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Suggested proceedings for an AIHB hearing for multiple violations

The Code says that, "A student found guilty of more than one violation of the Code may be summoned before the college Hearing Board by the dean of his or her college. The AIHB may impose an additional penalty for such repeated offenses."

Although the Code offers no specific guidelines for handling such situations, it stands to reason that these proceedings are not de novo hearings in which the AIHB revisits the guilty decisions. Instead, these proceedings are designed so that the AIHB can determine possible additional penalties to recommend.

A hearing in which the AIHB considers multiple violations is run much like other hearings, except that the instructors who pressed charges are generally not present. The following guidelines should help identify who should do what before, during, and after each hearing.

Before the hearing

Before the hearing, the chair and the dean have responsibilities.

  • Once the chair learns that a student has been found guilty of a second academic integrity violation, the chair should notify the dean and explain the circumstances: by identifying the student, as well as the nature, date, and penalty exacted for each violation.
  • Upon receiving a report of a repeat violator, the dean should consider the information and, except in extraordinary circumstances, summon the student to appear before the AIHB.
    • If the student is on a leave of absence, depending on the nature and seriousness of the violations and other considerations, the hearing may be scheduled immediately or may be postponed until the student returns to campus.
    • If the student has graduated, the dean may confer with the chair and determine how to proceed. The AIHB and the dean have authority to proceed with a hearing even after a student has graduated, and the dean may impose additional appropriate sanctions. If the sanctions contemplated by the AIHB include additional course work to satisfy degree requirements or dismissal from the university (resulting in retroactive revocation of a degree), the dean and AIHB chair should confer with University Counsel.
  • Once the AIHB chair learns that the dean has notified the student, the chair should schedule a board hearing—with at least a one-week notice.
  • If the student asks to meet with the chair, the chair should usually agree to meet, particularly so that the student can be clear about the hearing procedures. During the meeting, the chair should explain how the hearing will proceed and may counsel the student concerning how to prepare:
    • By telling the truth concerning each violation—by explaining what happened, what caused the student to violate the Code, and what the student has learned from each violation. The chair may advise the student to prepare written remarks for the student to read to the board, especially if the student feels that written remarks can more accurately and thoughtfully capture his or her reflections than extemporaneous speaking.
    • By providing to the board a basis to conclude that the student will not continue to engage in similar behavior in the future.
  • To prepare for the hearing, the chair should bring to the hearing all records concerning the prior violations. Additionally, the chair may want to gather more information about each violation by:
    • Consulting with the instructors who found the student guilty.
    • Asking the instructors to write brief statements describing the case.
  • Although it is not necessary to do so, the AIHB chair may invite to the hearing individuals who may help the AIHB in its deliberations, including (but not limited to) the instructors who originally charged the student with violations, administrators, and students who were victimized by the repeat violator. Some college AIHBs rarely invite such people; others do it more regularly.

During the hearing

The chair should provide the student with the opportunity to explain the student's actions and provide the AIHB with the opportunity to determine whether additional penalties may be merited.

  • After establishing that a quorum is present and introducing everyone, the chair should explain the purpose of the hearing: the hearing is intended not to determine guilt or innocence but to determine whether additional penalties should be recommended because of multiple violations.
  • The chair should then describe (or ask the student to describe) each violation: the date, the course, the circumstances (e.g. the assignments), the causes, etc.
  • At any point, the AIHB may direct questions to anyone present.
  • The chair may invite others to speak, and the chair may share with the AIHB additional materials concerning the violations.
  • Once the AIHB members have exhausted their questions and before the chair dismisses the student, the chair should invite the student to provide closing comments.
  • The AIHB will then begin its deliberations on additional penalties in executive session (with only the AIHB members, including the record keeper, present). The AIHB will consider: (1) whether the sanctions previously imposed for each violation under consideration are sufficient to address appropriately the degree of culpability reflected by the totality of the circumstances and (2) whether the AIHB believes the student has told the truth, accepts responsibility for the violations, demonstrates contrition, and is unlikely to continue to violate the Code. The AIHB may choose to recommend either no further penalties or penalties that address grades or non-grading issues.
  • In some colleges, immediately after the AIHB has concluded its deliberations, the AIHB may meet with and communicate the AIHB’s decisions to the student and other parties present.

After the hearing

The chair communicates the AIHB’s recommendations to the student and to the instructor or the dean.

  • If the AIHB recommends penalties regarding grades—e.g. that an instructor increase the grade penalty previously imposed—the chair communicates the recommendation to the appropriate instructor(s). The instructor must consider but is not bound by the recommendation.
  • If the AIHB recommends non-grade penalties—e.g. a required leave, withdrawal, counseling, a transcript notation, or community service—the chair communicates the recommendation to the dean.

The student has four weeks to appeal the AIHB's decision.