San Jose State University Student Conduct & Academic Misconduct Defense

Separate administrative tracks for academic integrity violations versus general student conduct code violations

Faculty member has right to appeal SCED finding in student's favor to BAFPR, but student has limited avenue to appeal when faculty refuses to lift sanction after SCED finding in student's favor

Academic sanctions determined by faculty member; administrative sanctions determined by SCED

Attorneys excluded from student discipline proceedings except in limited circumstances per Presidential Directive 2019-02

Who handles academic misconduct cases at SJSU?

Office of Student Conduct and Ethical Development (SCED) has jurisdiction over academic misconduct matters at SJSU. There is no faculty and student hearing panel. The office is led by the Director of Student Conduct and Ethical Development, who serves as the conduct administrator. Hearings are conducted by a single Hearing Officer who issues a written report determining responsibility and recommending sanctions to the Vice President for Student Affairs, who makes the final decision. Investigates and adjudicates violations of the Student Conduct Code and Academic Integrity Policy; conducts investigations, conferences, and hearings

What is the evidence standard at SJSU?

SJSU applies Preponderance of the evidence under Academic Integrity Policy (F15-7). Office of Student Conduct and Ethical Development uses this standard when determining whether a student is responsible for an alleged violation. The evidence standard is critical because it determines how strong the evidence must be before a finding of responsibility can be made.

What rights do I have during a SJSU conduct proceeding?

Under Academic Integrity Policy, students facing a Office of Student Conduct and Ethical Development proceeding have specific procedural rights, including the right to be informed of charges and nature of evidence; have a meeting with office regarding the violation; provide perspective and respond to charges; identify relevant witnesses or documents. Exercising these rights correctly from the first notice can materially affect the outcome of your case.

How is an academic misconduct case initiated at SJSU?

Faculty member reports alleged academic dishonesty via Academic Integrity Reporting Form to Student Conduct and Ethical Development; Student Conduct Administrator initiates investigation meeting with student via Notice of Investigation (NOI) email

What sanctions can SJSU impose for academic misconduct?

Office of Student Conduct and Ethical Development can impose a range of sanctions depending on the violation, including verbal warning, failure of assignment or activity, lower grade in course, and more serious outcomes including suspension and expulsion. The specific sanction depends on the facts, the student's prior record, and any mitigating factors presented during the proceeding. Sanction-phase advocacy is often as important as the responsibility phase, since even a first finding can carry long-term consequences on transcripts and graduate school applications.

How do I appeal a decision at SJSU, and what is the deadline?

The appeal deadline at SJSU is Before last day of instruction of semester following that in which academic sanction was imposed; BAFPR must address appeal within 30 days of official filing. For academic integrity violations, student may appeal sanctions and SCED findings to Board of Academic Freedom and Professional Responsibility (BAFPR); BAFPR reviews academic sanctions imposed by faculty member and SCED findings; both student and faculty member evidence considered and responsibility reassessed Appeal grounds typically include challenge to imposed sanctions, challenge to sced findings. Appeals that succeed are usually the ones that ground each argument in the record and the specific policy language, not emotional or general objections.

Do I need a lawyer for a SJSU Office of Student Conduct and Ethical Development proceeding?

In most cases, no. SJSU's proceedings follow university policy under Academic Integrity Policy, not the legal system. What you need is someone who understands SJSU's specific procedures, the evidence standard, and how sanctions are assessed. An education advocate typically provides stronger, more targeted guidance than a general-practice attorney because the body of law here is university policy, not criminal or civil procedure. AdvocatED brings deep, specialized expertise in these exact processes at a fraction of a law firm's cost.

How does SJSU handle Title IX cases?

SJSU handles Title IX matters separately from general academic misconduct, through the Office for Title IX and Equal Opportunity. Combines former Title IX and Gender Equity Office with Office for Equal Opportunity; headed by AVP Mary Keating; contact titleixeo@sjsu.edu or 408-924-7290; located Clark Hall 1st Floor Room 126; handles reports of sex discrimination, sexual harassment, sexual misconduct, dating and domestic violence, stalking, and retaliation Title IX proceedings have their own procedures, evidence standards, and timelines. If you are a respondent in a Title IX case at SJSU, you should not conflate the process with general conduct cases, and you should respond carefully to any notice you receive.

What are the most common academic misconduct violations at SJSU?

At SJSU, the most frequently cited violations include: cheating; plagiarism; repeat violations. Knowing which violation is alleged is the foundation of an effective defense, because the response strategy differs substantially based on whether the case involves plagiarism, AI use, exam cheating, collaboration, or a procedural technicality.

What are the key deadlines in a SJSU conduct case?

At SJSU, the most consequential deadlines are: Academic integrity appeal deadline: before last day of instruction of semester following sanction imposition; BAFPR decision deadline: within 30 days of official appeal filing; Student organization appeal deadline: within 5 days of informal conference. Missing any of these windows can eliminate procedural options that are otherwise available. If you have received a notice from Office of Student Conduct and Ethical Development, document the dates on the notice immediately and calendar every deadline, even ones that do not seem urgent.