College, School, or Program. The petition must be in
writing and provide evidence that the student can meet the requirements of his
or her Academic Improvement Plan. The written petition for readmission must
be submitted at least 30 days prior to the beginning of the semester for which
readmission is sought.
(Approved by Faculty Senate, May 9, 2002, to go into effect Fall 2003)
a. Probation:
Academic probation for up to 1 year may be recommended by the instructor but
will need to be imposed by the department chair, academic dean or the Office of
Academic Affairs.
b. Suspension:
A student with a second academic dishonesty offense during his/her enrollment
at Marshall University will be academically suspended for a period of time not to
exceed one academic year (to include summer terms).
3. Appeal of Academic Probation and Suspension
See section on “Academic Appeals,” B and C.
Academic Rights and Responsibilities of Students
Marshall University’s policies in regard to the academic rights and responsibilities of
students reflect Board of Governors Policy Number 60.
I. Statement of Philosophy
Marshall University is an academic community and as such must promulgate and
uphold various academic standards. Failure of a student to abide by such standards
may result in the imposition of sanctions pursuant to University Policy Number 60. A
student, by voluntarily accepting admission to the institution or enrolling in a class or
course of study offered by Marshall University, accepts the academic requirements and
criteria of the institution. It is the student’s responsibility to fulfill coursework and
degree, or certification requirements, and to know and meet criteria for satisfactory
academic progress and completion of the program.
II. Definitions
A. Academic Dean: the chief academic officer of a college or school. The dean also
serves in an advisory capacity to the student. The student is encouraged to
contact his/her academic dean for guidance on appeal procedures.
B. Academic Deficiency: failure to maintain the academic requirements and
standards as established by Marshall University and its constituent colleges and
schools other than those relating to academic dishonesty. This shall include but is
not limited to the criteria for maintenance of satisfactory academic progress, i.e.
Grade Point Average, special program requirements, professional standards, etc.
C. Academic Dishonesty: Academic dishonesty is conduct on an academic exercise
that falls into one or more of the following categories: cheating, fabrication/
falsification, plagiarism, bribes/favors/threats, and complicity. These categories
and “academic exercise” are defined in detail in the section on Academic Dishonesty
in this catalog. Each instructor may modify the general definition of
academic dishonesty to fit the immediate academic needs within that particular
course of study, provided the instructor defines, in writing and preferably in the
course syllabus, the details of any departure from the general definition.
D. Day: shall refer to a calendar day.
E. Limited Enrollment Program: any academic program which imposes admissions
requirements in addition to general admissions to the University.
F. Student: any undergraduate student who has been admitted to, and is currently
enrolled in, a course or in a certificate or degree program at Marshall University,
or for whom the institutional appeal period has not expired. Students enrolled in
the undergraduate Nursing Program will follow these procedures.
G. University Community: faculty, staff, or students at Marshall University.
H. President’s Designee: Chief Academic Officer.
I. Provost and Senior Vice President for Academic Affairs: refers to the Chief
Academic Officer.
J. Appeal Deadlines: the time allowed for each level of appeal. There will be no
time extensions unless granted by the Academic Appeals Board for good cause. If
the appeals do not meet the established deadlines, the issue is no longer appealable.
III. Student Academic Rights:
Concomitant with other academic standards and responsibilities established by
Marshall University and its constituent colleges and schools, each student shall have the
following academic rights:
A. The student shall be graded or have his/her performance evaluated solely upon
performance in the coursework as measured against academic standards.
B. The student shall not be evaluated prejudicially, capriciously, or arbitrarily.
C. The student shall not be graded nor shall his/her performance be evaluated on
the basis of his/her race, color, creed, sex, sexual orientation, or national origin.
D. Each student shall have the right to have any academic penalty, as set forth
herein, reviewed pursuant to the procedures in Section V. Except in those cases
where a specific time is provided, this review shall occur within a reasonable time
after the request for such review is made.
E. Each student shall have access to a copy of a University catalog or program
brochure in which current academic program requirements are described (e.g.,
required courses, total credit requirements, time in residence standards, minimum
Grade Point Average, probation standards, professional standards, etc.).
F. Each student shall receive from the instructor written descriptions of content and
requirements for any course in which he/she is enrolled (e.g., attendance
expectations, special requirements, laboratory requirements including time, field
trips and cost, grading criteria, standards and procedures, professional standards,
etc.).
G. The instructor of each course is responsible for assigning grades to the students
enrolled in the course consistent with the academic rights set out in the preceding
sections.
H. Marshall University and its constituent colleges and schools are responsible for
defining and promulgating:
1. The academic requirements for admission to the institution, for admission to
limited enrollment programs, and for admission to professional and graduate
degree programs;
2. The criteria for maintenance of satisfactory academic progress, for the
successful completion of the program, for the award of a degree or certification,
for graduation;
3. The requirements or criteria for any other academic endeavor, and the
requirements for student academic honesty, consistent with the Policies,
Rules, and Regulations of the Higher Education Policy Commission and with
the fundamentals of due process; and
4. Probation, suspension, and dismissal standards and requirements.
I. Normally, a student has the right to finish a program of study according to the
requirements under which he/she was admitted to the program. Requirements,
however, are subject to change at any time, provided that reasonable notice is
given to any student affected by the change.
IV. Academic Sanctions: Undergraduate Students (Graduate and Medical Students
Should Consult the Graduate Catalog.)
A student who fails to meet the academic requirements or standards, or who fails to
abide by the University policy on academic dishonesty, as defined by Marshall University
and its constituent colleges and schools may be subject to one or more of the following
academic sanctions:
A. A lower final grade in or a failure of the course or exclusion from further
participation in the class (including laboratories or clinical experiences, any or all
of which may be imposed by the instructor of the course involved).
B. Academic Probation
1. For Academic Deficiency:
· Any student who has less than a 2.0 Grade Point Average on
coursework attempted at Marshall University and/or any approved
coursework transferred from another institution shall be placed on
academic probation. All probation students are subject to the
following restrictions:
· Meet with the Associate/Assistant Dean of their college before
registering for classes to develop an Academic Improvement
Plan to achieve good academic standing. This plan will be
binding on the student.
· Take a maximum of 14 hours and should repeat courses under
the D/F Repeat Rule to reduce deficiencies.
· Earn a 2.0 GPA or higher during every semester they are on
probation. Failure to achieve a 2.0 semester GPA or higher
while on probation will result in suspension.
· May not register by myMU.
· Must participate in their College’s retention program.
· Other requirements may be imposed in the Academic Improvement
Plan
2. For Academic Dishonesty
Sanctions for academic dishonesty may be imposed by the instructor of the
course, the department chairperson, or the Academic Dean. Sanctions for
academic dishonesty may be imposed even if a student withdraws from an
individual course or from the university entirely.
a. The instructor may impose the following sanctions:
· A lower or failing project/paper/test grade.
· A lower final grade.
· Failure of the course.
· Exclusion from further participation in the class (including
laboratories or clinical experiences.)
b. The instructor may also refer the matter to his/her department
chairperson for additional sanctions. If allegations are referred to
the department chairperson, it must be within thirty (30) days from
the date of the alleged offense. This process starts with the dean if
there is no department chairperson. The following sanctions may be
recommended by the instructor but will need to be imposed by the
department chair, academic dean or the Office of Academic Affairs:
· Exclusion from an academic program.
· Academic probation for up to one (1) year.
· Academic suspension for up to one (1) year.
· Dismissal from the university.
c. In those cases in which the offense is particularly flagrant or where
there are other aggravating circumstances, additional, non-academic
sanctions may be pursued through the Office of Judicial Affairs.
d. A student will be informed in writing by the instructor or responsible
office of any charges and subsequent sanctions imposed for
academic dishonesty. Written notification of academic dishonesty
charges (and the inclusion of confirmed charges/sanctions in the
student’s records) is designed to inform a student of the potential
repercussions of repeat offenses and his/her rights of appeal.
e. Any time an accusation of academic dishonesty is made, and a
sanction imposed (or a sanction will be imposed with the submission
of final grades), a notice should be sent to the Office of Academic
Affairs within ten (10) days of the accusation. The notice of an act
of academic dishonesty will be reported to the Office of Academic
Affairs through the completion of an “Academic Dishonesty Report
Form.” Instructors are encouraged to give a copy of the “Academic
Dishonesty Form” to a student accused of an offense. However, the
Office of Academic Affairs will inform the student and the student’s
dean of the accusations made, the sanctions prescribed, the
repercussions of repeat offenses, and his/her right of appeal. A
copy of the report will go into the student’s college file. Any
subsequent actions taken (additional sanctions imposed, the
lessening of sanctions, the withdrawal of accusations, the results of
appeals, etc.) should be reported to the Office of Academic Affairs
within ten (10) days.
The Office of Academic Affairs will maintain a file of academic
dishonesty incidents. These will be reported in summary form (no
student or faculty names will be included) to the Academic Deans
and the Faculty Senate at the end of each academic year.
f. Sanctions for repeated academic dishonesty offenses will be imposed
by the Office of Academic Affairs after consultation with the
appropriate department chairs and deans.
· A student’s record of academic dishonesty offenses will be
maintained throughout his/her enrollment at Marshall
University, and the period of time between offenses may have
no impact on sanctions for repeated offenses.
· A student with a second academic dishonesty offense during
his/her enrollment at Marshall University will be academically
suspended for a period of time not to exceed one academic year
(to include summer terms.)
· A student with a third academic dishonesty offense during his/
her enrollment at Marshall University will be dismissed from
the university.·
C. Academic Suspension: Undergraduate Students (Graduate and Medical Students
Should Consult the Graduate Catalog.)
1. For Academic Deficiency
Students who earn less than a 2.0 semester GPA while on Academic
Probation or who accumulate or exceed the Quality Point Deficit for their
GPA hours will be suspended for one regular semester (the summer terms
do not count as a term of suspension). Students with 0-25 GPA hours will be
suspended if they have 20 or more quality point deficiencies; with 26-57
hours, they will be suspended with 15 or more quality point deficiencies; with
58-89 hours, they will be suspended with 12 or more deficiencies; and with
90 or more hours, they will be suspended with 9 or more deficiencies.
When a student returns to Marshall after any suspension, the student will be
placed on probation and must follow all of the requirements of his/her
Academic Improvement Plan. Failure to meet all of the requirements of the
Academic Improvement Plan or exceeding the Quality Point Deficits
described above will result in suspension. A second suspension will be for a
period of one calendar year. Third and subsequent suspensions will be for a
period of two calendar years each.
This suspension policy does not apply to conditionally admitted students; they
are governed by the regulations of University College.
2. For Academic Dishonesty
In those cases in which a student has been found guilty of academic dishonesty
he/she may be academically suspended for a period of time not to
exceed one academic year. During such period the student may not enroll in
any course or program offered by Marshall University or any of its constituent
colleges or schools.
D. Academic Dismissal
This is defined as termination of student status, including any right or privilege to
receive some benefit, or recognition, or certification. A student may be academically
dismissed from a limited enrollment program and remain eligible to enroll in
courses in other programs at Marshall University; or a student may be academically
dismissed from the institution and not remain eligible to enroll in other
courses or programs at Marshall University. The terms of academic dismissal from
a program for academic deficiency shall be determined, defined, and published by
each of the constituent colleges and schools of Marshall University. Academic
dismissal from a program or from the University may also be imposed for
violation of the University policy on academic dishonesty.
The intent of the appeals process is to treat all parties fairly, and to make
all parties
aware of the appeals procedure. Please Note: Notwithstanding any other provision
in
Marshall University catalogs or policy documents, only students who are or
will be
dismissed from a program or from the University as a direct and immediate consequence
of any academic sanction administered by the University may, at their own
discretion and expense, retain legal counsel for representation during all
relevant administrative appeal proceedings.
A. Student Appeals for Instructor Imposed Sanctions:
In cases where a student is appealing a grade, the grade appealed shall remain
in
effect until the appeal procedure is completed, or the problem resolved.
In those cases in which a student has received an instructor-imposed sanction,
including a lower final grade in or failure of the course or exclusion from
further
participation in the class, the student shall follow the procedures outlined
below:
1. The student should first attempt a resolution with the course instructor.
This
initial step must be taken within ten (10) days from the imposition of the
sanction or, in the case of an appeal of a final grade in the course, within
thirty (30) days of the beginning of the next regular term. The student who
makes an appeal is responsible for submitting all applicable documentation.
The course instructor is to respond to the student in writing within ten (10)
days after the student has submitted the appeal documentation. If the course
instructor does not respond to the student in the given time frame, the
appeal process continues to the next level. If the instructor is unavailable
for
any reason, the process starts with the department chairperson or division
head.
2. If the procedure in Step 1 does not have a mutually satisfactory result,
the
student may appeal in writing to the department chairperson or division head
within ten (10) days after the action taken in Step 1, who will attempt to
resolve the issue at the departmental level. The department chairperson or
division head is to respond to the student in writing within ten (10) days
after the student has submitted the appeal documentation. If the department
chairperson or division head (or representative) does not respond to the
student in the given time frame, the appeal process continues to the next
2005-07 Undergraduate Catalog Academic Information 117
level. When a student appeals a final grade, the faculty member must
provide all criteria used for determining grades.
3. Should the issue not be resolved at the departmental level, either the
student or instructor may appeal in writing to the Dean of the college in
which the course is offered within ten (10) days of the action taken in Step
2. If the course is offered in the Marshall Community and Technical College,
the appeal is to the Associate Dean of the Marshall Community & Technical
College. This person is to respond to the student or instructor in writing
within ten (10) days after the student has submitted the appeal documentation
and will attempt to achieve a mutually satisfactory resolution. If the
person named above does not respond to the student in the given time
frame, the appeal process continues to the next level. The Dean of the
college in which the student is enrolled will be notified.
4. Should the issue not be resolved by the Dean of the college within which
the
course is offered or the Associate Dean of the Marshall Community &
Technical College, either the student or instructor may appeal in writing
within ten (10) days of the action taken in Step 3 to the Budget and
Academic Policy Committee which shall refer the matter to the University
Academic Appeals Board which determines if an appeal hearing is justified.
If
the University Academic Appeals Board determines a hearing is justified, the
Board will schedule the hearing. The University Academic Appeals Board has
the right to seek additional documentation if necessary. The University
Academic Appeals Board has thirty (30) days to convene the members of the
Hearing Panel to hear the appeal (once the requested documentation is
provided by the appellant student) and ten (10) days after the hearing to
make notification of the determination to the student and instructor. It may
not always be possible to meet the above conditions because many of these
appeals occur at times when school is not in session. However every effort
will be made to schedule appeal hearings in a timely and reasonable manner
5. Should the student or the instructor be dissatisfied with the determination
of
the Academic Appeals Board then either party may file an appeal with the
Provost and Senior Vice President for Academic Affairs or, for students in
the Marshall Community and Technical College to the Dean of Academic
Affairs of the Marshall Community & Technical College, within thirty (30)
days from receipt of the decision of the Board. This person has ten (10)
days to respond in writing to the student or instructor. The decision of the
Provost and Senior Vice President for Academic Affairs or the Dean of
Academic Affairs of the Marshall Community & Technical College shall be
final. Those students or faculty in the College of Health Professions dissatisfied
with the determination should file an appeal within thirty (30) days to
either the Provost and Senior Vice President for Academic Affairs or the V.P.
for Health Sciences.
B. Appeals for Academic Dishonesty:
Only individual allegations of academic dishonesty may be appealed. If
a previous
offense was not appealed within the time limit, or was appealed unsuccessfully,
then subsequent offenses will be counted as repeat offenses and additional
sanctions will be levied by the Office of Academic Affairs as described
in the
section on “Sanctions” in this policy.
1. In those cases where the instructor imposes a sanction pursuant to part
IV,
A, only, of the section titled Academic Rights and Responsibilities of
Students,
118 Academic Information Marshall University
and does not refer the matter to the department chairperson or division
head
for additional sanctions, the student may appeal the sanction in accordance
with the procedures described in part V. Academic Appeals (A) of the section
titled Rights and Responsibilities of Students.
2. In those cases where the matter is referred to the department chairperson
or
division head for additional sanctions, this action must occur within thirty
(30) days of the alleged offense. The chairperson or division head shall
bring
together the student involved, and the faculty member, and/or other
complainant within ten (10) days from the date of referral.
3. If the student denies guilt or disagrees with the sanction imposed,
or if the
faculty member, other complainant, or chairperson or division head thinks
that the penalties are insufficient for the act complained of, the case
shall be
forwarded in writing by the chairperson or division head to the student’s
Academic Dean or, for students in the Marshall Community and Technical
College to the Associate Dean of the Marshall Community & Technical
College, within ten (10) days from the date of the meeting. This person
shall
bring together the student, faculty member or other complainant, and the
department chairperson or division head to review the charges within ten
(10) days from the date of referral. The student’s Academic Dean
or the
Associate Dean of the Marshall Community & Technical College may impose
any sanction permitted by this policy.
4. Should the student, faculty member, or other complainant be dissatisfied
with
the determination of the student’s Academic Dean or, for students
in the
Marshall Community and Technical College, to the Associate Dean of the
Marshall Community & Technical College, the case may be appealed in
writing within ten (10) days of the written decision to the Budget and
Academic Policy Committee, who shall refer the case to the University
Academic Appeals Board which determines if an appeal hearing is justified.
If
the University Academic Appeals Board determines a hearing is justified,
the Board will schedule the hearing. The University Academic Appeals Board
has
the right to seek additional documentation if necessary. The University
Academic Appeals Board has thirty (30) days to convene the members of the
Hearing Panel to hear the appeal (once the requested documentation is
provided by the appellant student) and ten (10) days after the hearing
to
make notification of the determination to the student and instructor. It
may
not always be possible to meet the above conditions because many of these
appeals occur at times when school is not in session. However every effort
will be made to schedule appeal hearings in a timely and reasonable manner.
5. Should the student, faculty member, or other complainant be dissatisfied
with
the determination of the Academic Appeals Board or the Hearing Panel, then
he/she may file an appeal with the Provost and Senior Vice President for
Academic Affairs or, for students in the Marshall Community and Technical
College, to the Dean of Academic Affairs of the Marshall Community &
Technical College, within thirty (30) days from the receipt of the written
decision of the Board or Panel. Those students or faculty in the College
of
Health Professions dissatisfied with the determination should file an appeal
within thirty (30) days to either the Provost and Senior Vice President
for
Academic Affairs or the V. P. for Health Sciences.
6. The decision of the Provost and Senior Vice President for Academic Affairs
or the Dean of Academic Affairs of the Marshall Community & Technical
College shall be final.
C. Appeals for Academic Deficiencies:
1. In those cases in which an undergraduate student has been denied admission
to a program, has been or may be placed on academic probation or
academic suspension for academic deficiencies, the following procedures are
applicable:
a. The student is entitled to written notice; (1) of the nature of the
deficiency or reason for denial of admission to a program; (2) of the
methods, if any, by which the student may correct the deficiency,
and; (3) of the penalty which may be imposed as a consequence of
the deficiency.
b. The student shall be given the opportunity to meet with the
person(s) who has judged his/her performance to be deficient, to
discuss with this person(s) the information forming the basis of the
judgment or opinion of his/her performance; to present information
or evidence on his/her behalf; and to be accompanied at any such
meeting by an advisor of his/her choice from the University
(faculty, staff, or student). Such advisors may consult with, but may
not speak on behalf of their advisees, or otherwise participate
directly in the proceedings, unless given specific permission to do so
by the person conducting the meeting. The student is not entitled to
an attorney in such meetings, and the formal rules of evidence are
not applicable. The student must request such meeting in writing
ten (10) days from receipt of the notice.
c. If the student is dissatisfied with the outcome of the meeting
outlined in (b) above, the student may appeal the judgment to the
Provost and Senior Vice President for Academic Affairs or, for
Marshall Community and Technical College students, to the Dean of
Academic Affairs of the Marshall Community & Technical College,
within thirty (30) days after receipt of written notice of the judgment.
Those students or faculty in the College of Health Professions
dissatisfied with the determination should file an appeal within
thirty (30) days to either the Provost and Senior Vice President for
Academic Affairs or the V. P. for Health Sciences.
d. The decision of the Provost and Senior Vice President for Academic
Affairs or the Dean of Academic Affairs of the Marshall Community
&
Technical College is final.
2. In those cases in which a student has been or may be dismissed from an
undergraduate academic program, or has been or may be dismissed from the
institution for academic deficiencies, the following procedures are applicable:
a. The student is entitled to written notice; (1) of the nature of the
deficiency; (2) of the methods, if any, by which the student may
correct the deficiency, and; (3) of the penalty which may be imposed
as a consequence of the deficiency.
b. The student shall be given the opportunity to meet with the
person(s) who judged his/her performance to be deficient. The
student must request such meeting in writing within ten (10) days
from receipt of the notice. The student shall be given the opportunity
to discuss with this person(s) the information forming the basis
of the judgment or opinion of his/her performance, to present
information or evidence on his/her behalf, and to be accompanied
at any such meeting by an advisor of his/her choice from the
University (faculty, staff, or student). Such advisor may consult with
but may not speak on behalf of his/her advisee, or otherwise
participate directly in the proceedings, unless given specific permission
to do so by the person conducting the meeting. The student is
not entitled to an attorney in such meetings, and the formal rules
of evidence are not applicable.
c. If the student is dissatisfied with the outcome of the meeting
outlined in (b) above, the student may file an appeal in writing with
the Chairperson of the Budget and Academic Policy Committee. The
Chairperson of the Budget and Academic Policy Committee will
refer the matter to the University Academic Appeals Board which
determines if an appeal hearing is justified. If the University
Academic Appeals Board determines a hearing is justified, the
Board will schedule the hearing. The University Academic Appeals
Board has the right to seek additional documentation if necessary.
The University Academic Appeals Board has thirty (30) days to
convene the members of the Hearing Panel to hear the appeal
(once the requested documentation is provided by the appellant
student) and ten (10) days after the hearing to make notification of
the determination to the student and instructor. If the student is
denied an appeal, he/she may appeal this decision to the Provost
and Senior Vice President for Academic Affairs or, for students in
the Marshall Community and Technical College, to the Dean of
Academic Affairs of the Marshall Community & Technical College. If
the student is granted an appeal, the Chairperson of the Academic
Appeals Board will appoint a Hearing Panel. At least two (2) of the
faculty and student members of the Hearing Panel will, if possible,
be chosen from the members of the Hearing Panel Pool appointed
from the constituent college or school involved. It may not always
be possible to meet the above conditions because many of these
appeals occur at times when school is not in session. However every
effort will be made to schedule appeal hearings in a timely and
reasonable manner. The student’s appeal must be filed within ten
(10) days after receipt of written notice of the decision outlined in
(b) above.
d. If the student, faculty member or other complainant is dissatisfied
with the decision of the Hearing Panel, he or she may appeal the
decision to the Provost and Senior Vice President for Academic
Affairs or, for students in the Marshall Community and Technical
College, to the Dean of Academic Affairs of the Marshall Community
&
Technical College, within thirty (30) days after receipt of
written notice of the decision. Those students or faculty in the
College of Health Professions dissatisfied with the determination
should file an appeal within thirty (30) days to either the Provost
and Senior Vice President for Academic Affairs or the V. P. for
Health Sciences.
e. The decision of the Provost/Senior Vice President for Academic
Affairs or the Dean of Academic Affairs of the Marshall Community
&
Technical College is final.
The Academic Appeals Board is a permanent subcommittee of the Budget and
Academic Policy Committee. It is composed of experienced Hearing Officers and
is established to determine whether appeals arising from the following should
result in a hearing:
1. Instructor-imposed sanctions, including: lowering of final course grade, failure
of course, or exclusion from further participation in the class.
2. Final course grades.
3. Sanctions imposed for academic dishonesty.
4. Dismissal from an academic program.
5. Dismissal from the University.
6. Such other cases as may be referred to the Board.
B. Function:
The University Academic Appeals Board collectively decides whether:
a) The prior steps of the appeal process have been completed.
b) The claim (if substantiated) would result in the overturning of the academic
sanction. This means that some policy may have been violated in the
application of the sanction, arbitrariness or capriciousness may been a factor
in the sanction, different standards may have been applied to the student or
there may have been bad faith or ill will on the part of the instructor’s
applying of the sanction.
c) Appropriate documentation of the claim needs to be provided in order to
justify a hearing. It is the student’s job to provide documentation for
his/her
claims. The Board may ask for additional documentation from either students
or faculty in order to determine whether a hearing is justified.
VII. Hearing Panel
The purpose of the Hearing Panel is to hear arguments, evaluate evidence, and reach
a decision by voting in an Academic Hearing.
A. The Hearing Panel shall be composed of faculty and student members
chosen in the following manner:
1. Faculty Members:
The Dean of each of the constituent colleges and schools of the University
or the Associate Dean of the Marshall Community & Technical College
shall appoint five (5) faculty members from his/her unit to serve on the
Hearing Panel Pool. Such appointments will be made annually in the
spring semester with the understanding that some of these faculty
members will be available to hear appeals during the summer terms and
the week before the beginning of Spring semester. Terms will run from
May 15 to the following May 15.
2. Student Members:
The Student Government Association President shall appoint three (3)
students from each of the constituent colleges and schools of the University
to serve on the Hearing Panel Pool.
3. Hearing Officers:
The Budget and Academic Policy Committee will appoint two
Hearing Officers each spring. It is desirable but not required that
the Hearing Officers have served on a Hearing Panel.
B. Selection of Members for an Individual Hearing Panel
An individual Hearing Panel shall be composed of two (2) faculty members, one (1)
student member, and one (1) non-voting Hearing Officer. The members of the
Hearing Panel shall be chosen randomly from the Hearing Panel Pool by the Chairperson
of the Academic Appeals Board or his/her designee. In appeals arising from
dismissal from an academic program, if possible, at least two (2) of the faculty and
student members of the Hearing pPanel should be chosen from the Hearing Panel
Pool members appointed from the constituent college or school involved.
It is the intent of these procedures to ensure that Marshall University students
receive appropriate due process in academic matters. This includes fundamental
fairness, just sanctions, and all rights in accordance with the belief that academic
appeal hearings at an institution of higher education such as Marshall University
should have an educational objective. Academic appeals, pursuant to these procedures,
are informal and not adversarial in nature.
A. The time and place of the hearing is determined by the Hearing Officer. The hearing
should be held within sixty (60) days of receiving the written request. Upon written
request, the Hearing Officer may, at his/her discretion, grant a continuance to any
party for good cause.
B. The Hearing Officer will notify the appellee, appellant, and other appropriate parties
in writing at least five (5) days prior to the hearing, of the date, time, and place of
the hearing. A statement of the facts and evidence to be presented in support of the
student’s grounds for appeal will be provided to the appellee in appropriate cases.
C. The appellant student and the appellee have the right to an advisor. Advisors must
be members of the University community (faculty, staff, or student). Such advisors
may consult with, but may not speak on behalf of their advisees or otherwise
participate directly in the proceedings, unless they are given specific permission to do
so by the Hearing Officer.
D. The appellant student has the right, at his or her own discretion and expense, to
retain legal counsel for representation only when he/she is or will be dismissed from
a program or from the University as a direct and immediate consequence of any
academic sanction administered by the University. In these cases an attorney is
allowed to fully represent and speak on behalf of the appellant student. Rules of
evidence and other formal rules of courtroom procedure do not apply. The Hearing
Officer is authorized to decide what is relevant and what is not relevant.
E. Prior to the scheduled hearing, the members of the Hearing Panel may convene in
closed session to examine the content of the appeal, the specific issues to be
considered, and all supporting documents.
F. The student with his/her advisor, if any, will be called before the Hearing Panel and
the Hearing Officer will then restate the nature of the appeal and the issues to be
decided.
G. The hearing shall be closed. All persons to be called as witnesses, other than the
appellant, with his/her advisor, if any, and the appellee and his/her advisor, if any,
will be excluded from the hearing room. Any person who remains in the room after
the hearing has begun may be prohibited from appearing as a witness at the
discretion of the Hearing Officer.
H. Anyone disrupting the hearing may be excluded from the hearing room if, after due
warning, he/she engages in conduct which substantially delays or disrupts the
hearing, in which case the hearing shall continue and the Hearing Panel shall make
a determination based on the evidence presented. If excluded, the person may be
readmitted on the assurance of good behavior. Any person who refuses the Hearing
Panel’s order to leave the hearing room may be subject to appropriate disciplinary
action pursuant to Marshall University policy. When a student appellant is excluded
for disruptive behavior and does not have a recognized representative, the Hearing
Officer will appoint one.
I. Except as provided in H and M herein, all evidence must be presented in the
presence of the student.
J. The student or other parties involved may petition the Hearing Officer for a
subpoena or a request for appropriate written information or documents.
K. The student will be given the opportunity to testify and present evidence and
witnesses on his/her own behalf and to discuss with, and question, those persons
against whom the appeal is filed. Written evidence to be considered by the panelists
should be received by the Hearing Officer at least five (5) business days prior to the
hearing to be distributed to the panelists prior to the hearing. Exceptions to this five
(5) day rule are at the discretion of the Hearing Officer, who may disallow long
written documents or large numbers of documents from being introduced if the
panelists will not have time to consider them fully.
L. The Hearing Panel may admit as evidence any testimony, written documents, or
demonstrative evidence which it believes is relevant to a fair determination of the
issues. Formal rules of evidence shall not be applicable in academic appeal hearings.
M. If the student appellant or the appellee fails to appear at a hearing and fails to make
advance explanation for such absence which is satisfactory to the Hearing Panel, or
if the student appellant or the appellee leaves before the conclusion of the hearing
without permission of the Hearing Panel, the hearing may continue and the Hearing
Panel may make a determination on the evidence presented at the hearing, or the
Hearing Panel may, at its discretion, dismiss the appeal.
N. Upon completion of the testimony and presentation of evidence, all persons, except
Hearing Panel members will be required to leave the room. The Hearing Panel will
then meet in closed session to review the evidence presented. The Hearing Panel
shall make its findings based upon a preponderance of evidence. The Hearing Panel
shall reach its determination by a majority vote. The results shall be recorded in
writing and filed with the Chairperson of the Budget and Academic Policy Committee
and the Provost and Senior Vice President of Academic Affairs or, for cases in
the Marshall Community and Technical College, with the Dean of Academic Affairs
of the Marshall Community & Technical College. If the Hearing Panel’s decision
includes the imposition of academic sanction, the sanction given and its duration
must be specified for the record. A report of a dissenting opinion or opinions may be
submitted to the Chairperson of the Budget and Academic Policy Committee and the
Provost and Senior Vice President for Academic Affairs or, for cases in the Marshall
Community and Technical College, to the Dean of Academic Affairs of the Marshall
Community & Technical College, by any Hearing Officer.
O. The findings of the Hearing Panel, and any sanction, shall be announced at the
conclusion of the hearing. The student, faculty member, and the appropriate
Academic Dean or Associate Dean of the Marshall Community & Technical College
shall be notified in writing of the findings and any sanction at the conclusion of the
hearing. A record of the hearing shall be prepared by the Hearing Officer in the
form of summary minutes and relevant attachments and will be provided to the
student upon request.
P. No one may tape the proceedings.
Q. In an appeal related to a final grade the Hearing Officer will complete any necessary
change of grade forms and submit that information to the Registrar, the faculty
member, and the appropriate Academic Dean or, for cases in the Marshall Community
and Technical College, to the Associate Dean of the Marshall Community &
Technical College.
R. Within thirty (30) days following receipt of the Hearing Panel’s decision, the student,
faculty member or other complainant may file an appeal with the Provost and
Senior Vice President for Academic Affairs or, for cases in the Marshall Community
and Technical College to the Dean of Academic Affairs of the Marshall Community &
Technical. A written brief stating grounds for the appeal should be presented by the
student, faculty member or other complainant to the Provost and Senior Vice
President of Academic Affairs or, for cases in the Marshall Community & Technical
College, to the Dean of Academic Affairs of the Marshall Community & Technical
College. The scope of review shall be limited to the following:
1. Procedural errors.
2. Evidence not available at the time of the hearing.
3. Insufficient evidence to support the findings of the Hearing Panel or of the
Academic Appeals Board.
4. Misinterpretation of University policies and regulations by the Hearing Panel or
by the Academic Appeals Board.
5. A sanction disproportionate to the offense.
6. Lack of jurisdiction.
The Provost and Senior Vice President of Academic Affairs, or the Dean of Academic
Affairs of the Marshall Community & Technical College, may affirm or modify
the panel’s findings and sanctions, if any, or remand the case to the Academic
Appeals Board for further action.
S. The decision of the Provost and Senior Vice President for Academic Affairs or of the
Dean of Academic Affairs of the Marshall Community & Technical College is final.
He/she will give written notification of the final decision to the student, the faculty
member, the appropriate Academic Dean or the Associate Dean of the Marshall
Community & Technical College, and as appropriate, the Registrar. Those students
or faculty in the College of Health Professions dissatisfied with the determination
should file an appeal within thirty (30) days to either the Provost and Senior Vice
President for Academic Affairs or the V. P. for Health Sciences.
Approved by the Academic Standards
and Curricular Review Committee: October 28, 1988
Approved by the Budget and Academic Policy Committee,
October 21, 2004, March 4, 2005
Revised by Faculty Senate: March 19, 2002, February 27, 2003,
November 18, 2004, March 31, 2005
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