FAQ – The Judicial Process for Undergraduate Students
If I have been accused of academic dishonesty, what should I do?
If you have not already received written notification from Associate Dean Bryan, you may contact him at sbryan@duke.edu or 684-6938. Dean Bryan will notify you of the incident and the policy violation(s), and you can set up a meeting with him to discuss and respond to the allegations.
As of fall 2003, a faculty-student resolution may be agreed upon between a student and his/her instructor, in instances of minor, first-time infractions. See our website for more information.
What resources are available to me if I am accused of academic dishonesty?
You have several resources available. Associate Dean Bryan (sbryan@duke.edu) in Judicial Affairs can answer any questions on judicial proceedings. If your case is brought before the Undergraduate Judicial Board, you may also bring an advisor with you to your hearing. Your advisor can be one of the trained student/staff members available through the Dean of Students Office, or you may choose someone from the community at large. Advisors can help you prepare your opening and closing remarks, answer questions about judicial proceedings, and inform you about the process of the hearing. Advisors cannot be members of the UJB. Advisors may accompany you to the hearing, but cannot speak.
Information on judicial proceedings is also available on the Web at the Office of Judicial affairs website.
What are my rights as an accused?
Accused students are entitled to the following procedural rights when facing a hearing before the Undergraduate Judicial Board:
- * to be informed that he or she is under investigation;
* to seek advice from anyone;
* to seek advice from a trained advisor made available by the university;
* to be given an opportunity to respond to allegations;
* to choose the extent to which he or she shares information;
* to be notified of a hearing at least 48 hours in advance (notification will include the time, date and location of the hearing as well as names of hearing panel members and witnesses);
* to challenge any panel member if there is a significant conflict of interest;
* to know of and review written evidence and charges presented to the hearing panel at least 48 hours in advance;
* to be accompanied by an advisor to the hearing (who must be a member of the university community, defined below);
* to a fair and impartial hearing;
* to rebut any witness testimony presented against him or her;
* to present additional witnesses or information at the hearing (the relevancy of which may be determined by the Board);
* to be found responsible only if the evidence meets a clear and convincing burden of proof; and
* to appeal based upon clearly stated grounds.
Who serves on the UJB?
The Undergraduate Judicial Board is made up of students (juniors and seniors), faculty and staff of Duke University. Rising juniors and seniors are recruited for the Board in the spring semester and selected through a competitive application and interview process. Students interested in applying for the UJB should contact the current co-chairs, Carolyn Stoner and Adam Eaglin.
A hearing panel determining a verdict and sanction, if necessary, is made up of three students and two faculty/staff with one of the students serving as the chair of the panel. A panel determining a sanction only is made up of two students and one faculty/staff.
How does Judicial Affairs investigate an accusation?
According to the Judicial Affairs website, “Judicial Affairs staff will gather information regarding the alleged incident in order to determine the appropriate means of resolution. The investigation may include a review of related documents, interviews, or requests for written statements from any person involved in the alleged incident.”
I forgot to cite on my paper. Does the UJB consider motive?
While the UJB does consider motive, it also firmly rests upon on the premise that students must be responsible for their own actions. Thus, if a student turns in a paper with paragraphs copied from her lab partner, or a test for corrections, forgetting he/she changed some answers as they were going through it, the UJB still considers these examples as plagiarism or cheating.
What is the procedure for a hearing of the judicial board?
Information on the actual hearing itself is included on our website.
By what standard is a decision of responsibility reached?
The burden of proof for finding a student responsible for an infraction is evidence that is “clear and convincing” to those hearing the case. This standard is higher than "preponderance of evidence" but lower than “beyond a reasonable doubt." We believe that it strikes a reasonable balance, barring findings of responsibility without sufficient evidence while not making it too difficult for the community to uphold its code of honor.
How do I find out the outcome of a hearing?
The chair of the hearing panel will inform you of the Board’s decision and sanction, if there is one, after the deliberation is over. A written report is also presented to the student a few days after the hearing.
How do I appeal a UJB decision?
A three-person Appellate Board hears appeals, which take the form of a written statement of the reason for the appeal. According to the Judicial website, “The exclusive grounds upon which an appeal may be made are:
- New information (available after the hearing) of a nature that the verdict or sanction may have been different;
- Procedural errors within the hearing process which may have substantially affected the fairness of the hearing; and/or
- The finding of responsibility was inconsistent with the weight of the information."
See our website for information.
I have been suspended from Duke. Do I have to re-apply for admission?
Yes. Students must re-apply by the appropriate deadlines (November 1 for enrollment in the spring semester, April 1 for enrollment in the summer, and July 1 for enrollment in the fall). Trinity College students should contact Dean Martina Bryant for application materials. Pratt School of Engineering students should contact Dean Connie Simmons.
Will this show on my record?
If the UJB finds you guilty of academic dishonesty, it will be noted on your disciplinary record, which is kept by the University for eight years after matriculation. Additionally, applications to many graduate schools, including many law and medical schools, require a student to state these sentences on applications for admissions.