Harpur Administrative Hearing Procedures
Introduction
A first minor (Category I) violation of the Student Academic Honesty Code may be handled by the instructor by requesting that the student sign an Admission of Dishonesty Form describing the violation and specifying the penalty. By signing it, the student admits to the dishonesty and accepts the penalty. In some cases, the student may not be eligible to sign an Admission of Dishonesty Form for an academic honesty offense, either because they have violated the academic honesty code in a previous instance or because of the severity of the charge. The student may also decline to sign the Admission of Dishonesty form. In cases where the student is not eligible to sign an Admission of Dishonesty Form, declines to sign it, or revokes their signature within 30 calendar days, the charge is adjudicated as a Category II, allowing the student to present their case to the Honesty Board or Honesty Administrator.
Academic honesty charges for Category II cases may be submitted by instructors, staff, or students to the Academic Honesty Committee Secretary (honesty@binghamton.edu) and must go to a hearing. The College defines the following as Category II cases:
- A second or subsequent violation of the Academic Honesty Code;
- An Admission of Dishonesty form is not signed;
- A first violation deemed serious enough by the instructor to warrant a hearing; and
- A first violation not eligible to be treated as a Category I due to the nature of the violation.1
1 Fabrication and misrepresentation, forgery, sabotage, and bribery are always adjudicated as Category II violations.
The Chair facilitates a hearing upon receipt of written charges and supporting evidence submitted by the instructor or person bringing the charge for the following violations: fabrication and misrepresentation, forgery, sabotage, bribery, plagiarism, cheating, and/or other offenses. Cases may also be brought to the committee by students who believe they have been unjustly accused of academic dishonesty, or by students who believe they have witnessed instances of academic dishonesty and who wish to bring this to the attention of the Academic Honesty Committee.
An offense may proceed through the Administrative Hearing process if the charge is plagiarism, cheating, multiple submission, or unauthorized collaboration and is not deemed by the Chair to be so severe that it must go to a Board Hearing. A case may proceed through the Administrative process if one of the following is true:
- The evidence is largely physical (e.g., the student’s paper with the accompanying sources alleged to have been plagiarized; emails; a forged document; the student’s exam and the exam answer key); and/or
- The student admits to the violation.
The Chair will determine which process a case is subject to, except in cases involving fabrication and misrepresentation, forgery, sabotage, or bribery, which must go through the Hearing Board.
The Associate Dean who oversees Academic Honesty makes the final ruling on all cases.
Administrative Hearings
An Administrative Hearing is conducted by a Harpur College faculty or staff member who has been appointed by the Dean.
Prior to the hearing, the Hearing Administrator may gather information and supporting documents from the person bringing the case, referred to as “the charge,” or others related to the case, to determine if the charge has merit and/or if the case may be handled through the Administrative Hearing process. The Hearing Administrator will notify the student of the charge in writing in advance of the hearing.
Administrative Hearings are closed. The student charged may opt to have a Binghamton University student, faculty, or staff member attend the hearing in an advisory capacity; advisors may only speak to the student charged and may not address the Administrator.
At the Administrative Hearing, the Hearing Administrator meets with the student charged in the incident. The student has the right to have the person presenting the charge attend the hearing. The student must notify the Hearing Administrator in writing at least three business days prior to the hearing if they wish for the person presenting the charge to be present. The Hearing Administrator may choose to have the person presenting the charge attend the hearing; the person presenting the charge also has the right to be present at the hearing.
During the hearing, the Hearing Administrator will allow sufficient time for the student to make a statement and to respond to the allegations. The Hearing Administrator may question the student regarding specifics. If the person bringing the charge is present, that person may also make a statement, and ask or respond to questions regarding the case. The student has the right to question the person bringing the charge and to rebut statements.
If the student charged does not attend the Administrative Hearing, the Hearing Administrator will consider the information available and make a recommendation regarding the student’s responsibility and sanctions, if any.
The Hearing Administrator will not provide the student with the recommendation at the hearing. The Hearing Administrator will forward notes from the meeting and the evidence to the Associate Dean, including a determination as to whether the student charged violated the Student Academic Honesty Code and, if so, any recommended penalty.
Recommendations
The Hearing Administrator may recommend the following findings and penalties to the Associate Dean:
- There is not sufficient evidence to determine that the student has violated the Student Academic Honesty Code; no penalty is assigned.
- The student has violated the Student Academic Honesty Code and is placed on honesty probation. The Hearing Administrator may recommend that a notation be placed on the student’s transcript regarding the honesty violation, and the notation’s length, not to exceed two years. Transcript notation is applied at the time the student is notified of the decision. After that period, the student must notify the university for removal of the transcript notation; instructions will be included in the letter with the final disposition of the case.
- The student has violated the Student Academic Honesty Code and may be suspended and denied course registration for a specified period of time, not to exceed two semesters, dependent on the seriousness of the violation. Graduating students who are suspended will have their degree conferral delayed for a specified period. Students will be permitted to finish any courses they are registered for at the time they receive their decision letter. Suspensions extend through the end of the main (Fall or Spring) semesters, and students who are suspended may not register for classes during any intervening period, such as Winter or Summer Session. A notation will be placed on the student’s transcript regarding the honesty violation; the Hearing Administrator will recommend the notation’s length, not to exceed two years. Transcript notation is applied at the time the student is notified of the decision. After that period, the student must notify the university for removal of the transcript notation; instructions will be included in the letter with the final disposition of the case.
- The student has violated the Student Academic Honesty Code and may be expelled and have no opportunity to return to Binghamton. Students will be permitted to finish any courses they are registered for at the time they receive their decision letter. Expulsions are noted on the student’s transcript as soon as the decision is made. The student must contact the university for removal of the transcript notation two years after the date of the decision letter.
- Additional actions may be imposed, based on the circumstances in the case and the severity of the infraction.
Disposition of the Case
The Associate Dean reviews the case materials and the Hearing Administrator's recommendation to ensure their alignment with institutional norms and policies. After consideration of the case file and the Administrator's recommendation, the Associate Dean makes a final adjudication on whether it can be determined that the Student Academic Honesty Code was violated and, if so, any assigned penalties.
Within six weeks of the hearing, the Associate Dean sends a letter announcing the disposition of the case to the student, the person(s) who brought the charge, and the Chair of the Honesty Committee.
In the event that a violation is determined to have occurred, the student is notified that a record of honesty violations is kept on file, and that further violations of the Student Academic Honesty Code may result in a more severe penalty. The student is also informed that this information will be released to other institutions should the student submit a written authorization for release of disciplinary information to law schools, medical schools, state bar committees, other professional licensing entities, etc. If the penalty includes transcript notation, the student will be provided with the earliest date by which they may request to have the notation removed. Records are kept in a confidential file for six years following the student’s absence from the University whether as a graduate or not. Expulsion records are kept indefinitely.
The student may appeal the Associate Dean’s decision and any penalty by submitting a written appeal and any supporting documentation to the Dean of Harpur College within 14 calendar days of the distribution of the letter of disposition. Appeals are submitted to honesty@binghamton.edu, and forwarded with the case file to the Dean of Harpur College for review.