This Guide is intended to assist instructors who are preparing for a hearing before a Faculty Adjudicator, and is supplementary to the Academic Integrity Policy.
An academic dishonesty hearing or appeal hearing is intended to afford both parties the opportunity to present information and evidence. There is an established order in which the parties speak, and there are specific guidelines for witnesses and advisors.
Preparing a Charge of Academic Dishonesty for a Hearing:
The following have occurred:
- As the instructor and/or University Representative, you suspected academic dishonesty.
- You met with the student to discuss your concerns, and afforded the student an opportunity to speak to the matter.
- It remains your opinion that the student committed academic dishonesty, as defined in McMaster University's Academic Integrity Policy.
- You contacted the Office of Academic Integrity to determine whether there were prior academic integrity incidents in respect of this student, discovered that there were not, and proceeded to issue a letter outlining your finding and penalty to the student, which the student is now appealing. OR
- You contacted the Office of Academic Integrity to determine whether there were prior academic integrity incidents in respect of this student, discovered that there were, filled out and submitted to that Office a "Reporting an Academic Dishonesty Case" form, and the matter has now been scheduled for a hearing before a Faculty Adjudicator.
What's next?
You will need to prepare for the hearing and submit details regarding the specifics of this case. This material informs both the student and the Faculty Adjudicator, prior to the hearing, what the student is charged with, and why. It is helpful to include:
- a written summary of how you discovered the academic dishonesty and the steps you took subsequent to that time
- details about conversations you had with the student, and any witnesses
- statements from witnesses (i.e., a TA who initially detected plagiarism, an invigilator who observed suspicious behaviour, etc.)
- other material that may support the charge (i.e., copies of source material that was inappropriately used in an essay, the mid-term that was altered, etc.)
- any additional information that might be helpful to the case (i.e. the course syllabus which outlines academic integrity expectations and/or describes specific assignment instructions, etc.)
Ideally, anything relevant to the case that convinced you that the student committed academic dishonesty as defined in McMaster's Academic Integrity Policy should be included. Ultimately, its size and content will depend on and be determined by the complexity of the case.
If the hearing is in respect of an appeal, it remains the student's responsibility to provide the requisite information prior to the hearing. You will receive a copy of that submission from the Office of Academic Integrity. You should prepare a defense in advance of the appeal. Please make three copies of any material you are presenting at the appeal so that the student, the Faculty Adjudicator and the Office of Academic Integrity all have a copy.
Previous Offences: The case you are preparing will be judged on its own merits. It is not appropriate to make references to or speculate about previous incidents of academic dishonesty vis-a-vis the student. Such incidents are only relevant to the Faculty Adjudicator who has determined that academic dishonesty took place and is now considering the matter of what, if any, penalty should be imposed. The Faculty Ajudicator will make those inquiries of the Office of Academic Integrity at some time subsequent to the hearing.
Witnesses: Witnesses should attend the hearing in person and be available to respond to questions. While written witness statements may be helpful, they have limited evidentiary bearing as they don't afford the parties to the hearing an opportunity to pose questions and seek clarification.
Conflict of Interest: You will be sent a notice informing you of the date and time of the hearing and the name of the assigned Faculty Adjudicator. If you believe that it is not appropriate for that person to preside over the case, you may request that another Adjudicator be appointed. You must do so through the Office of Academic Integrity.
Penalty Recommendations: At the end of the hearing, you may be asked for a recommendation as to penalty. You need not include such a recommendation in your written submissions.
Additional Information:
Administrative Law: Academic Integrity hearings fall within the domain of administrative law, and criminal law analogies or considerations simply don't apply. The biggest difference is that while in criminal proceedings a person must be found "guilty beyond a reasonable doubt," the standard for academic dishonesty hearings is "preponderance of evidence," where the evidence shows that it is more likely than not that academic dishonesty has occurred.
Advisors: While the student may have an advisor present at the hearing and that person may consult with the student, the student's advisor has no speaking role. Student advisors may not include legal counsel for purposes of this hearing.
Audio recordings: All academic dishonesty hearings are recorded to obtain an accurate record of what is said. The audio file is held in confidence by the Office of Academic Integrity for a period of three years following the hearing. Any party to the hearing may, upon payment of a nominal fee to recoup reproduction costs, receive a copy of this file.
Faculty Adjudicator: A Faculty Adjudicator will chair the hearing, listen to the submissions, pose questions and render a decision based on the evidence within ten working days of the hearing. It is inappropriate to approach the Faculty Adjudicator outside of the hearing venue, and any attempt to present the Faculty Adjudicator with information directly and outside of that formal process will not be considered.
Open Hearing: Academic dishonesty hearings are open to the public. Either party may request that the hearing be closed such that only the parties thereto be permitted to attend. The Faculty Adjudicator will consider the reasons for the closed hearing request, and issue a determination prior to its commencement.
Student: The student will present a defense responding to a charge of academic dishonesty. In the case of an appeal, the student will present a case for why a decision should be overturned or altered. The Academic Integrity Policy applies to all registered undergraduate and graduate students, per s.2.
University Representative: This person, who will present the case against the student or defend against a student appeal, may consist of an instructor, a graduate supervisor, a member of a graduate examining committee, a University Officer, a Department Chair or School/Program Director or an Associate Dean.
Witnesses: Both the student and the University Representative may call witnesses. Parties are responsible for producing their own witnesses and paying any associated appearance costs. Witnesses will be present at the hearing only for the duration of their testimony and any subsequent questioning.
Hearing Order:
The order of the hearing is as follows:
- The audio tape is turned on.
- Parties are introduced.
- Requests for closed hearings are made and considered.
- Witnesses are identified and asked to leave the room until called upon.
- Written submissions are identified and become part of the hearing record.
- The party requesting the hearing (the Appellant) presents the charge and any supporting evidence. The other party (the Respondent) and the Faculty Adjudicator are permitted to ask questions.
- The Appellant calls witnesses one at a time. The Respondent and the Faculty Adjudicator ask questions of each witness at the end of the witness' testimony, after which time witnesses leave the room.
- The Appellant clarifies any new points arising from the questioning.
- The Respondent presents his/her defense and any supporting evidence. The Appellant and the Faculty Adjudicator are permitted to ask questions.
- The Respondent calls witnesses one at a time. The Appellant and the Faculty Adjudicator ask questions of each witness at the end of the witness' testimony, after which time witnesses leave the room.
- The Respondent clarifies any new points arising from the questioning.
- The Appellant may respond to any evidence the Respondent has presented.
- There is no further questioning of the parties by anyone other than the Faculty Adjudicator.
- The Appellant summarizes the case. (The summary should address both the substance of the alleged offence and the appropriate penalty if the allegation is determined to be valid.)
- The Respondent summarizes the case. (The summary should address both the substance of the alleged offence and the appropriate penalty if the allegation is determined to be valid.)
- The hearing is adjourned, and the recording device turned off.
- Both parties will be informed of the decision in writing within ten working days.
Other Helpful Information
- Language Choice and Role of Involved Parties: Though there may be more than one person involved in these roles (i.e., the hearing may be to consider a charge of inappropriate collaboration against more than one student), the foregoing Guide adopts singular language.
- Hearing Demeanor: All parties are expected to behave with civility at the heaering; not interrupt, listen to what others have to say, and address others in a respectful tone and manner.