Academic and Professional Integrity

All forms of dishonesty, whether by act or omission, including, but not limited to, cheating, plagiarism and knowingly furnishing false information to the University, are prohibited. Intentional disruption or obstruction of teaching, research or administrative proceedings is prohibited. University sanctions may extend to suspension and dismissal.

Work submitted in courses must be the product of the efforts of the student presenting the work, and contributions of others to the finished work must be appropriately acknowledged. The presentation of another's work as one's own is a serious violation of the academic process, and it is penalized accordingly. The decision on the appropriate penalty is in the first instance the professor's, and it may extend to a failing grade for the course.

A student should refer to the Academic and Professional Integrity Policy of his/her major school or college.

Academic Grievance Procedure

Department Division Process

• Any student in a college/division who feels that he or she has cause for a grievance against another member of the college/division must confer with that individual in an attempt to resolve the question to the satisfaction of both parties.
• When appropriate, parties to a grievance dispute must seek out the department chairperson or division coordinator. That official will set in motion the department procedures for resolution.
• Should these measures fail to resolve the dispute, the aggrieved party must present a written complaint to the dean/director of the college/division, who will arrange for a face-to-face mediation hearing.

Face-to-Face Mediation Hearing

• The dean/director will assign a mediator acceptable to both parties from a standing list of college/division mediators.
• The mediator will arrange a meeting of the parties to the dispute at a neutral site for discussion, and definition and clarification of the issues involved in the dispute. The role of the mediator is to moderate the discussion and assist in resolving the dispute short of more formal hearings. The mediator is concerned with protecting the rights of each party and ensuring that any resolution reached is understood and freely accepted by both parties.
• In the event of an agreement on the terms of resolution, the parties will draw up a memorandum of understanding that will be signed and dated by the mediator and the parties. Although neither party may bring an adviser to the face-to-face hearing, each party may consult with such an adviser before the terms of the resolution are finalized and signed.
• In the event that an agreement cannot be reached and either party wishes to pursue the grievance procedure, a memorandum stating failure to resolve and intent to pursue the grievance will be drawn up, dated and signed by the mediator and both parties. This memorandum will be filed with the appropriate dean/director.

Formal Grievance Hearing

• Constitution of the College/Division Grievance Board
  The grievance board shall be constituted of six persons: three members of the college/division faculty; three students of the college/division; and four alternates, two members of the college faculty and two students of the college.
   
• Preliminaries
  • Within seven business days of the filing of the failure to resolve and intent to pursue the grievance memorandum, the aggrieved party must file a statement of the grievance, a copy of each document that is to be presented in support of the grievance and a list of witnesses to be called with the chairperson of the college/division grievance board.
  • The chairperson will proceed, within two business days, to distribute copies of submitted materials and establish a hearing date, no less than 14 and no more than 21 business days following the distribution of the materials.
  • Within seven business days of the distribution, the second party in the dispute must submit a copy of each document to be presented in support of his or her position and a list of witnesses to be called.
  • The chairperson will distribute copies of the above.
     
• Hearing Procedure
  • Parties, accompanied by witnesses and an adviser if desired, should present themselves before the college/division grievance board on the date and time established.
  • Should either party allege that the documents or witnesses proposed by the other require submission of addition documents or witnesses, the board may grant a stay of hearing for up to seven business days.
  • The hearing will proceed under the following format:
    • opening statements;
    • presentation of grievance, including witnesses and documents;
    • cross-examination of presenting party;
    • questions from hearing committee;
    • presentation of second party to dispute;
    • cross-examination of second party;
    • question from hearing committee;
    • review of evidence;
    • closing statements; and
    • closed deliberation by hearing committee.
       
• Resolution of the Hearing Committee
  • The hearing committee must first determine if there is substance to the grievance and the nature of appropriate redress.
  • If such a compromise is inappropriate to the nature of the dispute or unacceptable to either party, the committee will, by two-thirds vote, recommend a final resolution to the dean/director in writing.
  • This resolution will be communicated to the dean/director and the parties by letter from the chairperson of the committee within two business days of the hearing.
     
• Action of the Hearing Committee
  Within seven business days of the hearing, the dean/director will inform the parties and the members of the hearing committee of the action taken on the resolution and the implications of this action.
   
• Appeals
  Within 14 business days of the mailing of the action, either party to the dispute may appeal to the provost. This appeal must be based on one or more of the following:
  • Manifest injustice of the action:  Burden of proof of such injustice shall rest with the appealing party and must be included in the appeal.
  • Procedural irregularities: A violation of the rights of the appealing party under the "Student Rights and Responsibilities, Seton Hall University" or the procedures therein must be stated and commented on in the appeal.
  • Additional evidence: The appealing party must demonstrate that substantial additional evidence bearing on the case could not have been properly introduced at the college/division hearing or has been discovered or developed since the time of the hearing, and is crucial to the resolution of the grievance.

It is the sole responsibility of the provost to determine whether an appeal is to be submitted to a University Grievance Appeals Board Hearing or whether the decision of the dean/director of the college/division should be upheld. For the purpose of making this decision, the provost may appoint an ad hoc committee to investigate the matter.

Record of Hearing
A record of the hearing includes:

• one copy of all documentary evidence introduced during the preliminaries and course of the hearing;
• a verbatim transcript or tape recording of the hearing, excluding the closed deliberation of the grievance board; and
• one copy of all correspondence concerning the hearing, including the letters informing the parties of the results of the grievance board and the determination of the dean/director, to be kept on file for as long as all parties to the dispute remain members of the University community, or for three years. The dean/director is responsible for the maintenance and confidentiality of these records.

Access to Hearing Records
Access to the record files of grievance hearings is limited to:

• the dean/director;
• the parties to the dispute;
• appeals boards and ad hoc appeals investigation committees;
• other parties with consent, in writing, of the dean/director and the principals in the dispute;
• disciplinary boards in the course of hearings on the activities of either party, who may be advised of the final recommendations of the grievance board and determination by the dean/director; and
• copying of materials in hearing records files, according to the following guidelines:
  • At the departure of one party from the University community or passage of three years, the dean/director will obtain permission from the parties to destroy the records;
  • Copies of the letters informing parties of the results of the deliberations of the grievance board and the determination of the University on students, alumni, faculty and administrators on the written request of the party in whose files the materials are to be placed; and
  • For statistical purposes, a record of the procedure may be kept on permanent file. Such records will not contain names or other specific information that would compromise or identify any party to the procedure.

Academic Grievance Procedure Appeals Level

In an effort to provide for a uniform appeals procedure for resolution of disputes that fall under the jurisdiction of the provost, the following procedures are required for the constitution of the University Academic Grievance Appeals Board, the conditions of its operation and the standards for submission of appeals to the board.

Constitution of the University Academic Grievance Appeals Board

• The University Academic Grievance Appeals Board is composed of four members selected by the provost from a list of presidents or other executive officers of the student body and professional college associations. Two members of the board are members of the faculty and two are students. The faculty members serve two-year terms beginning in alternate years; the student members serve a one-year term. Members of the board elect one of their members to chair the board and coordinate its activities.
• In the hearing of specific grievances, the board augments itself by selecting four additional members, so as to constitute an eight-member ad hoc hearing board. The ad hoc hearing board must be composed of:
  • Two members of the faculty of the college, school or division from which the appeal is taken;
  • Two students matriculated in that college;
  • Two faculty members who are not members of the faculty of the college from which the appeal is taken; and
  • Two students not matriculated in that college.
• In the event that a permanent member of the board should be disqualified from hearing an appeal case, the remaining members of the board will replace that member on the ad hoc hearing board, subject to the veto of the board’s nomination by the provost.

Grounds for Acceptance of an Appeal by the Provost

• Manifest Injustice of Grievance Resolution at the College or School Level: In such cases, the burden of proof of such injustice rests with the appealing party.
• Procedural irregularities: A violation of the grievance procedures contained herein.
• Additional evidence: The appealing party must demonstrate that substantial additional evidence bearing on the case could not have been properly introduced at the college or school/division level hearing or has been discovered or developed since the time of the hearing, and is crucial to the resolution of the grievance.
• Investigation of an Appeal Request: Before determining whether to remand an appeal request for a University Academic Grievance Appeals Board hearing, the provost may appoint an individual or an ad hoc committee of his or her choice to determine the validity of an appeal request.

Procedures of a University Grievance Appeals Board Hearing

• Preliminaries
  • Within 14 business days of the filing of an appeal from the decision made the college or school level, the provost will determine whether an appeals board hearing is justified. This determination is conveyed to the parties within two business days. In the event a decision for a hearing is made, the provost will advise the chairperson of the board, deliver the evidence on which the decision was based and advise on the basic issues to be resolved.
  • The chairperson of the board will:
    • set a date and time for the hearing, no earlier than 14 and no later than 21 business days from the date of notification;
    • set in motion the machinery for selecting the ad hoc members of the board for the case; and
    • prepare and distribute, no later than seven business days before the hearing, such records and supporting documents from the earlier stages of the grievance process as have been determined necessary to the deliberation of the board, and additional documents submitted by the parties in the dispute in support of their positions.
  • No later than seven business days or 10 calendar days prior to the date of hearing, both parties to the dispute must submit to the chairperson of the board:
    • one copy of each document to be presented in support of the position; and
    • a list of witnesses to be called.
       
• Hearing Procedure
  • On the date and at the time and place established for the hearing, the party to the dispute will present themselves before the hearing board, accompanied by witnesses and an adviser if desired.
  • The hearing must proceed under the following format:
    • opening statements;
    • presentation of appeal cases, including witnesses and
    • cross-examination of presenting party;
    • posing of questions from board members by moderator;
    • presentation of second party to the dispute;
    • cross-examination of second party;
    • posing of questions of board members by moderator;
    • review of evidence;
    • closing statements; and
    • closed deliberations of the board.
       
• Judgment of the Hearing Board
  • The initial task of the board is to determine the validity of the appeal. Should it recommend that the provost uphold the determination reached at the college or school/division level, it may still consider the question of the severity of the action taken and recommend modification of the final action. In the event the board votes to validate the appeal, it will recommend appropriate actions for final resolution of the dispute to the provost.
  • All decisions and recommendations of the board require the assent of a majority of the board.
  • The decisions of the board are communicated to the provost by the chairperson, in writing, and to the parties to the dispute within two business days after the hearing.
  • Within seven business days of the hearing, the provost will inform the parties and the hearing board members of the action being taken in the case. The decision of the provost may be appealed to University president only on the following grounds:
    • manifest injustice; and
    • procedural irregularities.
       

Rights to be Protected During an Academic Grievance Resolution Process
The Academic Grievance Resolution Process must provide all parties:

• the right to notice and clear formulation of the grievance issues in dispute;
• the right to access to documents and knowledge of witnesses to be presented in the dispute to ensure an opportunity to prepare for each hearing, and the right of discovery;
• the right to the assistance of an adviser from within the University community to assist in the preparation and presentation of the dispute;
• the right to hear and cross-examine adverse witnesses and rebut adverse testimony;
• the right to present a defense;
• the right against self-incrimination, including the right to answer any questions posed without prejudice; and
• the right of appellate review.

Records of Hearing
A record of the hearing is kept on file for as long as all parties to the dispute remain members of the University community or for three years. The provost is responsible for the maintenance and confidentiality of this record. The record must contain:

• one copy of all documentary evidence introduced during the preliminaries and course of the hearing;
• a verbatim transcript or tape recording of the hearing, excluding the closed deliberations of the grievance board; and
• one copy of all correspondence concerning the hearing, including letters informing the parties of the results of the deliberation of the grievance board and the determination of the provost.

Access to Hearing Records
Access to the record files of grievance hearings are limited as follows:

• Disciplinary boards in the course of hearings on the activities of either party may be advised of the final recommendations of the grievance board and determination by the provost.
• The copying or reproduction in any form or removal of any material from the grievance hearing record files is forbidden, except with written permission of the provost and the principals in the dispute.

Disposal of Hearing Records

• At the time of expiration of the conditions for maintenance of the file, the records will be destroyed, unless one or both of the parties refuse permission for such destruction. This refusal must be in writing and must be for just cause, such as the need for documents contained in the file of the intent to pursue the grievances beyond the limits of the University.
• Copies of letters informing the parties of the results of the deliberations of the grievance board and the determination of the provost may be placed in permanent files maintained by the University on students, alumni, faculty, and administrators, on the written request of the party into whose file the material is to be placed.
• For statistical purposes, a record of the procedure, including the year, the nature of the grievance, and the final result, may be kept on permanent file. Such records will not include names or other specific information that would compromise or identify any party to the dispute.