FlU Student Handbook 2017-2018 - page 124

Policies & Regulations
STRUCTURE OF THE ACADEMIC CONDUCT REVIEW
BOARD (ACRB)
The Board consists of four voting members, and a
nonvoting chair. The Board is comprised of three faculty
members, and two Undergraduate/Graduate students.
A faculty member will chair the hearing. Members of
any particular committee will vary, but will come from a
pool of qualified faculty, and students. Faculty members
are recommended annually by the Faculty Senate.
Undergraduate student members will be provided by
the president of the Student Government Association
(SGA). Graduate Student members will be provided by the
Graduate Student Association (GSA) and/or the academic
deans.
All members of the ACRB pool will be trained by the
Faculty Fellow for Academic Integrity.
Chair’s Role.
It shall be the Chair’s responsibility
to conduct the Hearing, make determinations on
procedural matters, and preserve the orderly and
effective functioning of the Hearing. It will be the Chair’s
decision as to whether or not attendance of either party
is mandatory. At the Chair’s discretion, either party can
present their case in writing. The Chair will also ensure
that members of the Board remain on their fact-finding
task, and that both parties and/or witnesses, in their
testimony, do not become unduly repetitious or wander
from relevancy. The Chair will only vote to break a tie.
Formal Hearing.
Under the provisions of the Florida
Sunshine Law, the Hearing will be a closed meeting. The
evidentiary part of the Hearing will be tape-recorded. The
Charged Student and the Complainant have the right to
an advisor physically present. Advisors may consult with
whomever they represent, but cannot address the Chair
or Board members. Advisors cannot examine or cross
examine or otherwise participate in the Hearing. Advisors
may not impede the orderly and effective functioning of
the Hearing.
Hearing Procedure
1. The Chair will call the Hearing to order, outline
the procedures, read the charges, and entertain
any challenges to Board members not previously
identified.
2. The Complainant will make a statement, presenting
his or her charges and providing evidence to support
the charge. This statement should normally be no
longer than five minutes. The Complainant may call
witnesses, whose testimony should normally be no
longer than five minutes each. Witnesses may only
be present at the evidentiary hearing while they are
testifying.
3. The Chair and members of the Board may question
the Complainant and witnesses. The Charged Student
may cross-examine the Complainant and witnesses.
4. The Charged Student will make a statement
presenting his or her response to the charges. This
statement should normally be no longer than five
minutes. The Charged Student may provide evidence
and call witnesses, whose testimony should normally
be no longer than five minutes each.
5. The Chair and members of the Board may question
the Charged Student and witnesses. The Complainant
may cross-examine the Charged Student and the
witnesses.
6. The Chair will ask the Charged Student and
Complainant to summarize their cases. These
summaries should normally be no longer than five (5)
minutes each.
7. The Chair will close the evidentiary part of the Hearing
and dismiss all parties. The Board will meet in a
closed deliberative session. The deliberative part of
the Hearing will not be tape-recorded.
8. The Board will make findings of fact and a
determination of “responsible” or “not responsible”
for violating the Code of Academic Integrity. This
decision will be based on a preponderance of
evidence provided at the hearing, with the burden of
proof resting with the Complainant. Preponderance
of Evidence means that evidence, considered as a
whole, indicated the fact sought to be proved is more
probable than not. No other evidence or information,
other than that presented at the hearing, shall be
considered by the Board in reaching its findings and
decision. The Board will reach its decision based on a
majority vote. The Chair will vote only to break a tie.
9. The Chair will communicate to the Faculty Fellow for
Academic Integrity the findings and decisions of the
Board no later than seven (7) calendar days from the
date of the hearing.
REVIEW AND COMMUNICATION OF DECISION
The Faculty Fellow for Academic Integrity, will review the
Board’s proceedings, the findings, and decisions and will
communicate them to the Charged Student, along with
his/her final decision and the appropriate sanction(s) to
be imposed, normally within 14 calendar days following
the hearing date. With respect to a finding of responsible
or not responsible, on the charges of violating the Code
of Academic Integrity, the Faculty Fellow reviewing the
recommendation of the Board may only:
1. Accept the recommendation; or
2. Remand the case for rehearing.
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