This resolution seeks to over-turn/over-ride a legal opinion. A Rostrum was published that addresses why ASCCC cannot effect the desired change.
Whereas, The Academic Senate for California Community Colleges adopted Resolution 14.01-Student Academic Dishonesty and Grading-in Fall 2005 requiring the Senate "to investigate faculty legal and professional rights and obligations with regards to dealing with academic dishonesty, including options for grading, disciplinary action, definitions of academic dishonesty, a statement of best practices, and an explanation of student rights (p. 1)";
Whereas, The Academic Senate adopted Resolution 14.02-Student Cheating-in Fall 2005 seeking clarification on Chancellor's Office legal opinion L 95-31 "limit[ing] the ability of local faculty to fail a student for a single incident of academic dishonesty, and pending the result of clarification, to seek an appropriate Title 5 change";
Whereas, The Chancellor's Office has reiterated its position in legal opinion 07-12 but acknowledges that examining the constitutionality of failing a student because of an act of academic dishonesty is unwarranted given current Board of Governors grading regulations; and
Whereas, A change in regulation would fulfill the intent of Resolution 14.02 and Academic Senate 2007 recommendation to "Continue to review and revise Title 5 where applicable to academic dishonesty";
Resolved, That the Academic Senate for California Community Colleges convene a group to review and where appropriate draft language to revise Title 5 grading regulations to allow for the failure of students for egregious acts of academic dishonesty;
Resolved, That the Academic Senate for California Community Colleges ensure that draft language reaffirm a student's right to due process when failure in the class stems from an act of academic dishonesty; and
Resolved, That the Academic Senate for California Community College continue to promote the recommendations outlined in its 2007 adopted paper Promoting and Sustaining an Institutional Climate of Academic Integrity to educate faculty and students on issues of academic integrity, including prevention of cheating and assurance of due process in adjudication proceedings, and bring back a progress report no later than the Fall 2009 Plenary Session.
Disposition: Local Senates