Academic Integrity Appeal at USF
What happens if you are a college student who is accused of violating the academic integrity regulations? Those allegations can involve cheating, plagiarism, providing multiple submissions, complicity, improper use of teamwork credit, computer misuse, fabrication, forgery, or obstruction. After the university takes action against you for cheating, you are entitled to contest that action through an academic integrity appeal.
This article discussed academic integrity appeals at the University of South Florida (USF) for violations found in USF3.027. Similar procedures apply for academic integrity investigations at other colleges and universities in the Tampa Bay area including:
- University of Tampa;
- Saint Leo University;
- St. Petersburg College in St. Petersburg;
- Hillsborough Community College in Tampa;
- Pasco-Hernando State College in New Port Richey;
- Polk State College in Winter Haven;
- State College of Florida in Bradenton; or
- Eckerd College in St. Petersburg.
If you do not challenge the factual basis underlying the allegations and accept responsibility for the violation, then you can only appeal the severity of the sanction imposed. Keep in mind that you might receive a “FF” grade and notation of “Academic Dishonesty” in your permanent record. Other sanctions can include being suspended or permanently dismissed from the university.
In some of these cases, going forward with the Academic Greivance Appeal will result in the Academic Integrity Review Board deciding not to uphold the FF grade. With the approval of the dean, the committee might agree that a grade of F should be recorded in the academic transcript. That will give the student the opportunity to retake the class and graduate on time. The committee and Dean at USF might also require the student to attend an Ethics and Integrity training course. Other relief can be granted based on the facts of the case.
For this reason, if you disagree with the determination and recommended sanction, then an attorney can help you file the appeal showing the facts in dispute. The appeal must be filed within 10 days of being notified of the sanction. An attorney can also sit beside you during the Academic Integrity Review Board (AIRB) formal review hearing so that you can present your side of the story and ask that the board not uphold the FF grade or a suspension or dismissal from the University.
If the sanction is not reversed after the hearing, then an attorney can help you file a Writ of Certiorari to a judge in Circuit Court in Hillsborough County, Florida. If you don’t file the Writ of Certiorari within thirty (30) days of the final determination, then the court loses all jurisdiction to reverse the decision by the university and require them to remove the FF grade. The main issue for the writ of certiorari is whether the university followed their own rules and complied with the minimum due process requirements imposed in these types of actions.
Lawyers for the Academic Integrity Appeal at USF
If you are falsely accused of violating a regulation related to academic integrity regulations in USF3.027, then contact an experienced attorney at Sammis Law Firm. Our attorneys represent college and university students falsely accused of misconduct at the Univerity of South Florida (USF) or of violating the academic integrity regulations.
We help students after a determination that cheating occurred, including when the instructor gives a “FF” grade with Academic Dishonesty noted and/or dismisses the student USF. We represent students in an academic integrity appeal, including undergraduates, graduate students or students in the College of Medicine or the College of Pharmacy.
Our offices are conveniently located in downtown Tampa. Call to schedule a consultation to speak with an attorney about your case or to schedule an office visit.
Call (813) 250-0500.
Requirements for the Integrity Appeal at USF
The appeal should be in writing and sent via email to the Dean of College with a copy to the Instructor. The appeal should include the following information:
- a concise statement of the student’s position;
- an explanation of why there is an absence of factual support or basis;
- a showing of any violations of the USF Regulation or Policy that occurred in the case.
To protect your academic record against a false or exaggerated allegation, you should appeal any determination of an academic integrity violation or related grade assignment or sanction if either:
- the determination had no factual basis or could not be reasonably inferred by the facts as presented; or
- the determination violated a University Regulation or Policy (this means the standards of procedural fairness were violated because the student was not given something that was promised in the regulation or policy).
The Appeal Steps for Academic Integrity Issues
The student may appeal after notice of the final academic sanction(s) which is either:
- the instructor’s grade determination; or
- any additional academic sanctions.
1. Sending the Student Written Appeal
After notice of the academic sanction, the student may send a written appeal to the Dean copying the instructor by email within ten (10) days of the grade determination or final academic sanction (additional time may be granted at the discretion of the Dean as necessary).
If it is unclear who the designated Dean should be, the student may ask the instructor to identify the appropriate Dean. The student’s written appeal may be an email request and must contain:
- a concise statement of the student’s position including an explanation of why the student thinks the determination by the instructor and/or Academic Officer (AO) was a mistake or wrong;
- a description of the factual deficiency;
- the specific Regulation or Policy violated which made the process unfair; or
- any documentation available that supports the student’s position.
2. Initial Review of Appeal
As general complaints or disagreements with the instructor’s decision are not grounds for appeal and students who have accepted responsibility at any time in the process may only appeal imposed sanctions, the Dean may make an initial review of the appeal to identify the limits of the appeal and to verify that the student has clearly identified that there was no factual basis for the instructor’s determination and/or the specific Regulation or Policy violated.
If the Dean elects to make this initial review, the Dean may clarify the parameters of the appeal (sanctions only), or dismiss the appeal as insufficient. The Dean must send the student and instructor notice of this determination within ten (10) days of receiving the student’s written appeal, copying the instructor’s supervisor or department chair. This will be a final University decision.
Keep in mind that if you do NOT allege that facts are in despite and explain why those facts are in dispute, then your appeal might be dismissed.
3. Dean Appointment of Board
If the Dean does not dismiss the appeal, the Dean may move the appeal forward with or without the initial review or after the review set parameters for the appeal (if it is for sanctions only).
The Dean will appoint an Academic Integrity Review Board (AIRB) composed of students and instructors or administrators at the Dean’s discretion, provided that there are at least three (3) individuals, one (1) of which is an instructor or administrator and one (1) student.
4. Selection of AIRB members
Although the Dean may select any students to serve on the AIRB, if the university system member establishes a Student Academic Integrity Committee (SAIC) at that institution, and there are SAIC members available to serve, the Dean shall select the student board members from the SAIC to serve on the AIRB at that institution.
The students serving on the AIRB do not need to be from the College in which the appeal was filed. However, when possible undergraduate students should serve on AIRB for undergraduate student appeals, graduate students for graduate student appeals, clinical students for clinical student appeals, and medical students for medical student appeals.
5. Meeting of the AIRB
Unless extended by a written notice of the Dean or other extenuating circumstance, the AIRB will meet within three (3) weeks from the time the Dean receives the student’s written appeal.
The Dean will advise the student by email of the date, time and place of the AIRB review.
If the student or instructor has a justifiable conflict, the student or instructor may make one (1) written request to reschedule the review emailed to the Dean with the reason for the request, noting any known foreseeable conflicts into the next three (3) weeks. The one-time extension may be granted at the discretion of the Dean. (The timelines provided in this Regulation may be extended at the Dean’s discretion with written notice to the student and instructor).
6. AIRB Review Steps and Further Appeals:
At the Review, the student and instructor will each be afforded an opportunity to present their position with reasonable time limits not to exceed fifteen (15) minutes per person.
The student may bring one (1) person to serve as an advisor; however that person may not act as a legal representative, argue, present, or participate in any active way in the review, including through communications by verbal, written or electronic promptings with the student.
Each party may be present during the other’s position statement. Neither party may ask questions of the other, argue, or respond to the other’s statement. The AIRB may question both parties at any time during the proceedings.
The AIRB will deliberate in private and render a decision within three (3) weeks of the AIRB review and offer its determination as a recommendation to the Dean (or equivalent depending on the organizational structure of the USF institution) with a copy to the student by email. The student and instructor’s concise written statements will be included with the AIRB’s recommendation.
The Dean will have three (3) weeks to accept or not accept the determination of the AIRB. If the Dean accepts the determination of the AIRB, that is a final university decision and there is no further review available at the university. If the Dean does not accept the determination of the AIRB, the Dean must refer the matter to the university level (Deans of UGS/OGS for Undergraduate and Graduate reviews, respectively or the Chief Academic Officer (See Section IV(C)).
The University Level officer will have three (3) weeks to make a final determination or may request to review any additional information necessary or may limit the review to the initial statements provided by the student and instructor upon initiation of the Academic Integrity Appeal Review and the Dean’s Statement will issue a determination in writing by email to the student, instructor and the Dean. This will be a final university decision.
30-053 USF Student Grievance Processes Index – Visit the USF website to find Number 30-053, the Student Grievance Processes Index administered by the Student Affairs and Student Services office.
USF3.027 USF Academic Integrity of Students – Visit the USF website to find Number USF3.027, the Academic Integrity of Students regulations administered by the academic affairs office at USF. Find a statement of regulations intended to provide fairness to students. The authority of USF to take such action can be found in Art. IX, Sec. 7 of the Florida Constitution, the FL Board of Governors Regulation 1.001(4)(a) and s. 1006.60(4) F.S. The student is entitled to provide the university with a waiver to permit the University to discuss the confidential student records with an attorney, the application of the USF Regulations that govern academic integrity proceedings, and the appeal process outlined in Section VII of USF Regulation 3.027.
The Writ of Certiorari after an Accusation of Academic Dishonesty
In the event the determination and final university decision is an “FF” grade with Academic Dishonesty noted and/or a related dismissal from the College or University, the student may appeal that final university decision within thirty (30) days to the Circuit Court by way of Writ of Certiorari.
The attorneys at Sammis Law Firm are experienced representing students accused of misconduct or academic dishonesty. We can help you fight a false or exaggerated accusation. Contact us today to schedule a consultation to discuss the case. Call (813) 250-0500.
This article was last updated on Wednesday, August 15, 2018.