Academic Integrity

AIC Hearing Procedures

1. The hearing will be called to order at the time specified. The hearing cannot begin without seven committee members and/or alternates (see #3 below), the accused, and the accusing faculty member(s) (or an appointed representative) in attendance.
   
   All hearings will be tape recorded.
2. An alternate committee member will sit at the hearing if a regular committee member is involved with the case being presented before the committee. When at all possible, the alternate committee member should be from the same division as the regular committee member who is involved in the hearing.
3. The hearing will begin with a summary of the procedures to be followed at the hearing.
4. At all times the defendant will be presumed innocent, with the burden of proof to be placed on the accusers to establish guilt.
5. The chairperson will read the charges aloud to those present and will present to the committee any evidence the faculty member wishes to have under consideration. At this time, the faculty member may bring in witnesses, if deemed pertinent to the case. At the close of the witness's presentation, the witness shall be questioned by the committee on any points of evidence on which the committee is unclear. The witness will then be asked to leave the room. The faculty member(s) shall be questioned by the committee on any points of evidence on which the committee is unclear.
6. The defendant will be given an opportunity to defend himself or herself, including giving evidence and providing witnesses that he or she feels may be pertinent to the case. At the close of the defendant's presentation, the defendant shall be questioned by the committee on any points of evidence on which the committee is unclear. In addition, the committee may ask the faculty member about points of evidence which are unclear. The defendant, if he or she feels the responses will be incriminating, may decline to answer a question. The committee will not base its judgment of guilt or innocence on such a declination.
7. After all evidence has been presented, the accused student and the accusing faculty member(s) will be asked to step outside while the committee deliberates. At this time, the committee will review and discuss all the evidence it feels is pertinent to the case. When deliberation has been completed a secret ballot will be taken to decide on the guilt or innocence of the defendant. The ballots will be counted by the secretary and reported to the committee.
8. The defendant will be found guilty or not guilty based upon a vote of at least three-fourths of the members present, with no more than two members dissenting. The committee will then vote on a sanction (as described in the AIC code). The sanction must have a majority vote. At least seven of the eleven voting members must be present for a vote to be called. No more than two members may dissent in a guilty vote. Specific sanction(s) will be decided by majority vote. Vote is by secret ballot and is counted by the chairperson and the secretary. The results (and the ballots) will be presented to the Dean of Seaver College. Note: the AIC hearings are not court of law proceedings and should not be construed to be subject to courtroom technicalities.
9. The defendant will be asked to return to the hearing room to be informed of the committee's verdict.
10. If found guilty, the defendant will be advised of his/her opportunity to appeal the decision to the Seaver Dean.
11. Formal written notice of the verdict will be sent to the student, the accusing faculty member(s), and the Seaver Dean.
12. All notes and recordings of the hearings shall be given to the Seaver Dean to be kept as specified in the Student Handbook.
13. No member of the hearing committee who is otherwise interested in the particular case brought before the committee, whether bringing charges against the student, or who is placed in a position of developing or prosecuting the case against the student, shall sit in judgment during the proceedings. This committee member will be replaced as stipulated in No. 3 of the procedures.
14. The defendant and the accuser shall notify the chairperson of the committee of the names of the witnesses they choose to have testify on their behalf at least twenty-four hours prior to the hearing, and they shall assume responsibility for their presence at the hearing. The committee may limit the number of witnesses.
15. All hearings will be closed to members of the committee, the student(s), advisors involved in the hearing, and faculty members involved in the case. Authorized witnesses will be present to testify one at a time and will leave the hearing as soon as such testimony is completed.
16. All matters upon which the decision may be based must be introduced into evidence during the hearing before the committee. Formal rules of evidence shall not be applicable in proceedings conducted pursuant to this code. All matters shall be admitted into evidence which reasonable persons would accept as having probative value in the conduct of these affairs.
17. To maintain a record of the hearing, the secretary will write up a digest; in addition, the recorder will take a tape recording of the hearing.
18. The digest of the committee shall consist of a statement covering the chronological sequence of the proceedings and the conclusions reached by the committee based on the evidence. Any member may append the report with his or her dissent.
19. It is to be understood by all parties dealing with the Academic Integrity Committee that the committee is not a court. The committee is an educational committee which deals with students and members of the university community only as their status pertains to the educational aspect of Seaver College. Therefore, its proceedings are not to be construed to be subject to courtroom technicalities or procedures.
20. Committee decisions will be made within a reasonable time.