15. Academic offences

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.

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

15.(A) Plagiarism

UNB defines plagiarism as presenting words, visuals, thoughts and/or ideas that do not belong to/were not created by you, as your own without proper acknowledgment of the original source. Plagiarism applies to any work that is not properly acknowledged, regardless of the format of that work. Different formats of work may include, but are not limited to, materials that are published and unpublished, written or spoken, scientific and mathematical concepts, algorithms, code, images and art, and any of the above generated through automated production of text or other media (such as artificial intelligence). When in doubt, review the course syllabus or consult with your course instructor and ask if appropriate.

Plagiarism is a form of academic dishonesty and can occur deliberately or as a result of genuine misunderstanding. Genuine misunderstanding occurs due to lack of knowledge and understanding of what constitutes plagiarism and is unintentionally presenting work as your own without proper acknowledgement. A formal finding of genuine misunderstanding can only occur once, any subsequent incident(s) will be treated as an allegation of deliberate plagiarism as outlined in the plagiarism procedures, item 1.

Deliberate and genuine misunderstanding are both considered forms of plagiarism.

Some examples of plagiarism include but are not limited to:

1. Adopting someone else’s or an automated writing partner or editor’s line of thought,argument, arrangement, programming code or supporting evidence without properacknowledgment.
   
   
2. Copying from any source, without proper acknowledgement.
   
   
3. Paraphrasing by using different words, programming code, and/or phrasing to presentthe ideas of the original source/s without proper acknowledgement. Examples include,but not limited to, copying text verbatim but swapping words with synonyms.
   
   
4. Unattributed patchwriting by copying elements from different sources, attempting tocombine them to create new work and presenting as original work.
   
   
5. Not using quotation marks to identify exact borrowed wording while also failing toproperly acknowledge the source/s from which the wording was obtained.
   
   
6. Using charts, graphs, statistics, images programming code or other illustrative media that is not your own without proper acknowledgement.
   
   
7. Programming code plagiarism by copying, adapting or reproducing program code andpresenting as your own.

Note: For all work that a student submits for any form of academic credit, automatedproduction may not be used in a way that would constitute academic plagiarism if theautomated produced text, code, and/or media were a human author whose work wasused without attribution.

Acknowledgement

Proper acknowledgement involves giving credit to the original author/creator of work or idea(s) you are using that are not your own. This may take the form of citations, acknowledgement (or disclosure or declaration) statements, or both.

The proper citation format will depend on the instructor’s preferred style of citation, but generally include the author of the original work, the title of the original work, the year of publication and the name of the publisher.

Acknowledgement statements indicate how automated production of text or other media (such as artificial intelligence) were utilized in your coursework, and may include the tool name, the prompt(s) utilized, and a statement of how the output(s) were adapted or adopted.

In all cases, refer to your course syllabus to determine the appropriate citation style for your course.

Citation resources are available through the UNB Libraries Academic Integrity Guide and the Writing Centres.

Note: In courses which include group work, a penalty may be imposed on all members of the group unless an act of plagiarism is identified clearly with an individual student or students.

Procedures

In the case of plagiarism, the instructor must make every reasonable effort to discuss the case with the student or group and follow one of two courses of action:

1. If the instructor is satisfied that the plagiarism was the result of a genuine misunderstanding, the instructor shall complete an academic offence incident report in a form approved by the Registrar's Office, containing the student's name and the particulars of the incident, and submit to the Registrar who shall advise the appropriate Dean, and the Chair of the student's program or Department where applicable. The Registrar shall notify the student by registered letter and/or electronic mail of the regulations governing plagiarism, the possible consequences, the student's right to appeal, the right to appear before the appropriate appeals committee (Student Standing and Promotions Committee on the Fredericton campus and Senate Student Appeals Committee on the Saint John campus), and the procedures involved. The Registrar shall make available to the student a copy of the academic offence incident report and supporting documentation. While a case of plagiarism resulting from genuine misunderstanding will not be considered a student's first offence, a second plea of ignorance by the same student in response to a subsequent allegation of plagiarism will not be accepted; similarly, a subsequent incident report indicating that the alleged plagiarism is a result of genuine misunderstanding responding will be treated as an allegation of deliberate plagiarism. A student responding to the instructor's allegation must do so in writing within three weeks of the date of the Registrar's notification. The student is urged to submit to the appropriate appeals committee a written statement regarding the case. In a first incident of plagiarism resulting from genuine misunderstanding, the instructor may permit the student to submit a genuine piece of work to be graded in place of the one plagiarized. If the student does not appeal, the time allowed for submission of work is three weeks from the date of the Registrar's letter of notification. In the case of an appeal, where the instructor's allegation is upheld, the period of time allowed for submission is as determined by the appropriate appeals committee.
   
   
2. If, in the view of the instructor the plagiarism was deliberate, the instructor shall complete an incident report in a form approved by the Office of the Registrar, containing the student’s name and the particulars of the incident, and shall submit to the Registrar who will advise the Dean of the Faculty concerned and the Chair of the student's program or department where applicable. The Registrar shall notify the student by registered letter and/or electronic mail of the regulations governing plagiarism, the possible consequences, the student’s right to appeal, the right to appear before the appropriate appeals committee, and the procedures involved. A student appealing the charge of an academic offence must do so in writing within three weeks of the date of the Registrar's letter of notification. On receiving an incident report alleging an act of deliberate plagiarism, or on receiving an incident report alleging a second commission of plagiarism by the student which is determined viewed by the instructor to be as a result of genuine misunderstanding, the Registrar shall refer the matter for a hearing to the appropriate appeals committee. A student who wishes to respond to this allegation is urged to submit to the appeals committee a written statement regarding the case, within three weeks of the date of the Registrar’s letter of notification. The Registrar shall inform the student by registered letter or electronic mail of the referral to the appeals committee, and the wish of the Committee that the student be present when the case is heard.
   
   
3. The appropriate appeals committee, upon the conclusion of a hearing into the case, or following the review of the written materials if the student does not appear, must make one or more of the following findings prior to proceeding to an assessment of a penalty for deliberate plagiarism. i. On hearing a case involving a first incident report alleging that a student has committed an act of deliberate plagiarism, the appeals committee must first decide whether an act of plagiarism has occurred. If the Committee so finds, the Committee must then determine whether the plagiarism was deliberate, or an act of genuine misunderstanding. If the former, the appeals committee will proceed to assess penalties in accordance with this Regulation, if the latter, the appeals committee will assess no penalty, but will direct the Registrar to note in the student’s academic file that the student has had one finding of genuine misunderstanding. ii. If the case before the appeals committee (i) follows a prior finding of plagiarism, or (ii) is a second allegation of plagiarism as a result of genuine misunderstanding, the appeals committee may not make a further finding of genuine misunderstanding in disposing of the case. The appeals committee may only make a finding that the alleged act of plagiarism was deliberate plagiarism or that the alleged act of plagiarism was not an act of plagiarism.

Penalties for Deliberate Plagiarism

In case of deliberate plagiarism, the penalties are:

First Offence: If the student does not appeal or if, on appeal, the Committee upholds the instructor's allegation:

1. 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 on the severity of the offence.
   
   
2. The student may be required to submit a satisfactory and genuine piece of work to replace the one involving plagiarism. If the assignment is not resubmitted or is unsatisfactory, the student will receive a grade of F (zero) in the course. NOTE: If this penalty is assessed, the period of time allowed for the submission of the work will be determined by the Registrar in consultation with the faculty member making the charge and, where appropriate, the Committee.
   
   
3. The student will receive a grade of F (zero) for the piece of work and, depending on the severity of the offence, may receive a grade of F for the course.
   
   
4. Other penalties as outlined in penalties for Other Academic Offences may be imposed.

Subsequent Offence: In cases where the Committee considers that the student has plagiarized again:

1. The student will receive a grade of F for the course, 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.
   
   
2. Other penalties as outlined in penalties for Other Academic Offences may be imposed.

15.(B) Other Academic Offences

1. Cheating on examination, tests, assignments or reports, including but not limited to: Impersonating a candidate at an examination or test or in connection with any assignment in a course or availing oneself of the results of impersonation. Obtaining, through theft, bribery, collusion, purchase, or other improper manner, a. an examination or test paper prior to the date and time for writing the examination or test; b. academic materials belonging to another person, e.g. laboratory reports, assignments, papers, computer materials, datasets.
   
   
2. Falsifying or knowingly submitting false assignments or credentials, records, transcripts, or other academic documents.
   
   
3. Submitting a false health or other certificate.
   
   
4. Submitting identical or substantially similar work for one course or program of study, which has been or is being submitted for another course or program of study, without the prior express knowledge and approval of the instructors.
   
   
5. Interfering with the right of other students to pursue their studies.
   
   
6. Knowingly aiding or abetting any of the above offences.
   
   
7. Tampering with, or altering, in any deceptive way, work subsequently presented for a review of the grade awarded.

Procedures

The instructor and, where applicable, the invigilator or other appropriate person shall, where practical, discuss the matter with the student concerned.

The instructor or the instructor's representative, if satisfied that an academic offence has been committed, shall complete an academic offence incident report and shall submit it, together with attached information, to the Registrar. The Registrar shall report it to the Chair of the Department (where applicable) and the Dean of the Faculty concerned. Each case will be referred by the Registrar to the appropriate Committee for review and appropriate action. The Registrar shall inform the student by registered letter and/or electronic mail of the referral to the Committee, the student's right to respond, the wish of the Committee that the student be present when the case is heard, and the procedures involved. A copy of the academic offence report and attached information will be provided to the student in a timely manner. The student is urged to submit to the Committee a written statement regarding the case. A student responding to the decision, shall do so in writing within three weeks of the date of the Registrar's letter of notification.

Penalties

A student who is found guilty of an academic offence will have two penalties imposed:

1. A notation 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.
   
   
2. A grade of F (zero) in an examination, test or course.
   
   
3. One of the following penalties may also be imposed.
   
   
4. A recommendation to the President for suspension for a specified period. The recommendation is to include the length of time the notation is to appear on the student's transcript of academic record.
   
   
5. A recommendation to the President for expulsion from the University. If the student is expelled, a permanent notation will appear on the student's transcript of academic record.

15.(C) General

1. 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.
   
   
2. Students on the Fredericton Campus will submit appeals to the Senate Student Standings and Promotions Committee; on the Saint John Campus, appeals will be submitted to the Students Appeals Committee.

15.(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.

15.(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.

15.(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 15.(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 15.(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 15.(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.

15.(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 15.(E)of this Regulationentitled 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 15.(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 15.(E)of this Regulationentitled 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 Regulationentitled Hearings on Plagiarism and Other Academic Offences – Order of Proceedings