FAQ if complaint filed against you

                                   FREQUENTLY ASKED QUESTIONS
             OF STUDENTS CHARGED WITH ACADEMIC MISCONDUCT

"Professional Engineering is a profession with a long tradition of honourable conduct and selfless service to Canadian society in the provision of reliable infrastructure and safe, efficient workplaces that contribute to prosperous communities. The foundation of our profession is an education system that is rooted in excellence and fosters ethical conduct in its practitioners as a key goal. There is no room in the engineering profession for dishonest people and having served as a member of the PEO Complaints Committee since 1998, I can state unequivocally that the consequences of being found committing an unethical act are extremely serious to a Professional Engineering Career." Dr. Peter R. Frise, P.Eng., FCAE, Professor and Scientific Director & CEO, AUTO 21 NCE

Q. What is the first step in the filing of a complaint against me for academic misconduct (under the new Bylaw 31 effective September 1, 2009)?
A. Typically, your professor will meet with you to discuss the allegation. (However, a professor is not required to do this and may, alternatively, advise the Head of the Department or the Associate Dean of the Faculty directly that he/she wishes to proceed with a formal complaint against you.) At this meeting the professor may wish to hear what you have to say to explain what happened. Under Senate Bylaw 31, professors are required to report suspected misconduct; therefore, you should try not to take this personally. For this reason, it is unusual for a matter to be resolved solely between you and the professor. More routinely, the professor forwards the matter to the Dept. Head/Associate Dean to be processed through Judicial Affairs.

Q. What happens then?
A. The Associate Dean will review the complaint and contact you for a meeting. After reviewing the complaint and meeting with you the Associate Dean will decide whether the complaint should be dismissed or forwarded to the Academic Integrity Office ("AIO") for a more formal investigation. If you decline to meet with the Associate Dean, or if attempts at meeting with you are unsuccessful, the Associate Dean may make a decision without your input.

Q. If the complaint is forwarded to the AIO, what happens then?
A. The AIO will contact you to meet. It is important that you respond as soon as you are contacted so that your case is not delayed.

Q. What if I do not meet with the AIO, ignore the allegation, drop the relevant course, withdraw from my program, or leave the University?
A. The complaint will still be processed through the University's normal disciplinary processes based on the information provided in the complaint, without your input.

Q. Should I bring anything to this meeting?
A. You are welcome to bring anything that in your view would support your response to the complaint.

Q. What happens at this meeting?
A. The AIO will review relevant portions of Bylaw 31 with you to make sure you understand the process involved. You can ask questions about anything you don't understand. The AIO will then provide you with the documents supporting the complaint so that you may be fully informed about the complaint. You will then be invited to respond to the allegation and the AIO may take notes. If you provide a written statement you will be asked to sign the statement confirming that what you have stated is true. That may be sufficient to conclude the investigation and the AIO may be in a position at that time to advise you as to how your case will likely be resolved; alternatively, the AIO may have to investigate further. 

Q. Can I bring someone with me to this meeting?
A. Yes, you may have an advisor (or "counsel") with you at this meeting, such as a lawyer, a law student, the academic advocate, a friend, a parent, or a relative, to offer you support, guidance, or advice. If you are a graduate assistant or teaching assistant, you may also have your union steward with you at this meeting. If you wish to exercise your right to counsel, you may either attend with someone at the first meeting with the AIO, or another meeting can be scheduled for you to return with counsel at a later date to review the complaint and discuss how the complaint could be resolved.

Q. What if I waive my option to have someone attend with me?
A. This is your right. Some students prefer to attend on their own. The AIO will review the complaint with you and invite you to respond to the allegation(s). At any time in the process, you can take advantage of the option to have someone with you or discuss the case with someone you trust.

Q. What if I don't want to provide a statement or respond to the allegation?
A. You are not required to do so. However, this may impede the University's ability to resolve the complaint at that time.

Q. What happens after my meeting with the AIO?
A. The AIO may have to investigate further, depending on the nature of the case, the nature of the evidence, your response to the complaint, and how many people are involved. You will be provided with any additional information arising out of a further investigation and given the opportunity to respond to that information. When the investigation is complete, the AIO will do one of three things: (1) dismiss the matter if there is insufficient evidence that misconduct occurred; or (2) refer the matter back to the Associate Dean or the Vice-Provost, Students (depending on the nature of the case) with a recommendation as to the appropriate sanction to be imposed; or (3) lay formal charges against you before the Judicial Panel.

Q. How long does this take?
A. Depending on the case it could take as little as a few days, or as long as several months.

Q. What if I do not meet with the AIO but retain someone to represent me instead?
A. Your representative should contact the AIO as soon as possible to obtain information about the complaint. The AIO will then process the complaint through your representative.

Q. What if I can't attend a meeting in a timely manner because I am out of town?
A. Depending on the nature and complexity of the case, it may be possible to conduct the "meeting" via email or telephone; if not, the AIO may wait until you return to Windsor.

Q. What if the professor has told me that he/she is filing a complaint, but I haven't heard from either the Associate Dean or the AIO?
A. This could occur simply because the file has not made its way to those offices yet, or there could be a backlog of cases. It is not uncommon for a file to reach the Associate Dean's Office or the AIO during the semester after the alleged misconduct occurred, especially if the alleged misconduct occurred late in the semester. You are free to contact the Associate Dean's Office or the AIO to inquire as to the status of the complaint at any time.

Q. Who makes the final decision as to what sanction to impose?
A. If a complaint can be disposed of informally, the Associate Dean or the Vice-Provost, Students will make the decision as to what sanction to impose based on the AIO's recommendation. Associate Deans are authorized to impose the following sanctions: Admonition, Letters of Apology, Mark Reduction, Repeat Work for Assessment, or Recommendation to Deny Registration.

The Vice-Provost, Students is also authorized to impose all of those sanctions, as well as these additional ones: Censure, No Credit-Discipline (NCD transcript notation), Denial of Registration, Community Service, Restitution, and Disciplinary Probation.

On the other hand, if the matter proceeds to a Judicial Panel hearing by way of a formal charge and the student is found responsible for the offence, the Judicial Panel will make the final decision. The Judicial Panel is comprised of two professors, one of whom serves as the Panel Chair, and a student. Judicial Panels are authorized to impose any of the sanctions mentioned above, as well as Suspension, Exclusion from Campus Facilities, Exclusion from Campus, and Expulsion.

The President of the University is authorized to rescind degrees in appropriate cases, based on a recommendation from a Judicial Panel or a Discipline Appeal Committee.

Sometimes a sanction is agreed upon during negotiations between the University and the student or the student's counsel, or during mediation, after a charge before the Judicial Panel has been laid but before the Judicial Panel hearing. In that case, the settlement between the parties must be approved by the Judicial Panel. This can occur with or without appearances before the Judicial Panel, depending on the situation.

Q. What if I am in a professional program and the allegation is that I breached the rules of conduct of the professional body that governs my future profession?
A. The above procedures would apply, with the exception that the Head of the Department or Director of the School in which you are registered is authorized to impose the same sanctions that an Associate Dean could impose.

Q. What is the difference between an informal resolution and a formal charge?
A. With the exception of complaints that are dismissed, informal resolutions result in sanctions short of suspension in situations where there is sufficient evidence of the alleged misconduct, the student accepts responsibility, and the misconduct constitutes a first offence (unless the offence is very serious, e.g., exam cheating).

Formal charges are laid typically in one of three situations: (1) the alleged offence is a second or subsequent offence; (2) the alleged offence is serious enough to warrant a suspension (e.g., exam cheating, forgery); or (3) the student denies having committed the offence and the University concludes there is sufficient evidence to demonstrate otherwise. In this situation the matter must be adjudicated by a tribunal because the parties do not agree that an offence was or was not committed.

Q. What happens if a formal charge is filed against me before the Judicial Panel?
A. You will receive a letter from the University Secretariat advising you of that fact. You will also be advised of your right to seek legal representation. The Community Legal Aid Office on campus (519-253-7150) offers free legal assistance to students in misconduct cases. In due course a Notice of Hearing will be issued to the parties by the University's Judicial Affairs and Hearings Officer for a "first hearing," also known as a "first appearance." This occurs at some point within 60 days of the filing of the formal charge.

Q. Will I get a copy of the complaint?
A. Yes. The University is required to provide to you (or your counsel) "disclosure," which is all the evidence in the University's possession that substantiates the complaint. In addition, you (or counsel acting on your behalf) are also required to provide disclosure of all the evidence you intend to rely on in your defence. Disclosure is facilitated through the Office of the University Secretariat (Senate Secretariat division) and must be provided at least one week before the hearing. It typically is provided much earlier, however.

Q. What happens at the first hearing?
A. Both sides appear before the Panel, the charge is read, the student enters a plea, any preliminary motions are raised, and a date is set for the full hearing of the case. If the student pleads guilty, then a date is set for a sanction hearing only.

Q. What if I don't attend the first hearing?
A. Provided there is evidence that you were properly served with the Notice of Hearing, the first hearing will proceed in your absence, and a date for your hearing will be set in your absence.

Q. Can I still register for courses and attend classes while I am waiting for my hearing?
A. Yes.

Q. What kind of proceeding is a disciplinary hearing?
A. In law it is considered an administrative proceeding. The Judicial Panel and Discipline Appeal Committee are administrative tribunals. Disciplinary hearings are public hearings (although there are exceptions) but most frequently only the persons involved attend the hearing.

Q. What happens at a full hearing?
A. The AIO represents the University as the Complainant. The AIO presents an opening statement and then calls witnesses to prove its case. As well the AIO may submit any relevant documentary evidence as part of the University's case. The student or his/her counsel may then cross-examine the University's witnesses. The student and his/her counsel may then open his/her case and call his/her witnesses, following which the AIO will cross examine the student and his/her witnesses. This is typically followed by closing arguments by both sides.

A Judicial Panel may make a decision on the day of the hearing or it may "reserve" its judgment and issue its decision at a later time, both with respect to a finding of guilt or innocence, and the imposition of a sanction. In most cases, the Panel reserves judgment and issues a written decision within two weeks.

Q. What if I don't attend the full hearing?
A. The hearing will, in all likelihood, proceed in your absence, and you will be notified of the result by the Judicial Affairs and Hearings Officer.

Q. What is the standard of proof in disciplinary proceedings at the University?
A. The standard of proof is "balance of probabilities" (more likely than not) based on clear and convincing evidence.

Q. Who has the burden of proof in disciplinary hearings?
A. The University has the burden of proof in hearings before the Judicial Panel. In the case of appeals, whoever is appealing a decision has the burden of proof.

Q. What can happen to me if I am found guilty of an academic offence?
A. Every case is treated individually taking into account aggravating and mitigating factors surrounding the commission of the offence. Under the new Bylaw, there are many more sanctions available than under the old Bylaw, which will provide for more flexibility in sanctioning.

Generally, for serious offences (e.g., exam cheating (regular exams or take-home exams), extensive plagiarism, submitting false documentation, assault, mischief, etc.) the University seeks a suspension. The shortest period of suspension in the past has been four months; the longest, four years. You may visit the "Cases and Sanctions" links on this website to learn more about the specific sanctions that have been imposed in actual cases, keeping in mind, however, that those were dealt with under the old Bylaw where sanctions were more limited.

Q. Do sanctions appear on academic transcripts? If so, for how long?
A. The following sanctions appear on transcripts for a definite period: Censure, Denial of Registration, Community Service, Restitution, Disciplinary Probation, Suspension, Exclusion from Campus Facilities, and Exclusion from Campus. This means that after the relevant time period expires, the notation is removed from the transcript.

The following sanctions appear on transcripts for an indefinite period, unless the student applies for their removal after three years under section 2.4.6.4 of the Bylaw: No Credit-Discipline (NCD), and Expulsion.

Rescission of one's degree is a permanent notation that cannot be removed.

Q. Are students ever suspended without a hearing?
A. Yes, but this is rare. In emergency situations, usually (but not always) related to non-academic misconduct, the Vice-Provost, Students may suspend a student immediately pursuant to section 3.7 of Senate Bylaw 31. If this happens, the student has the right under section 3.7.4 to have the Vice-Provost's decision reviewed by the Discipline Appeal Committee.

Q. Are students ever expelled?
A. Fortunately, expulsion is relatively rare at the University of Windsor. However, it can and has occurred. It is reserved for the most serious offences or repeated offences. For example, it would be the likely outcome in a case of transcript fraud or forgery, or multiple offences.

Q. Can I appeal a decision?
A. Yes. You have the right to appeal any disciplinary decision to the Discipline Appeal Committee pursuant to section 3.3.3 of the Bylaw. The University also has a right to appeal.

Q. What if I am appealing my grade in a course when the subject matter of my grade appeal is the same as the subject matter of an academic misconduct complaint?
A. In that situation, the common practice is that the grade appeal is held in abeyance until the academic misconduct issue is resolved.

Q. What if the complaint against me is related to alleged non-academic misconduct?
A. Most of the above procedures apply, with the following differences:
1. Associate Deans are not involved. Rather, the Vice-Provost, Students is always involved.
2. Fewer sanctions are available, since academic sanctions would have no relevance.
3. Hearings are conducted by a "Student Affairs Judicial Panel," comprised of one faculty member who serves as Chair, one staff member (instead of a second faculty member), and one student member.

Q. What is the time limit within which complaints for academic or non-academic conduct may be filed against students under Bylaw 31?
A. There is no time limit or limitation period governing the filing of complaints. If the alleged misconduct occurred when the student was a student, then it is subject to disciplinary proceedings at the University and a complaint may be filed at any time. A student is considered to be a student for the purpose of disciplinary matters even during breaks in his/her academic program (e.g., during the summer months).