29. Academic Offenses

Note: Consideration of a request to withdraw from a course or courses involved in an academic offence will not be given until the case is resolved.  The Registrar shall enter the grade of INC on the student(s) transcript until such time as the procedures for dealing with the academic offence(s) have been concluded and a final grade is authorized.

Academic offences include, but are not limited to, the following:

29.(A) Plagiarism

Plagiarism includes:

(a) quoting verbatim or almost verbatim from a source (such as copyrighted material, notes, letters, business entries, computer materials, etc.) without acknowledgment;

(b) adopting someone else’s line of thought, argument, arrangement, or supporting evidence (such as, for example, statistics, bibliographies, etc.) without indicating such dependence;

(c) submitting someone else’s work, in whatever form (film, workbook, artwork, computer materials, etc.) without acknowledgment;

(d) knowingly representing as one’s own work any idea of another;

(e) contravention of written instructions of the instructor dealing with plagiarism.

NOTE: In courses which include group work, the instructor must define and warn against plagiarism in group work. Unless an act of plagiarism is identified clearly with an individual student or students, a penalty may be imposed on all members of the group.

29.(B) Procedures Governing Plagiarism

For the purposes of all sections governing findings, and procedures with respect to plagiarism, the phrase ―individual piece of work‖ shall be defined to include, but not be limited to, term papers, essays, theses, dissertations, comprehensive examinations, reports, group projects, practicum and cooperative assessments.

If the instructor suspects plagiarism, in an individual piece of work, the instructor must make every reasonable effort to discuss the suspicion with the student or group of students and follow one of two courses of action:

(a) If the instructor is satisfied that plagiarism was committed, and whether as a result of genuine misunderstanding, or the plagiarism was deliberate, the instructor shall report the name of the student(s) to the Registrar, together with an indication that the plagiarism was either as a result of genuine misunderstanding or was deliberate in nature.

(b) The Registrar shall, upon receipt of a report from the instructor, take the following steps:

  • (i) review the academic record of the student(s) to determine whether there have been any reports or findings of genuine misunderstanding or deliberate plagiarism as against the student(s) during the student(s) pursuit of academic studies at the University;
  • (ii) if the Registrar finds no such previous reports or findings in the students(s)’ academic file, and if the instructor’s report is that the plagiarism appears to be the result of a genuine misunderstanding, the Registrar shall advise the instructor of same, and the instructor shall permit the student to submit a genuine piece of work to be graded in place of the one plagiarized.  The time allowed for submission of the genuine piece of work shall be three weeks from the date of the instructor so notifying the student(s).  If the student(s) submits the genuine piece of work in place of the one plagiarized within this three week period to the instructor, then the instructor shall grade the genuine piece of work and forward the grade to the Registrar (if same is a final grade) or shall use the grade on the genuine piece of work in place of the plagiarized piece of work.  If the student(s) does not submit the genuine piece of work within the three week period stipulated, then the final grade in the course shall be calculated on the basis of the grade of zero in the piece of work.  In either case, the instructor shall report the results of this process to the Registrar in writing.
  • (iii) if the Registrar finds no such previous reports or findings in the student(s)’ academic file, but if the instructors report is that the plagiarism appears to be deliberate in nature, then the Registrar shall schedule a hearing on the allegation of deliberate plagiarism.
  • (iv) if the Registrar finds either a previous report of genuine misunderstanding or a previous finding(s) of deliberate plagiarism in the student(s) academic file, then the Registrar shall schedule a hearing on the allegation of deliberate plagiarism.  A second plea of ignorance by the student(s) will not be accepted in any circumstances where there has been a previous

report of genuine misunderstanding or finding of deliberate plagiarism involving the student(s).

(c) Where the Registrar schedules a hearing into an allegation of deliberate plagiarism on the part of a student(s) the Registrar shall advise the Dean of Graduate Studies, and the Chair or Dean of the student(s)’ program or department where applicable.  The Registrar shall notify the student by registered letter of the regulations, the right to appear before the appropriate Appeals Committee and the procedures involved.  Student(s) are urged to submit to the appropriate Appeals Committee a written statement regarding the case.

29.(C) Other Academic Offences

(a) Cheating on examinations or tests in a course, or cheating on assignments or reports in a course or in a degree requirement for a program;

(b) Impersonating a candidate at an examination or test or in connection with any assignment in a course or in a degree requirement for a program, availing oneself of the results of impersonation.

(c) Obtaining, through theft, bribery, collusion or other improper manner or participating in the purchase or sale of, or offering or accepting a bribe to obtain, or using:

  • (i)  an examination or test paper prior to the date and time for writing the examination or test;
  • (ii) academic materials belonging to another person, e.g. laboratory reports, assignments, papers, computer materials, datasets in a course or a degree requirement for a program;

(d) Falsifying or knowingly submitting false assignments or credentials, records, transcripts, references or other academic documents, or altering research results, whether in a course or in a degree requirement;

(e) Submitting a false health or other certificate in order to obtain an exemption, relief from an academic regulation, or in support of an Article 28 Petition for Relief;

(f) Submitting identical or substantially similar work for one course or degree requirement for a program of study, which has been or is being submitted for another course or degree requirement program of study, without the prior express knowledge and approval of the instructors;

(g) Tampering with, or altering, in any deceptive way, work subsequently presented for a review of the grade awarded in either an individual piece of work or in a final grade review in a course, or work presented pursuant to an Article 27 Academic Appeal;

(h) Knowingly aiding or abetting any of the above offences.

 

29.(D) Procedures Governing Other Academic Offences

(a) The instructor, invigilator or other appropriate person shall, where practical, discuss the matter with the student concerned.

(b) An instructor, invigilator or other appropriate person satisfied that an academic offence has been committed shall report that finding to the Registrar, who shall report it to the Chair of the Department and/or the Dean of the Faculty concerned, and to the Dean of Graduate Studies.

(c) The Registrar will refer the alleged academic offence to the appropriate Committee for hearing and disposition.  The Registrar will refer the alleged academic offence concerning Fredericton campus students to the Senate Student Standings and Promotions Committee; on the Saint John Campus, alleged offences will be referred to the Student appeals Committee.

(d) The Registrar shall notify the student by e-mail or registered letter of the following:

  • (i) the specific academic offence(s) that the student(s) has allegedly committed;
  • (ii) the student(s) right to appear at the hearing before the appropriate Appeals Committee;
  • (iii) the request of the Appeals Committee that the student(s) and the student(s) representative be present at the hearing before the appropriate Appeals Committee;
  • (iv) the request of the Appeals Committee that the student(s) submit a written statement regarding the alleged academic offence to the Registrar for delivery to the appropriate Appeals Committee prior to the date of the hearing;
  • (v) the possible penalties which could be imposed upon the student(s) if the alleged academic offence(s) is proven; and
  • (vi) in addition, the Registrar’s letter to the student(s) shall include a copy of the applicable University Regulations.

(e) Student(s) are entitled to seek the advice of the Student Advocate (Fredericton) or the Director of Student Services (Saint John).  A student is entitled to be represented at the hearing by a person of the student's choice. Where requested in writing by a student, the Student Advocate or the Director of Student Services shall represent the student to the extent requested.

(f) The appropriate Appeals Committee shall schedule a hearing of the alleged offence and shall provide written notice to the student, the instructor and any other parties of the date, time and place of the hearing, normally at least two weeks in advance of the hearing.

29.(E) Hearings on Plagiarism and Other Academic Offences – Order of Proceedings

(a) The Chair shall call the Hearing to order and ask all participants to identify themselves and their role in the hearing. Any member of the Appeals Committee from the GAU in which the student is enrolled, and any member who has had any previous involvement with the case shall not participate as a decision-making member of the Appeals Committee for the particular hearing, and may participate only as an observer or in the role of witness if called by one of the parties to the hearing.

(b) The Chair shall determine that quorum is present. Quorum shall not include members of the Appeals Committee who are excluded as a voting member of the Appeals Committee for the particular hearing as stipulated in paragraph (a).

(c) The Chair shall  ask the secretary of the Appeals Committee to verify that notice of the hearing has been given to the student and the instructor as required by the applicable regulations, and shall ask if there are any questions or objections concerning the jurisdiction and constitution of the Appeals Committee.

(d) The Chair will state the purpose of the hearing is to:

  • (i) hear and consider testimony and written documentation on the alleged academic offence;
  • (ii) make a determination on whether either/or plagiarism or any other academic offence is proven [NOTE the standard of proof is "balance of probabilities"];
  • (iii) subject to a finding of fact that one or more charges is proven, determine what penalty, if any, is to be imposed; (e) The Chair will:
  • (i) Identify the documents before the Appeals Committee which are contained in the written file of the case and confirm that all relevant parties to the hearing have had access to these.  
  • (ii) Ask the parties if they have additional documents to submit at the outset. It may be necessary to allow time for sufficient copies to be made for members at the hearing. It may be necessary to catalogue the documents in question.
  • (iii) The Chair will ask  if there are any questions or objections to entering the documents as part of the record of the hearing.
  • (iv) Each party (the instructor or instructor’s representative and student(s) charged or representative) will have the opportunity to introduce relevant materials or exhibits at any time during the hearing.

(f) The instructor or instructor’s representative will present the case against the student; this representative and any witnesses that  may be  called are subject to questions from members of the Appeals Committee and from the student charged or the student’s representative;

(g) Upon completion of the instructor or instructor’s representative’s presentation, the student charged will have the opportunity to respond to the alleged academic offence and to present a defence. Members of the Committee and the University’s representative have the right to ask questions/cross examine any person giving testimony on behalf of the student.

(h) At the completion of the response of the student or student’s representative, each party will have the opportunity for summation and argument with the student charged going first and the instructor or instructor’s having the last word.

(i) Upon completion of the fact-finding stage of the hearing, the Committee normally will make a determination on whether the alleged academic offence has been proven. This must be done by formal resolution of the Committee. A finding that an offence is proven will require a majority vote of the Committee. In the event of a tie vote, the resolution is considered defeated. A question once decided cannot be brought up again.

(j) In exceptional circumstances where the Committee is unable to reach a finding of fact at the conclusion of the fact finding stage of the hearing, it may reserve its decision and adjourn the hearing.

(k) Where the finding of fact is that one or more academic offences  has been proven, the Committee will determine from the Registrar whether the student has a record of previous academic offences.

(l) The Committee may impose the minimum mandatory penalty prescribed by regulation for a first, second or subsequent offence as the case may be. This must be done by a formal resolution of the Committee.

(m) In the event that the Committee decides to consider imposing a penalty beyond the minimum prescribed penalty for the offence, there shall be a further opportunity provided to hear submissions on potential penalties, which must include, at a minimum, the opportunity for  the student appellant, or the person acting on the student’s behalf, to speak to the discretionary penalty(ies). This opportunity will be provided as a continuation of the hearing, or at a separate hearing in the event that the Appeals Committee has reserved its decision and adjourned the hearing.

(n) The Chair shall outline the potential discretionary penalties available to the Committee.  The student must be provided with an opportunity to understand the implications and consequences of each discretionary penalty being considered by the Appeals Committee, and the hearing may have to be adjourned to afford the student an adequate opportunity to gather information and assess the implications and consequences.

(o) The Committee has discretion to allow the instructor to speak to penalty only under the identical circumstances that the student is entitled to speak i.e. only after the finding of fact and only in the event that the Committee decides to consider a penalty beyond the minimum prescribed for the academic offence. 

(p) Where an instructor or instructor’s representative is permitted to speak to penalty, the student and/or the student’s representative must be given an opportunity both to speak and  to respond to the instructor. Either party may call witnesses and any witness is subject to cross examination by the other party;

(q) Any objections or procedural questions that arise in the course of the hearing are to be addressed to the Chair; the Committee may reserve decision on a procedural matter and will decide on the particular matter before making a determination on fact or penalty as the case may be.

(r) The Chair will swear any witnesses as follows:

  • (i) With Sacred Book: Do you swear that the evidence that you will give before this Tribunal shall be the truth to the best of your knowledge, belief and ability; or
  • (ii) Solemn Affirmation: Do you solemnly affirm that the evidence that you will give before this Tribunal shall be the truth to the best of your knowledge and ability, understanding that this affirmation has the same force and effect as if given under oath pursuant to the Canada Evidence Act.

29.(F) Penalties for Deliberate Plagiarism

In a case of deliberate plagiarism, the penalties are:

First Offence:

If on the hearing of an allegation of deliberate plagiarism or its equivalent, the relevant Committee makes a finding of fact that deliberate plagiarism is proven, the following minimum penalty, as set out in paragraph (a) will be invoked: 

(a) The student(s) will receive a grade of F on the individual piece of work or a denial of credit for the individual piece of work, and a notation will be placed on the student(s)’ transcript of academic record concerning the academic offence.  The length of time the notation appears on the student(s) transcript of academic record is to be decided when the penalty is imposed and will depend upon the severity of the offence.

(b) At the discretion of the Appeals Committee, and depending on the severity of the offence, student(s) may receive a grade of F in the course or a denial of credit in a/the degree requirement, subject to the procedures as are set out in paragraphs (m) through (o) of Article 29.(E) of this Regulation entitled Hearings on Plagiarism and Other Academic Offences – Order of Proceedings.

Second Offence:

In cases where the relevant Appeals Committee makes a finding of fact that a second allegation of deliberate plagiarism has been proven, the relevant Appeals Committee will impose the following minimum penalty as set out in paragraph (a):

(a) The student(s) will receive a grade of F in the course, or a denial of credit in a/the degree requirement and a notation of the academic offence will appear on the student(s)’ transcript of record. The length of time the notation appears on the student(s)’ transcript of academic record is to be decided when the penalty is imposed.  In addition, the relevant Appeals Committee will recommend to the President that the student(s) be suspended for a period not to exceed one (1) academic term, subject to the procedures as set out in the paragraphs (m) through (o) of Article 29.(E) of this Regulation entitled Hearings on Plagiarism and Other Academic Offences – Order of Proceedings.

(b) Depending upon the severity of the offence, the Appeals Committee may, at its discretion, recommend to the President that the student(s) be suspended for a period in excess of one (1) term but not to exceed one (1) year, subject to the procedures as are set out in paragraphs (m) through (o) of Article 29.(E) of this Regulation entitled Hearings on Plagiarism and Other Academic Offences – Order of Proceedings.

Third or Subsequent Offence:

In cases where the relevant Appeals Committee makes a finding of fact that an allegation of deliberate plagiarism has been proven for a third or subsequent offence, the relevant Appeals Committee shall impose the following minimum penalty, as set out in paragraph (a):

(a) The student(s) will be required to withdraw from the University, and a notation of the academic offence will appear on the student(s)’ transcript of record.  The length of time the notation appears on the student(s)’ transcript of academic record is to be decided when the penalty is imposed.

(b) Depending upon the severity of the offence, the Appeals Committee may, at is discretion, recommend to the President that the student(s) be expelled subject to the procedures as are set out in paragraphs (m) through (o) of the section of this Regulation entitled Hearings on Plagiarism and Other Academic Offences – Order of Proceedings.

29.(G) Penalties for Other Academic Offences

First Offence

If on the hearing of an allegation of an academic offence, the relevant Committee makes a finding of fact that the academic offence is proven, the following minimum penalty, as set out in paragraph (a) will be invoked:

(a) Student(s) would receive an F in the examination, test, assignment, course, piece of work, or a denial of credit in a/the degree requirement.  A notation will be placed on the student(s)’ transcript of academic record concerning the academic offence. The length of time the notation appears on the student(s) transcript of academic record is to be decided when the penalty is imposed and will depend upon the severity of the offence.

(b) At the discretion of the Appeals Committee, and depending upon the severity of the offence, student(s) may receive a grade of F in the course, or a denial of credit in a/the degree requirement, subject to the procedures as are set out in paragraphs (m) through (o) of Article 29.(E) of this Regulation entitled Hearings on Plagiarism and Other Academic Offences – Order of Proceedings

Second Offence

In cases where the relevant Appeals Committee makes a finding of fact that a second allegation of academic offences proven, the relevant Appeals Committee will impose the following minimum penalty as set out in paragraph (a):

(a) Student(s) will receive an automatic F in the course or a denial of credit in a/the degree requirement and a notation will be placed on the student(s)’ transcript of academic record concerning the academic offence. The length of time the notation appears on the student(s)’ transcript of academic record is to be decided when the penalty is imposed and will depend upon the severity of the offence.  In addition, the relevant Appeals Committee will recommend to the President that the student(s) be suspended  for a period not to exceed one (1) academic term, subject to the procedures as set out in paragraphs (m) through (o) of Article 29.(E) of this Regulation entitled Hearings on Plagiarism and Other Academic Offences – Order of Proceedings.

(b) Depending upon the severity of the offence, the Appeals Committee may, at its discretion, recommend to the President that the student(s) be suspended for a period in excess of one (1) academic term but not to exceed one (1) year, subject to the procedures as are set out in paragraphs (m) through (o) of Article 29.(E) of this Regulation entitled Hearings on Plagiarism and Other Academic Offences – Order of Proceedings

Third Offence

In cases where the relevant Appeals Committee makes a finding of fact that an allegation of academic offences proven for a third or subsequent offence, the relevant Appeals Committee shall impose the following minimum penalty, as set out in paragraph (a)

(a) Student(s) will be required to withdraw from the University, and a notation will be placed on the student(s)’ transcript of academic record concerning the academic offence. The length of time the notation appears on the student(s)’ transcript of academic record is to be decided when the penalty is imposed and will depend upon the severity of the offence.  

Depending upon the severity of the offence, the Appeals Committee may, at its discretion, recommend to the President that the student(s) be expelled subject to the procedures as are set out in paragraphs (m) through (o) of the section of this Regulation entitled Hearings on Plagiarism and Other Academic Offences – Order of Proceedings