VIII. Process for Respondents to Respond to the Three Forms of Complaint

In all matters before the COD, a respondent is provided all the information available to the Chair and the COD and an opportunity to respond. Refusal or failure by the respondent to participate in any part of the COD process shall not prevent the COD from resolving the complaint based upon the information available, but it may result in the Chair restricting the information a respondent can provide at a hearing.

A. General Complaint

Following receipt of a general complaint, OSC will notify the respondent that a complaint has been received and will provide a list of policies alleged to have been violated.

i. Respondent is required to meet with OSC.  The purpose of this initial meeting is to give the respondent an opportunity to respond to the allegations verbally, provide an opportunity for the respondent to reflect on and learn from his or her behavior, and discuss the COD procedures.

ii. Following the initial meeting, the respondent has an opportunity to submit a written statement to the COD.  If the respondent chooses to submit a statement, it must be submitted to the OSC within five business days of the initial meeting with OSC.  The respondent may waive the right to this five-day period to request expedited COD action. The waiver must be submitted in writing to the OSC.

iii. The respondent will be required to certify that his or her written response is his or her own original work and the respondent must cite sources, editors, and collaborators appropriately.

iv. Respondent's response may include the names of any witnesses or advisors or those may be submitted at a later date, should the case proceed to a hearing.

v. Following the submission of a written response by the respondent or the deadline to submit a response elapsing without a statement being submitted, the case will be reviewed by the Chair to determine which method will be used to resolve the case as described in Section VIII.

a. If the Chair determines the case should be handled using administrative resolution, the respondent will be notified of the outcome of the case in writing following the administrative resolution.

b. If the Chair determines the case should be handled using a hearing or sanctioning panel, the respondent will be notified of the date, time, and place of the hearing or sanctioning panel and an opportunity to submit statements, or other documents in advance of the hearing or the sanctioning panel.  Hearings will be conducted according to the procedure described in Section IX.  Sanctioning panels will be conducted according to the procedure described in Section X.

vi. Once the respondent has been notified of the charges, unless the Chair provides an exception, the respondent's academic transcript will not be released either to the respondent or to any third party pending the resolution of the complaint.

vii. The respondent will not graduate if subject to a pending COD complaint in which the Chair, after consultation with the Chancellor, determines the complaint alleges sufficiently serious allegations.

 

B. Sexual Misconduct, Intimate Partner Violence, or Stalking Complaint

Special complaint handling procedures are described in Section XIII.

 

C. Faculty Letter to File

The Chair will review any faculty letter to file (see Section VI-C) and may consult with the referring faculty member to determine if there needs to be any further action on the complaint. The Chair may direct the case to be handled by administrative resolution, hearing, or sanctioning panel.  In such cases, the letter to file will be treated as a complaint (see Section VI(C)(2)). If the Chair accepts the letter as a faculty letter to file, the respondent will have five business days to choose one of the following responses to such a letter to file:

i. The respondent may choose not to respond.  If the respondent chooses this option, the faculty letter to file will be considered a finding of responsibility for the academic integrity violation specified in the complaint.  No sanctions other than the notation of the situation in the faculty letter to file will be assigned.

ii. The respondent may choose to submit a written response to be maintained with the faculty letter to file.  In this case, the faculty letter to file will be considered a finding of responsibility for the academic integrity violation specified in the complaint.  No sanctions other than the notation of the situation in the faculty letter to file will be assigned.  The response submitted by the respondent will be reviewed in the event of further allegations.  The respondent will be required to certify that his or her written response is his or her own original work and the respondent must cite sources, editors, and collaborators appropriately.

iii. The respondent may challenge the faculty letter to file by requesting a COD review of the case.  If the respondent chooses this option, the faculty letter to file will be considered a general complaint and the appropriate procedures will be followed.

 

 

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