Procedures & Rules

This document contains a summary of the rules and procedures used by the Committee on Academic Misconduct (COAM), as excerpted from The Ohio State University’s Code of Student Conduct (version as of September 2, 2016).

3335-23-04 Prohibited conduct

Any student found to have engaged, or attempted to engage, in any of the following conduct while within the university's jurisdiction, as set forth in section 3335-23-02 of the Administrative Code, will be subject to disciplinary action by the university. For the purposes of this section, attempt shall be defined as conduct that, if successful, would constitute or result in the prohibited conduct.

  1. Academic misconduct

    Any activity that tends to compromise the academic integrity of the university or subvert the educational process. Examples of academic misconduct include, but are not limited to:

    1. Violation of course rules as contained in the course syllabus or other information provided to the student;
    2. Knowingly providing or receiving information during examinations such as course examinations and candidacy examinations; or the possession and/or use of unauthorized materials during those examinations;
    3. Knowingly providing or using unauthorized assistance in the laboratory, on field work, in scholarship or on a course assignment;
    4. Submitting plagiarized work for an academic requirement. Plagiarism is the representation of another's work or ideas as one's own; it includes the unacknowledged word-for-word use and/or paraphrasing of another person's work, and/or the inappropriate unacknowledged use of another person's ideas;
    5. Submitting substantially the same work to satisfy requirements for one course or academic requirement that has been submitted in satisfaction of requirements for another course or academic requirement without permission of the instructor of the course for which the work is being submitted or supervising authority for the academic requirement;
    6. Falsification, fabrication, or dishonesty in creating or reporting laboratory results, research results, and/or any other assignments;
    7. Serving as, or enlisting the assistance of, a substitute for a student in any graded assignments;
    8. Alteration of grades or marks by the student in an effort to change the earned grade or credit;
    9. Alteration of academically related university forms or records, or unauthorized use of those forms or records;
    10. Engaging in activities that unfairly place other students at a disadvantage, such as taking, hiding or altering resource material, or manipulating a grading system; and
    11. Violation of program regulations as established by departmental committees and made available to students.

       …

  1. Student conduct system abuse

    Abuse of any university student conduct system, including but not limited to:

    1. Failure to obey the summons or directives of a student conduct body or university official;
    2. Falsification, distortion, or misrepresentation of information before a student conduct body;
    3. Disruption or interference with the orderly conduct of a student conduct proceeding;
    4. Knowingly instituting of a student conduct proceeding without cause;
    5. Discouraging an individual's proper participation in, or use of, a university student conduct system;
    6. Influencing the impartiality of a member of a student conduct body prior to, and/or during the course of a student conduct proceeding;
    7. Harassment and/or intimidation of a member of a student conduct body prior to, during, and/or after a student conduct proceeding;
    8. Failure to comply with one or more sanctions imposed under the code of student conduct; and
    9. Influencing another person to commit an abuse of a university student conduct system.

Student conduct procedures

3335-23-05 Initiation and investigation of code violations
  1. Initiation

    Person(s) witnessing or experiencing what they believe to be a possible code violation should provide an authorized university official with the information.

       …

    1. Complaints regarding academic misconduct should be referred to the coordinator of the committee on academic misconduct.
  2. Investigation

       …

      1. The coordinator of the committee on academic misconduct is authorized to investigate allegations involving academic misconduct. [see rule 3335-23-14]
    1. Role of other participants
      1. During the investigation, the student allegedly involved in misconduct may be:
        1. notified of the alleged violation,
        2. requested to make an appointment to discuss the matter, and
        3. provided a date by which the appointment must be made.
      2. Any person believed to have information relevant to an investigation may also be contacted and requested to make an appointment to discuss the matter.
    2. Failure to comply with a request to make and keep an appointment relevant to an investigation may result in a disciplinary hold being placed on a student's registration and records and/or the initiation of charges for student conduct system abuse.
    3. Upon completion of an investigation, the investigator will decide upon an appropriate course of action, which may include, but is not limited to:
      1. Taking no further action,
      2. Deferring further action with or without conditions, or
      3. Initiating charges with the appropriate university student conduct body.

     

    3335-23-06 Filing of complaint and initiation of charges

    A complaint alleging a violation of the code of student conduct should be filed with the university as soon as practicable following the discovery of the alleged violation. Absent extraordinary circumstances, the written complaint must be filed within six (6) months for cases of non-academic misconduct (3335-23-04 (B-Q)), and one (1) month for academic misconduct (3335-23-04 (A)), from the date upon which a university official becomes aware of the alleged violation and identifies the student(s) who allegedly committed the violation. Absent extraordinary circumstances, the university must initiate charges, if any, within one (1) year of the filing of the complaint.

    3335-23-07 Notice of charges
    1. Notification
      Students shall be notified of university charges in writing, unless a more effective form of notification is deemed appropriate. Charges may be presented in person, by placement in a student's residence hall mailbox, by email to the respondent’s official university email address (which may direct the student to view the notice on a secure website) or by mail to respondent's local or permanent address on file in the office of the university registrar.
    2. Current address
      All students are required to maintain an accurate and current local and permanent address with the University Registrar.
    3. Meeting with university official
      Following notification of charges, students are strongly encouraged to and shall be afforded the opportunity to meet with a university official for the purpose of explaining the university student conduct process and discussion of the charges.
    4. Failure to respond
      Failure of the respondent to respond to the initiation of charges or schedule a preliminary meeting shall in no way prevent the university from scheduling and conducting a hearing in the absence of the respondent.

     

    3335-23-08 Administrative decision

    In a case where a respondent admits to such violation(s) in writing, the student may request in writing to have a decision as to appropriate action made administratively by a hearing officer rather than have the charges referred to a hearing body. In such situations, the student waives the right to a hearing and the related procedural guarantees provided by a hearing body. Administrative decisions in academic misconduct cases involving graduate students are to be made in consultation with the graduate school. Following an administrative decision, the student retains the right to request an appeal of the original decision, but may do so only upon the ground that the sanction is grossly disproportionate to the violation committed.

     

    3335-23-09 Notice of hearing & request for postponement
    1. Notice
      If a hearing is to be held, written notification will be provided to the respondent. The notice may be hand delivered; placed into a student's residence hall mailbox; sent by email to the student’s official university email address, which may direct the student to view the notice on a secure website; or mailed to the last known address of the student, by first class mail, no fewer than ten (10) calendar days prior to the hearing. Unless already provided to the student, the notification will include the charge(s), date, time, and location of the hearing, the designated hearing body, a statement of the student's rights, and information on the hearing procedures.
    2. Postponement
      The respondent and the complainant may request a postponement for reasonable cause or a separate hearing from other respondents. A request for a postponement for reasonable cause must be made in writing, include supporting rationale, and be received by the person sending the hearing notification at least two (2) business days before the scheduled hearing.
    3335-23-10 Hearing procedures

    Although the procedural requirements are not as formal as those existing in criminal or civil courts of law, to ensure fairness, the following procedures will apply and, unless already provided to the student, be included within the hearing notice:

    1. Attendance
      Attendance at hearings is limited to those directly involved or those requested by the hearing body to attend. The hearing body will take reasonable measures to assure an orderly hearing, including removal of persons who impede or disrupt proceedings.
    2. Advisor
      The respondent may have an advisor throughout the disciplinary process. The advisor may only counsel the student and may not actively participate in the disciplinary process, unless clarification is needed as determined by the hearing body.
    3. Written statements & witnesses
      The respondent may: submit a written statement, invite relevant factual witnesses to attend, invite character witnesses to submit written statements, ask questions of witnesses called by others, and will be notified of potential witnesses to be called. The respondent must submit a list of potential witnesses to the hearing officer at least two (2) business days prior to the hearing. The university may present witnesses as well as question those presented by the respondent and the complainant.
    4. Witness absence
      The hearing body or board coordinator may allow written statements if, for good reason, a fact witness cannot attend the hearing.
    5. Consultants
      In cases requiring special expertise, the hearing body may appoint individuals with appropriate expertise to serve as consultants to the hearing body. The consultants may be present and provide information as called upon during the hearing but will not vote.
    6. Standard of evidence
      A student will only be found in violation if a preponderance of evidence supports the charges. In the event of a tie, the board will continue to deliberate. If after the board determines that exhaustive deliberations have occurred and a majority decision is not reached, the student will be found not in violation.
    7. In cases where prompt review is essential (e.g., when graduation or the end of the academic year is imminent) the respondent may be offered the option of an expedited administrative review consisting of an administrative decision or administrative hearing. The respondent may decline such expedited review without the expectation that the process can be completed on an expedited timeline.
    3335-23-11 Attendance

    Because the most accurate and fair review of the facts can best be accomplished when all parties are present, the respondent and the complainant are strongly encouraged to attend and participate. If an individual does not choose to attend a hearing, the charges will be reviewed as scheduled on the basis of the information available, and a decision will be made. Although no inference may be drawn against a student for failing to attend a hearing or remaining silent, the hearing will proceed and the conclusion will be based on the evidence presented. No decision shall be based solely on the failure of the respondent to attend the hearing or answer the charges.

    3335-23-12 Record of proceedings

    A single record consisting of written notes, tape recording, or other method selected by the hearing body, will be made of all hearings. Such record will remain the property of the university but will be made available to the respondent and the complainant for review during the appeal period. A written notice of the decision and, if found in violation, information regarding appeal procedures will be provided to the respondent.

    3335-23-13 Hearing bodies
    1. In addition to the committee on academic misconduct, the university conduct board, the director of student conduct, hearing officers within the student conduct system, the coordinator of the Committee on Academic Misconduct, and university housing professional staff are to be considered as official university hearing bodies, and may hear cases of alleged violations of the code affording the respondent the same procedural guarantees as provided in hearings by a committee or board.
    2. The respondent has the right to accept responsibility for the charges, which will result in an administrative decision, or choose to have a hearing.
    3. Students will generally be afforded the right to choose an administrative or board hearing, except under special circumstances where, in order to ensure a fair and just process, the hearing officer may determine the appropriate hearing venue.

     

    3335-23-14 Committee on academic misconduct
    1. On behalf of the committee, the coordinator may investigate and resolve all reported cases of student academic misconduct that fall under the committee’s jurisdiction. The coordinator and chair shall establish procedure for the investigation and resolution of cases. The committee does not hear cases involving academic misconduct in professional colleges having a published honor code. These colleges shall follow their own codes and procedures which can be obtained in their respective central offices. Some allegations against graduate students that fall under the committee’s jurisdiction may also implicate the university policy and procedures concerning research misconduct and/or graduate school policy on the investigation of allegations of research misconduct by a graduate student. Upon receipt of such an allegation, the coordinator shall meet with the dean of the graduate school or designee, and/or the senior vice president for research or designee, and these parties shall mutually agree on the appropriate procedure for adjudicating the case. Notice of this decision and a description of the procedure to be used shall promptly be given to the student who has been charged. The coordinator or chair may refer complaints to the office of student conduct if it is determined that the academic misconduct allegation is incidental to some other misconduct.
    2. The committee on academic misconduct is constituted according to rule 3335-5-48.7 of the administrative code.
    3. All complaints of academic misconduct shall be reported to the coordinator of the committee.
    4. Students have an obligation to report suspected misconduct.
    5. A quorum for a hearing shall be no fewer than four voting members of the committee which shall include no fewer than one student member and two faculty members.

    For cases involving graduate students, reasonable efforts will be made to have graduate students serve as the student members of the hearing committee.

    University sanctions

    3335-23-17 General guidelines for sanctions

    Sanctions should be commensurate with the violations found to have occurred. In determining the sanction(s) to be imposed, the hearing body should take into account any mitigating circumstances and any aggravating factors including, but not limited to, any provocation by the subject of the conduct that constituted the violation, any past misconduct by the student, any failure of the student to comply fully with previous sanctions, the actual and potential harm caused by the violation, the degree of intent and motivation of the student in committing the violation, and the severity and pervasiveness of the conduct that constituted the violation. Misconduct, other than constitutionally protected expression, motivated by bias based on age, color, disability, gender identity or expression, HIV/AIDS status, military status, national origin, race, religion, sex, sexual orientation, or veteran status may be considered an aggravating factor for sanctioning. Impairment resulting from voluntary use of alcohol or drugs (i.e., other than medically necessary) will also be considered an aggravating, and not a mitigating, factor. One or more of the following courses of action may be taken when a student has been found to have violated the code of student conduct:

    1. Informal admonition
      An oral or written admonition issued by a hearing officer or residence hall advisor resulting from the student's misconduct. No formal charges are required before the issuance of an informal admonition. However, following issuance of an informal admonition, the student shall be entitled to a hearing upon written request, under the procedures provided in the code of student conduct. A written request for such a hearing must be filed with the university official who administered the informal admonition, within five (5) working days of the student's receipt of the informal admonition. An informal admonition shall not be considered a disciplinary sanction, but may be considered in any subsequent hearings.
    2. Disciplinary sanctions
      1. Formal reprimand.
        A written letter of reprimand resulting from a student's misconduct.
      2. Disciplinary probation.
        This probationary condition is in effect for a specified period of time and may involve the loss of specified privileges. Further violation of university policies during the probationary period will additionally be viewed as a violation of the probation, which shall result in further action up to and including suspension or dismissal.
      3. Suspension.
        Suspension is a sanction that terminates the student's enrollment at the university for a specified period of time. Satisfactory completion of specified stipulations may be required for readmission at the end of the suspension period.
      4. Dismissal.
        Dismissal is a sanction which permanently separates a student from the university without opportunity to re-enroll in the future.
    3. Conditions of suspension and dismissal
      A student who has been dismissed or suspended from the university shall be denied all privileges afforded a student and shall be required to vacate campus at a time determined by the hearing body. In addition, after vacating campus property, a suspended or dismissed student may not enter upon campus and/or other university property at any time, for any purpose, in the absence of expressed written permission from the vice president for student life or designee. To seek such permission, a suspended or dismissed student must file a written petition to the vice president for student life for entrance to the campus for a limited, specified purpose or to have the terms of this condition modified or reduced.
    4. Failing or lowered grades
      In cases of academic misconduct, a hearing body may authorize the instructor to award a failing or lowered grade in the course, a loss of credit on the graded coursework, and impose any of the above-listed sanctions including suspension or dismissal from the university.
    5. Other sanctions
      Other appropriate sanctions may be imposed by a hearing body singularly or in combination with any of the above-listed sanctions. Examples include, but are not limited to, making restitution for property damage or misappropriation of university property or services, or the property of any person, residence hall contract termination or reassignment to another room, restriction of access to specified campus facilities and/or property, research assignments, community service projects, special workshop participation, and/or referral to medical resources or counseling personnel.

    Appeal process

    3335-23-18 Appellate process
    1. Right to appeal
      1. A student found to have violated the code of student conduct has the right to appeal the original decision. The appeal is not intended to re-hear or re-argue the same case, and is limited to the specific grounds outlined below. The appeal must state the specific grounds for the appeal and should include all supporting documentation. The appeal must be postmarked or hand delivered to the appropriate appeal officer, or sent via email, as provided below, within five (5) working days after the date on which notice of the decision is sent to the student. Each student shall be limited to one appeal. The decision of the appeal officer is final.

       ....

      1. A student who has accepted responsibility for violating the code of student conduct waives the right to appeal, except on the basis that the disciplinary sanction is grossly disproportionate to the violation(s) committed.
      2. Each party shall be limited to one appeal. The decision of the appeal officer is final.
    1. Grounds for appeal
      An appeal may be based only upon one or more of the following grounds:
      1. Procedural error that resulted in material harm or prejudice to the student (i.e., by preventing a fair, impartial, or proper hearing). Deviations from the designated procedures will not be a basis for sustaining an appeal unless material harm or prejudice results ;
      2. Discovery of substantial new evidence that was unavailable at the time of the hearing, and which reasonably could have affected the decision of the hearing body; or
      3. Disciplinary sanction imposed is grossly disproportionate to the violation(s) committed, considering the relevant aggravating and/or mitigating factors.

      Non-attendance by the respondent may not be the sole grounds for an appeal.

    2. Appropriate appeal officers

         …

      1. Appeals of decisions of the committee on academic misconduct or its coordinator will be submitted for decision to the executive vice president and provost or designee.
    3. Appeal proceedings
      1. The appeal officer will dismiss the appeal if the appeal is not based upon one or more of the grounds set forth in section (B) above.
      2. The appeal officer will decide the appeal based upon a review of the record and supporting documents (e.g. prior disciplinary history).
      3. The appeal officer may consider additional relevant information from any party to the proceeding and then decide the appeal based upon the enhanced record.
    4. Possible dispositions by the appeal officer
      The appeal officer may, after a review of the record:
      1. Uphold the original decision and/or sanction(s);
      2. Dismiss the case or individual charge(s) against the student and vacate any portion or all of the sanction(s);
      3. Modify or reduce the sanction(s); or in cases involving charges relating to sexual harassment as defined in applicable university policy, enhance the sanction; or ….
      4. Remand the case to the original hearing body or refer the case to a new hearing body to be reheard. If possible, a new hearing body should be different from the one that originally decided the case. If a case is reheard by a hearing body, the sanction imposed can be greater than that imposed at the original hearing.
    3335-23-19 Minor deviations from procedure

    A student and hearing officer may agree in advance to minor deviations from procedure. Such deviations are not then subject to appeal. Other minor deviations are acceptable as long as such deviations are not found upon appeal to be materially harmful to the respondent or the complainant.

    Records of the Committee on Academic Misconduct

    Records are considered confidential. Copies of sanction letters are sent only to those University officers with a valid need to know, such as the Office of Student Conduct, which retains notations of records of students found in violation of academic misconduct for a minimum of ten years (fifty years for dismissals).

    If a student enrolled in the Graduate School is found “in violation” of the Code of Student Conduct, the Graduate School is notified of the nature of the violation and the sanction imposed.

    If a student is suspended or dismissed from the University, the Office of the University Registrar is informed and an appropriate notation (“disciplinary suspension” or “disciplinary dismissal”) is added to the student’s transcript.

    Confidentiality and Release of Records

    The Federal and State governments have adopted legal requirements designed to protect the privacy of students’ educational records maintained by various University offices and to provide for the students’ right to access the educational records. Generally, any information from these records may not be released to individuals outside the University community by the custodian of the records without permission of the individual whose record it is, and any individual has the right to see his or her own educational records.

    Regional Campus Hearings

    Regional campus and Agricultural Technical Institute (ATI) students may request to have cases heard in Columbus or by an ad hoc panel at the regional campus/ATI. With a request to be heard on a regional campus or ATI, the student waives the right to have the case heard by a panel of the Committee on Academic Misconduct in Columbus. The decision of the ad hoc panel is final, subject to the regular appeal procedures. All rules and procedures outlined in this document are to be followed.