New York · Public University
University at Buffalo Student Conduct & Academic Misconduct Defense
Facing a Student-Wide Judiciary proceeding? AdvocatED advisors know UB's specific process under Student Code of Conduct: University Standards and Administrative Regulations (UNVERIFIED: needs human research).
If you just received notice
What to do right now at UB
- 1Note the exact date on your notice letter and mark every deadline it contains on your calendar, at UB, the appeal window is 10 academic days from the date of the instructor's decision notification to file the initial appeal with OAI. 10 academic days from the date of the Adjudication Committee's decision notification to file a second-level appeal to the OAI Director (undergraduate only). For SWJ Hearing Panel appeals, the appeal letter must be submitted no more than 5 days from the Hearing Panel decision date or the deadline set by the panel. Academic days are weekdays when classes are in session during fall and spring semesters; they exclude exam days, Reading Days, summer sessions, and winter sessions., and missing a deadline forecloses your options.
- 2Do not respond substantively yet. Before you reply to the Student-Wide Judiciary, review Student Code of Conduct: University Standards and Administrative Regulations (UNVERIFIED: needs human research) so you know the specific procedure that will be applied to your case.
- 3Exercise your right to an advisor. Under Student Code of Conduct: University Standards and Administrative Regulations, you have the right to be assisted by an advisor of one's choosing throughout the conduct process (advisor may not speak on the student's behalf during any step of the swj process), AdvocatED serves in this role and handles the response on your behalf where permitted.
- 4Preserve everything related to the allegation, emails, drafts, timestamps, communication with classmates, citations. This evidence often decides the case under Preponderance of the evidence for both student conduct (Student Code) and academic integrity matters. No final disciplinary sanctions may be imposed unless charges are substantiated by the preponderance of evidence..
- 5Contact AdvocatED for a free case review before your UB meeting. We'll explain exactly how Student-Wide Judiciary will approach your case and what response gives you the strongest position.
Governing Policy
Student Code of Conduct: University Standards and Administrative Regulations · UNVERIFIED: needs human research
2024-2025 edition (most recent PDF on record at time of research)
Evidence Standard
Preponderance of the evidence for both student conduct (Student Code) and academic integrity matters. No final disciplinary sanctions may be imposed unless charges are substantiated by the preponderance of evidence.
Jurisdiction
Violations of the Student Code of Conduct and other University rules and regulations, disputes involving student governments and elections. The Director of Student Conduct determines which body manages a given case; options include the Student-Wide Judiciary, Administrative Hearing, Campus Living staff (housing violations), and UB Information Technology (computing violations). All Title IX, Violence Against Women Act, and sexual violence/misconduct cases go to Administrative Hearings.
Who Decides Your Case
Student-Wide Judiciary (SWJ)
University Hearing Representatives (law students currently enrolled at SUNY Buffalo Law School) who draft complaints and conduct hearings, plus Student Justices who sit on Hearing Panels. A Hearing Panel is comprised of an odd number of current Justices, with a minimum of 3 and a maximum of 7; decisions are by simple majority. The Chief Justice coordinates and conducts the Hearing Panel but is not a voting member.
How a UB Case Moves
1. How Cases Begin
For academic integrity: an instructor who has reason to believe a student committed academic dishonesty must notify the student within 10 academic days of discovery via the student's UB email address. A registration hold is placed on the student's account by the Office of Academic Integrity so the student cannot resign from the course without instructor permission. The instructor files an Academic Dishonesty Report Form with the OAI. For student conduct: charges are referred to the Student-Wide Judiciary through Appearance Referrals, typically issued by University Police or university administrators. If no Appearance Referral is in the report, a University Hearing Representative sends one to the student by email.
2. The Hearing
Academic Integrity: The first step is consultative resolution, a mandatory in-person or video-conference meeting between the instructor and student within 10 academic days of notification. If unresolved, either party may appeal to the Office of Academic Integrity (OAI). If the OAI finds cause for further review, it assembles an Adjudication Committee within 10 academic days. Each committee must have a minimum of two faculty members and two student members. All relevant materials are shared with both parties at least 72 hours before the hearing. Hearings occur on academic days and are not subject to formal legal rules of evidence. Each principal may have one advisor present, but the advisor may not be an attorney and may not speak to the committee. Student Conduct (SWJ): The student contacts the SWJ to schedule an Initial Hearing with a University Hearing Representative, who informs the student of the charges, explains rights, and discusses the incident. A plea agreement may be reached. If the student does not agree, either party may request a Hearing Panel of Justices. If a student fails to contact the SWJ within 7 days of an Appearance Referral, a Disciplinary Hold may be placed. Administrative Hearings are conducted by university administrators as hearing officers.
3. Appeals
Academic Integrity: A student may appeal an instructor's finding and/or sanction to the OAI by completing the Academic Dishonesty Appeal Form within 10 academic days of the instructor's decision notification. The OAI reviews the case under the preponderance of evidence standard and notifies both parties within 10 academic days. If the OAI finds cause, it assembles an Adjudication Committee within 10 academic days. For undergraduates, either party may then appeal the committee's decision to the OAI Director within 10 academic days on procedural grounds or based on substantial new evidence; the Director may uphold the decision or appoint a second committee, whose decision is final. For graduate students, the committee's decision is final with no further appeal available. Student Conduct (SWJ): Hearing Panel findings are final and binding pending the appropriate appeal process as defined in the Student Code; the specific post-panel appeal mechanism and deadline are described in the SWJ Rules of Procedure (appeal letter to be mailed no more than 5 days from the date of the Hearing Panel decision or from the deadline).
Deadline: 10 academic days from the date of the instructor's decision notification to file the initial appeal with OAI. 10 academic days from the date of the Adjudication Committee's decision notification to file a second-level appeal to the OAI Director (undergraduate only). For SWJ Hearing Panel appeals, the appeal letter must be submitted no more than 5 days from the Hearing Panel decision date or the deadline set by the panel. Academic days are weekdays when classes are in session during fall and spring semesters; they exclude exam days, Reading Days, summer sessions, and winter sessions.
Grounds for appeal:
- Appeal of the finding of academic dishonesty (charge)
- Appeal of the sanction imposed by the instructor
- Procedural error (for second-level appeal of Adjudication Committee decision by undergraduates)
- Substantial new evidence (for second-level appeal of Adjudication Committee decision by undergraduates)
Your Rights at a UB Hearing
- ✓Right to a clear written statement of charges and the nature of the supporting information
- ✓Right to a fair hearing and opportunity to present one's own position, information, and explanation
- ✓Right to be assisted by an advisor of one's choosing throughout the conduct process (advisor may not speak on the student's behalf during any step of the SWJ process)
- ✓Right to have one advisor present at academic integrity hearings (advisor may not be an attorney and may not speak directly to the committee)
- ✓Right to request departmental note-takers or an audio/video recording of the consultative resolution meeting
- ✓Right to appeal an instructor's finding of academic dishonesty and/or sanction to the OAI within 10 academic days
- ✓Right to appeal an Adjudication Committee decision to the OAI Director within 10 academic days on procedural grounds or if substantial new evidence exists (undergraduate only; graduate appeals end at the committee level)
- ✓Right to request an expedited appeal review if the academic integrity penalty affects graduation, transfer status, or eligibility
- ✓Right to request the replacement of one committee member within 5 academic days at the graduate level, without stipulating a reason
Sanctions UB Can Impose
Drawn directly from Student Code of Conduct: University Standards and Administrative Regulations (UNVERIFIED: needs human research).
- 1.Warning (written notice that repetition may result in more severe sanctions)
- 2.Revision of work (replace or revise the work in which dishonesty occurred; instructor may assign an Incomplete pending revision)
- 3.Reduction in grade (on specific assignment, exam, or final course grade)
- 4.Failure in the course (F grade)
- 5.Failure in the course with required remediation and a temporary notation of academic dishonesty on the transcript
- 6.Failure in the course with a permanent notation of academic dishonesty on the transcript
- 7.Dismissal from the degree program (graduate level only)
- 8.Dismissal from the degree program with a transcript notation of academic dishonesty (graduate level only)
- 9.Dismissal from the department (graduate level only)
- 10.Suspension from the University for a specific period of time (may include permanent transcript notation; requires OAI and Office of the President or designee approval)
- 11.Expulsion from the University (permanent transcript notation; requires OAI and Office of the President or designee approval)
- 12.Remediation assignment through OAI (first-offense undergraduates can clear their OAI record upon successful completion within 60 days; no effect on faculty-imposed grade sanction)
- 13.Community service
- 14.Disciplinary probation
- 15.Restitution
- 16.Loss of privileges
- 17.Campus No Contact Orders
- 18.Permanent transcript notation for crimes of violence and certain Student Code violations (Clery Act-reportable offenses)
- 19.Other sanctions as approved by university judicial bodies
What Makes UB's Process Distinctive
University Hearing Representatives in the SWJ are law students currently enrolled at SUNY Buffalo Law School, giving the SWJ a distinctive peer-based legal training component.
UB uses Maxient, a web-based messaging platform, as the official communication tool for Student Conduct, Academic Integrity, Campus Living, Dean of Students, and Equity, Diversity and Inclusion offices.
First-offense undergraduate students can expunge their OAI record by completing a remediation assignment within 60 days of sanction; repeat offenses can never be removed from the record.
OAI automatically places a registration hold on a student's account upon report of academic dishonesty, preventing course resignation without instructor permission.
Suspension and expulsion from UB for academic integrity violations require approval from both the OAI and the Office of the President or designee.
UB is a SUNY flagship institution and the largest in the SUNY system, meaning conduct and academic integrity cases can involve graduate and professional programs (medical, dental, law, pharmacy) with heightened career-disclosure implications.
Students have the right to request an expedited appeal review if the penalty affects graduation, transfer status, or eligibility.
Administrative Hearings are the required route for all Title IX, Violence Against Women Act, and sexual violence/misconduct cases; the SWJ does not handle those.
Common Violations Referred at UB
Plagiarism
Cheating (including in online courses)
Aiding in academic dishonesty
Falsifying academic materials
Misrepresenting documents
Purchasing academic assignments
Selling academic assignments
Submitting previously submitted work (self-plagiarism)
Sabotaging another student's work
Physical violence or threats
Harassment, intimidation, and coercion
Violations related to alcohol or controlled substances
Unauthorized use or misuse of UB Card
Computer/technology policy violations
Hazing
Sexual misconduct and sexual violence
Dating violence and domestic violence
Failure to comply with sanctions previously imposed under the Student Code of Conduct
Title IX at UB
Office of Equity, Diversity and Inclusion (EDI)
The EDI Director serves as the University's Title IX Coordinator (currently Sharon Nolan-Weiss, Director and Title VI, Title IX, and ADA Coordinator). The office is located at 406 Capen Hall, North Campus; phone (716) 645-2266; email equity@buffalo.edu. The Deputy Title IX Coordinator is Jessica Byerly, Associate Director. UB's Title IX Policy governs procedures for investigating and hearing cases of sexual harassment and sexual violence subject to Title IX. All Title IX and sexual misconduct cases are handled through Administrative Hearings, not the Student-Wide Judiciary. Advisors play a distinct role in the Title IX Grievance process, different from standard SWJ proceedings.
Key Deadlines at UB
- ⏱10 academic days: Instructor must notify student of alleged academic dishonesty after discovery.
- ⏱10 academic days: Student must meet with instructor for consultative resolution after notification.
- ⏱10 academic days: Student may file an appeal of the instructor's academic integrity finding/sanction with OAI after receiving the instructor's decision.
- ⏱10 academic days: OAI notifies parties of appeal status or assembles Adjudication Committee after receiving appeal.
- ⏱72 hours: All relevant materials must be shared with all parties before an Adjudication Committee hearing.
- ⏱10 academic days: Undergraduate student or instructor may appeal Adjudication Committee decision to OAI Director after notification of the committee's decision.
- ⏱5 days: SWJ Hearing Panel appeal letter must be submitted no more than 5 days from the Hearing Panel decision date or deadline.
- ⏱7 days: Student must contact SWJ after receiving an Appearance Referral or a Disciplinary Hold may be placed.
- ⏱60 days: Undergraduate students must complete the OAI remediation assignment within 60 days of sanction to be eligible to expunge their OAI record (first offense, non-egregious only).
The University at Buffalo is the flagship and largest campus in the State University of New York (SUNY) system, located in Buffalo, New York, with a North Campus in Amherst and a South Campus in the City of Buffalo. As a SUNY institution, UB students must affirm the Student Code of Conduct each year as a SUNY-wide requirement, and failure to affirm results in a registration hold. UB enrolls approximately 32,000+ students across undergraduate, graduate, and professional programs including medicine, dentistry, law, and pharmacy, making the stakes of academic integrity and conduct findings particularly high for students in licensed or credentialed fields. The Student Association offers free legal information sessions with attorneys to UB students, providing an accessible resource to help students navigate the conduct process. University conduct proceedings are explicitly separate from any civil or criminal legal proceedings, and cases may proceed simultaneously.
How AdvocatED Helps UB Students
Academic Misconduct Defense
Hearing preparation for Student Code of Conduct: University Standards and Administrative Regulations cases, including plagiarism, cheating, and unauthorized AI use.
Learn more →Conduct Hearing Preparation
Strategic coaching and preparation for presenting your case before Student-Wide Judiciary.
Learn more →Dismissal & Suspension Appeals
Building a compelling appeal through UB's appellate process on the grounds that fit your case.
Learn more →Title IX Defense
Navigating Office of Equity, Diversity and Inclusion (EDI) investigations and hearings.
Learn more →UB Resources & Guides
Related guides for UB students
Topic-specific guides that cover the situations UB students most commonly face.
Frequently Asked Questions: UB Students
Who handles academic misconduct cases at UB?
Student-Wide Judiciary (SWJ) has jurisdiction over academic misconduct matters at UB. University Hearing Representatives (law students currently enrolled at SUNY Buffalo Law School) who draft complaints and conduct hearings, plus Student Justices who sit on Hearing Panels. A Hearing Panel is comprised of an odd number of current Justices, with a minimum of 3 and a maximum of 7; decisions are by simple majority. The Chief Justice coordinates and conducts the Hearing Panel but is not a voting member. Violations of the Student Code of Conduct and other University rules and regulations, disputes involving student governments and elections. The Director of Student Conduct determines which body manages a given case; options include the Student-Wide Judiciary, Administrative Hearing, Campus Living staff (housing violations), and UB Information Technology (computing violations). All Title IX, Violence Against Women Act, and sexual violence/misconduct cases go to Administrative Hearings.
What is the evidence standard at UB?
UB applies Preponderance of the evidence for both student conduct (Student Code) and academic integrity matters. No final disciplinary sanctions may be imposed unless charges are substantiated by the preponderance of evidence. under Student Code of Conduct: University Standards and Administrative Regulations (UNVERIFIED: needs human research). Student-Wide Judiciary 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 UB conduct proceeding?
Under Student Code of Conduct: University Standards and Administrative Regulations, students facing a Student-Wide Judiciary proceeding have specific procedural rights, including the right to a clear written statement of charges and the nature of the supporting information; a fair hearing and opportunity to present one's own position, information, and explanation; be assisted by an advisor of one's choosing throughout the conduct process (advisor may not speak on the student's behalf during any step of the SWJ process); have one advisor present at academic integrity hearings (advisor may not be an attorney and may not speak directly to the committee). Exercising these rights correctly from the first notice can materially affect the outcome of your case.
How is an academic misconduct case initiated at UB?
For academic integrity: an instructor who has reason to believe a student committed academic dishonesty must notify the student within 10 academic days of discovery via the student's UB email address. A registration hold is placed on the student's account by the Office of Academic Integrity so the student cannot resign from the course without instructor permission. The instructor files an Academic Dishonesty Report Form with the OAI. For student conduct: charges are referred to the Student-Wide Judiciary through Appearance Referrals, typically issued by University Police or university administrators. If no Appearance Referral is in the report, a University Hearing Representative sends one to the student by email.
What sanctions can UB impose for academic misconduct?
Student-Wide Judiciary can impose a range of sanctions depending on the violation, including warning, revision of work, reduction in grade, 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 UB, and what is the deadline?
The appeal deadline at UB is 10 academic days from the date of the instructor's decision notification to file the initial appeal with OAI. 10 academic days from the date of the Adjudication Committee's decision notification to file a second-level appeal to the OAI Director (undergraduate only). For SWJ Hearing Panel appeals, the appeal letter must be submitted no more than 5 days from the Hearing Panel decision date or the deadline set by the panel. Academic days are weekdays when classes are in session during fall and spring semesters; they exclude exam days, Reading Days, summer sessions, and winter sessions.. Academic Integrity: A student may appeal an instructor's finding and/or sanction to the OAI by completing the Academic Dishonesty Appeal Form within 10 academic days of the instructor's decision notification. The OAI reviews the case under the preponderance of evidence standard and notifies both parties within 10 academic days. If the OAI finds cause, it assembles an Adjudication Committee within 10 academic days. For undergraduates, either party may then appeal the committee's decision to the OAI Director within 10 academic days on procedural grounds or based on substantial new evidence; the Director may uphold the decision or appoint a second committee, whose decision is final. For graduate students, the committee's decision is final with no further appeal available. Student Conduct (SWJ): Hearing Panel findings are final and binding pending the appropriate appeal process as defined in the Student Code; the specific post-panel appeal mechanism and deadline are described in the SWJ Rules of Procedure (appeal letter to be mailed no more than 5 days from the date of the Hearing Panel decision or from the deadline). Appeal grounds typically include appeal of the finding of academic dishonesty (charge), appeal of the sanction imposed by the instructor, procedural error (for second-level appeal of adjudication committee decision by undergraduates), among others. Appeals that succeed are usually the ones that ground each argument in the record and the specific policy language, not emotional or general objections.
Can I bring an advisor to my UB hearing?
Yes. Under Student Code of Conduct: University Standards and Administrative Regulations, students have the right to be assisted by an advisor of one's choosing throughout the conduct process (advisor may not speak on the student's behalf during any step of the swj process). AdvocatED can serve as that advisor and help you prepare your response, question witnesses where allowed, and navigate UB's specific procedural rules. What an advisor can and cannot do varies from school to school, and at UB the rules are set out in the governing policy.
Do I need a lawyer for a UB Student-Wide Judiciary proceeding?
In most cases, no. UB's proceedings follow university policy under Student Code of Conduct: University Standards and Administrative Regulations, not the legal system. What you need is someone who understands UB'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 UB handle Title IX cases?
UB handles Title IX matters separately from general academic misconduct, through the Office of Equity, Diversity and Inclusion (EDI). The EDI Director serves as the University's Title IX Coordinator (currently Sharon Nolan-Weiss, Director and Title VI, Title IX, and ADA Coordinator). The office is located at 406 Capen Hall, North Campus; phone (716) 645-2266; email equity@buffalo.edu. The Deputy Title IX Coordinator is Jessica Byerly, Associate Director. UB's Title IX Policy governs procedures for investigating and hearing cases of sexual harassment and sexual violence subject to Title IX. All Title IX and sexual misconduct cases are handled through Administrative Hearings, not the Student-Wide Judiciary. Advisors play a distinct role in the Title IX Grievance process, different from standard SWJ proceedings. Title IX proceedings have their own procedures, evidence standards, and timelines. If you are a respondent in a Title IX case at UB, 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 UB?
At UB, the most frequently cited violations include: plagiarism; cheating (including in online courses); aiding in academic dishonesty; falsifying academic materials. 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 UB conduct case?
At UB, the most consequential deadlines are: 10 academic days: Instructor must notify student of alleged academic dishonesty after discovery; 10 academic days: Student must meet with instructor for consultative resolution after notification; 10 academic days: Student may file an appeal of the instructor's academic integrity finding/sanction with OAI after receiving the instructor's decision. Missing any of these windows can eliminate procedural options that are otherwise available. If you have received a notice from Student-Wide Judiciary, document the dates on the notice immediately and calendar every deadline, even ones that do not seem urgent.
References and primary sources
The procedural details on this page come directly from UB's own published policies and official university resources.
- https://www.buffalo.edu/content/dam/www/studentlife/units/uls/student-conduct/UB%20Student%20Code%20of%20Conduct%202024-2025.pdfStudent Code of Conduct 2024-2025: sanctions list, judicial body roster, conduct process overview, SWJ jurisdiction, interim suspension criteria, transcript notation rules
- https://www.buffalo.edu/studentlife/life-on-campus/community/rules/violations/student-wide-judiciary.htmlStudent-Wide Judiciary process overview: initial hearing, plea agreements, advisor rights, hearing panel, student rights
- https://www.buffalo.edu/content/dam/www/studentlife/units/uls/student-conduct/Student-Wide-Judiciary-Rules-of-Procedure.pdfSWJ Rules of Procedure: composition of Hearing Panel, Appearance Referral process, 7-day contact deadline, 5-day appeal letter deadline, University Hearing Representatives role
- https://www.buffalo.edu/academic-integrity/about/appeal.htmlAcademic integrity appeal process: 10 academic day deadline, preponderance standard, Adjudication Committee composition, advisor restrictions
- https://www.buffalo.edu/academic-integrity/policies/ug-academic-integrity-procedures.htmlUndergraduate academic integrity procedures: consultative resolution timeline, OAI registration hold, Adjudication Committee assembly, second-level appeal to OAI Director, remediation
- https://www.buffalo.edu/academic-integrity/policies/grad-academic-integrity-procedures.htmlGraduate academic integrity procedures: 10-day appeal deadline, finality of committee decision for graduate students, expedited review option
- https://www.buffalo.edu/academic-integrity/about/sanctions.htmlFull academic integrity sanctions list: warning through expulsion, remediation, OAI record rules
- https://www.buffalo.edu/academic-integrity/instructors/process/sanctions.htmlAcademic integrity sanctions requiring OAI and President approval: suspension, expulsion, dismissal from program/department
- https://www.buffalo.edu/academic-integrity/instructors/process/appeals.htmlInstructor-facing appeals page: preponderance standard, Adjudication Committee timeline, graduate finality rule, undergraduate second-level appeal
- https://www.buffalo.edu/academic-integrity/instructors/process.htmlOAI process overview for instructors: Maxient messaging platform, 60-day remediation deadline, registration hold
- https://www.buffalo.edu/studentlife/life-on-campus/community/rules/violations.htmlConduct process routing: Director of Student Conduct role, SWJ vs. Administrative Hearing vs. Campus Living vs. IT, sanctions overview
- https://www.buffalo.edu/studentlife/life-on-campus/community/rules/violations/administrative-hearing.htmlAdministrative Hearing process: preponderance standard, advisor rights, Title IX/VAWA routing, sexual violence sanction requirements
- https://www.buffalo.edu/equity.htmlOffice of Equity, Diversity and Inclusion: Title IX Coordinator identity, address, contact information, anti-discrimination policy scope
- https://www.buffalo.edu/equity/support/obtaining-assistance/sex-discrimination-and-sexual-harassment/title-ix.htmlTitle IX page: EDI Director as Title IX Coordinator, Title IX policy governing sexual harassment and sexual violence investigations
- https://www.buffalo.edu/equity/about/our-staff.htmlEDI staff: Title IX Coordinator (Sharon Nolan-Weiss), Deputy Title IX Coordinator (Jessica Byerly), office location and contact
- https://www.buffalo.edu/studentlife/skills-for-success/life-skills/experiential-learning.host.html/content/shared/www/studentlife/units/uls/judicial-affairs-student-advocacy/involvement-opportunities/swj-student-positions.detail.htmlSWJ Hearing Representative eligibility: must be a graduate student enrolled at SUNY Buffalo Law School
- https://www.buffalo.edu/grad/succeed/current-students/policy-library.academics.htmlGraduate policy library: AIPP/AGPP relationship, 5-day committee member replacement right, RCRCA separate process, suspension/expulsion sanctions
- https://www.buffalo.edu/news/key-issues/student-code-of-conduct.htmlUB official statement on Student Code of Conduct: clear statement of charges right, preponderance standard, range of disciplinary actions
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