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Suggested proceedings for AIHB hearings

A case comes before the Academic Integrity Board (AIHB) for one of four reasons:

  1. A student appeals the decision of an instructor (the guilty decision, the penalty, or both) after a primary hearing.
  2. An instructor refers a case to the AIHB because the instructor believes that a non-grade penalty is warranted (either because of the severity of the violation or because the student is not in the instructor's class). The instructor may or may not have held a primary hearing.
  3. The dean returns a case to the AIHB after accepting a student's appeal.
  4. The dean summons a student who is a repeat violator to appear before the AIHB.

This webpage describes procedures for AIHB hearings involving the first three situations. The case of a repeat violator is described here.

In situations 1-3, the AIHB hearing is conducted de novo, which means that the instructor bringing charges against the student must persuade the AIHB that the student is guilty, with the standard of proof as "clear and convincing evidence". If a primary hearing was held prior to the AIHB hearing, the instructor may introduce any evidence that emerged during that hearing.

Some chairs may find it useful to organize AIHB hearings in a series of six steps: (1) preliminaries, (2) instructor statement, (3) student statement, (4) closing statements, (5) deliberation by the AIHB, and (6) statement of the decision.

1. Preliminaries

The AIHB chair opens the proceeding by establishing that all key parties are present: a quorum of AIHB members, the instructor bringing the charge, the student being charged, and perhaps the independent witness from the primary hearing. The chair will introduce all individuals or ask them to introduce themselves. The chair will outline the order of the proceedings, give a brief opening statement about the purpose of the hearing, and invite the instructor to speak.

2. Instructor statement

The instructor presents the case against the student, giving relevant evidence and calling upon witnesses as appropriate.

3. Student statements

The student responds to the instructor’s presentation, giving relevant evidence and calling upon witnesses as appropriate.

During the instructor's and student's statements, AIHB members may ask the independent witness to speak about the primary hearing. AIHB members may also question the instructor, student, and witnesses as those individuals present their statements. And the instructor and student may question each other and witnesses as they present their arguments or evidence. The chair exercises discretion to limit questions and maintain order.

4. Closing statements

After the AIHB has completed its questioning, the instructor and the student will have the opportunity to present brief closing statements.

5. Deliberation by the AIHB

The AIHB members, the record-keeper, and the AIHB chair remain in the room to begin their deliberations, and everyone else leaves. (The chair may ask others to remain behind, such as University Counsel.)

The chair may dismiss those who have already made their statements or may ask some to remain nearby, in case the AIHB needs clarification of any points during the deliberation. (If any new information is presented to the AIHB by the instructor, the student, or witnesses, both the instructor and student should be present.)

The chair may begin by asking if there are questions or procedural issues that need to be addressed before deliberation about the case begins. A discussion and voting on the verdict should come next; then, if the student is found guilty, a discussion on voting on the penalty will ensue. During or preceding deliberations, a straw vote (i.e. informal non-binding vote) may be a useful way to assess how close to resolution board members are. If possible, the AIHB should attempt to reach a consensus on each issue.

6. Statement of decision

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, the student's advisor, and the instructor.

In any case, the student and instructor will receive notice of the decision in writing shortly afterward.

The AIHB chair must notify the dean of the decision and request the college/school registrar to place a notice pf pending action on the student's transcript (here is more information).