220.025 Revocation of a Degree, Diploma and/or Certificate

Bd. Min. 6-26-12.

1. Adequate cause for revocation of a degree, diploma and/or certificate includes, without limitation, the following:
   
   1. The degree, diploma and/or certificate was awarded based, in whole or in part, upon the student’s satisfying the academic requirements for the award of the degree, diploma and/or certificate by or through actions which constitute academic dishonesty, as defined in the University’s Standards of Conduct, as set forth in Section 200.010 of the Collected Rules and Regulations of the University of Missouri;
   2. The degree, diploma and/or certificate was awarded based, in whole or in part, upon the student’s satisfying the academic requirements for the award of the degree, diploma and/or certificate by or through actions which involve falsification, misrepresentation, fabrication or other mischaracterization of the nature of or number of credit hours or degrees earned at the University of Missouri or at other institutions of higher education for which the University of Missouri has given credit;
   3. The degree, diploma and/or certificate was awarded based, in whole or in part, upon the student’s obtaining a waiver of the academic requirements for the award of the degree, diploma and/or certificate by or through actions which involve falsification, misrepresentation, fabrication or other mischaracterization of the reasons for such waiver of the academic requirements for the award of the degree, diploma and/or certificate or the forgery, falsification, fabrication or mischaracterization of the necessary approval of such waiver of the academic requirements for the award of the degree, diploma and/or certificate;
   4. The degree, diploma and/or certificate was awarded despite the student’s failure to satisfy the academic requirements for the award of  the degree, diploma and/or certificate in existence at the time the degree, diploma and/or certificate was awarded and without regard to whether or not the student’s conduct contributed, in whole or in part, to the erroneous award of the degree, diploma and/or certificate;
   5. Violation of the University’s Standards of Conduct, as set forth in Section 200.010 of the Collected Rules and Regulations of the University of Missouri, or applicable Honor Code as provided by Section 200.020E.7. of the Collected Rules and Regulations of the University of Missouri, prior to the award of the degree, diploma and/or certificate under circumstances which, if the University had been aware of such violations prior to the award of the degree, diploma and/or certificate, would, in a majority of violations of that section of the University Standards of Conduct during the five-year period immediately preceding the initiation of proceedings, likely have resulted in the imposition on the student of University dismissal or University expulsion, as those terms are defined in Section 200.020C of the Collected Rules and Regulations of the University of Missouri or applicable Honor Code.
2. Initiation of Procedure
   
   1. The procedure for revocation of a degree, diploma and/or certificate may be initiated by the Chancellor of one the campuses of the University, based upon the recommendation of the Provost of the campus from which the recipient received the degree, diploma and/or certificate.  Before submitting a recommendation to the Chancellor to initiate the procedure for revocation of a degree, diploma and/or certificate, the Provost shall consult with the appropriate faculty group or body which recommended the award of the degree, diploma and/or certificate originally and after considering the advice provided by said faculty group or body shall make a recommendation to the Chancellor.
   2. If the Chancellor concurs with the recommendation of the Provost that the procedure for revocation of a degree, diploma and/or certificate should be initiated, the Chancellor, in consultation with the Provost, shall appoint an appropriate University administrator or other appropriate University employee to present the information supporting the reason(s) for revoking the degree, diploma and/or certificate (hereinafter referred to as “the Relator”).  The Relator shall have the responsibility for preparing written charges setting forth the basis for the Provost’s belief that such degree, diploma and/or certificate should be revoked (hereinafter referred to as “Charge”) and containing sufficient detail so as to provide the recipient of said degree, diploma and/or certificate (hereinafter referred to as “the Respondent”) with a reasonable opportunity to understand the charges and to respond thereto; for serving a copy of said written charges on the Respondent, by hand delivery or by certified or registered mail, along with a notice of an opportunity for the Respondent to request a hearing of the charges before the Campus Degree Revocation Committee (hereinafter referred to as the “Committee”), appointed by the Chancellor; and for representing the Provost at any formal hearing or proceeding conducted as a part of the revocation procedure.
3. Campus Degree Revocation Committee –  There shall be a Standing Committee on each campus of the University which shall have jurisdiction to consider any case in which revocation of a degree, diploma and/or certificate is proposed.  Such Standing Committee shall be called the Campus Degree Revocation Committee.  Four (4) members of the Campus Degree Revocation Committee and an alternate to serve in the event one of the four (4) members cannot serve, shall be appointed annually by the Chancellor after consultation with the Faculty Council or Faculty Senate. Each of the members of the Committee and the alternate shall be a faculty member on continuous appointment at the rank of Professor or Associate Professor.  In the event that the Chancellor approves the initiation of the procedures for revocation of a degree, diploma and/or certificate,  the Chancellor shall appoint a fifth member of the Campus Degree Revocation Committee, who shall also be a faculty member at one of the campuses of the University of Missouri System on continuous appointment at the rank of Associate Professor or Professor and who shall be from the same discipline or a related discipline as the department faculty who recommended the award of the degree, diploma and/or certificate, but who shall not be a faculty member in such department.  The Campus Degree Revocation Committee shall elect a Chair from among its five (5) members.   
4. Request for Hearing and Other Pre-Hearing Procedures
   
   1. If the Respondent desires a hearing, the Respondent shall give written notice of this request to the Provost within sixty (60) consecutive calendar days from the receipt of the formal notice from the Relator. The Respondent shall also send copies of this request for hearing to the Relator and to the Chair of the Committee. The Relator shall thereupon file a copy of the Charge with the Chair of the Committee. Failure by the Respondent to make a timely written request for a hearing shall constitute a waiver of the Respondent's right to a hearing before the Committee.  
   2. Within thirty (30) consecutive calendar days after submitting the request for a hearing before the Committee to the Provost, the Respondent shall file an Answer to the written charges with the Provost, the Relator and the Chair of the Committee. Such Answer shall specifically admit or deny the allegations contained in the Charge. A failure to answer or to deny an allegation of fact in the Charge may be considered by the Committee as an admission of such fact.
5. Hearing by Committee
   
   1. If the Respondent makes a timely written request for a hearing by the Committee, the Chair of the Committee shall notify in writing the Respondent and the Relator of the date, time, and place of hearing before the Committee, which shall be within a reasonable time but not less than twenty (20) consecutive calendar days after the date of the receipt of the request for hearing. 
   2. Any request for continuance shall be made by the Respondent or Relator in writing to the Chair of the Committee, who shall have discretionary authority to continue the hearing upon determining that the request is timely and made for good cause. Any continuance of more than thirty (30) days shall require the approval of the Committee and of the Provost.
   3. In accordance with applicable laws and University policies related to the privacy rights of students, such hearings shall not be open to the public.  Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements and publicity about the case by the Relator, the Respondent, the Committee, or administrative officers will be avoided until the proceedings have been completed, including final appeal.
6. Conduct of Hearing
   
   1. The Chair of the Committee shall preside at the hearing, call the hearing to order, call the roll of the Committee in attendance, ascertain the presence or absence of the Respondent and the Relator, read the notice of hearing, read the Charge and Answer, verify the receipt of the notice of the Charge by the Respondent, report any continuances requested or granted, establish the presence of an advisor or counselor of either party, call to the attention of the Respondent and Respondent's advisor any special or extraordinary procedures to be employed during the hearing, and permit the Respondent to suggest or object to procedures. Formal rules of evidence shall not be required.
   2. Opening Statements
      
      1. The Relator shall make opening remarks outlining the general nature of the case. Such remarks shall not be considered as evidence. The Relator may give evidence, but only if called to testify as a witness.
      2. The Respondent may also make an opening statement to the Committee about the charge, either at this time or at the conclusion of the Relator's presentation of evidence, at the Respondent's election. Such remarks shall not be considered as evidence. The Respondent may give evidence, but only if called to testify as a witness.
   3. Relator's Evidence
      
      1. Relator's witnesses are to be called and identified and evidence or written statements or reports introduced as appropriate.
      2. The Committee may question witnesses or examine evidence at the conclusion of the Relator's presentation of those witnesses or of that evidence. Respondent may question the Relator or witnesses.
   4. Respondent's Evidence
      
      1. Respondent's witnesses are to be called and identified and evidence or written statements or reports introduced as appropriate.
      2. The Committee may question witnesses or examine evidence at the conclusion of Respondent's presentation of those witnesses or of that evidence. Relator may question the Respondent or witnesses.
   5. Rebuttal Evidence – The Committee shall permit the Relator or the Respondent to offer any matter in rebuttal of the other's presentation.
   6. Rights of Committee – The Committee shall have the right:
      
      1. To determine the relevancy and admissibility of any evidence offered at the hearing.
      2. To permit a stipulation of agreed facts by the Relator and the Respondent.
      3. To permit the incorporation in the record by a reference of any document, affidavit or other exhibit produced and desired to be incorporated in the record by the Relator or the Respondent.
      4. To require the Relator and the Respondent to provide to the Committee prior to the hearing a list of the persons they expect to call as witnesses at the hearing.
      5. To question witnesses or evidence introduced by either the Relator or the Respondent at any time.
      6. To call additional witnesses.
      7. To dismiss any action or permit informal disposition at any stage of the proceeding if agreed to by Relator, Respondent, and the Provost.
      8. To permit at any time amendment of the Charge or Answer so as to include matters which may come to the attention of the Committee before its final recommendation concerning the case, provided however, that in such event the Committee shall grant to the Respondent or the Relator such time as the Committee may determine reasonable under the circumstances to answer or explain such additional matters.
      9. To dismiss any person from the hearing who interferes with or obstructs the hearing or fails to abide by the rulings of the Chair of the Committee.
      10. To have present a legal advisor to the Committee, who shall be designated by the General Counsel of the University of Missouri System.
   7. Rights of the Parties – At any hearing before the Committee pursuant to formal notice of a Charge, Relator and Respondent shall have the right:
      
      1. To be present at the hearing, which right may be waived by failure to appear.
      2. To have present at the hearing any legal or other advisor or counselor and to consult with such advisor or counselor during the hearing.
      3. To present evidence by witnesses and by properly identified written statements or reports in support of or in defense to the Charge.
      4. To hear or examine evidence presented by the other party.
      5. To question witnesses present and testifying for the other party.
      6. To make any statement to the Committee in support of or in defense to the Charge.
      7. To be informed in writing of the findings of the Committee and its recommendation on the Charge.
   8. Other Procedural Questions – Procedural questions which arise during the hearing and which are not covered by these general rules shall be determined by the Chair of the Committee, whose ruling shall be final unless the Chair shall present the question to the Committee at the request of a member of the Committee, in which event, the ruling of the Committee by majority vote shall be final.
   9. General Rules of Decorum – The following general rules of decorum shall be adhered to:
      
      1. All requests to address the Committee shall be made to the Chair.
      2. The Chair shall rule on all requests and points of order and may consult with the Committee's legal advisor prior to any ruling. The Chair's ruling shall be final and all participants shall abide thereby unless the Chair shall present the question to the Committee at the request of a member of the Committee, in which event the ruling of the Committee by majority vote shall be final.
      3. An advisor or counselor of either the Relator or the Respondent shall be permitted to address the Committee and to question witnesses. An advisor or counselor may request clarification of a procedural matter or may object on the basis of procedure at any time by addressing the Chair after recognition.
   10. Recommendation by Committee – The Committee shall make its findings and recommendations by majority vote in executive session out of the presence of the Relator and Respondent. Separate findings of fact are to be made as to each count of the Charge, and a recommendation made based upon the findings on all charges. The burden of proof shall be on the Relator.  Before recommending revocation of a degree, diploma and/or certificate, the Committee shall be convinced by clear and convincing evidence in the record considered as a whole that one or more counts have been sustained and that such count or counts warrant revocation of the degree, diploma and/or certificate.
   11. Official Report of Findings and Recommendation – Within ten (10) consecutive days after receipt of the record, the Committee shall make its findings of fact and recommendations in writing and transmit them to the Chancellor, to the Provost, to the Relator, and to the Respondent forthwith. 
   12. Record of Case – A stenographic record of the hearing shall be taken and shall be maintained for five (5) years. The notice, exhibits, hearing record, and the findings and recommendation of the Committee shall become the "Record of the Case," shall be filed in the Office of the Chancellor of the involved campus, and shall be available only for official purposes, and for the purpose of appeal shall be accessible at reasonable times and places both to the Relator and the Respondent. The Record of the Case shall not be made available to the public unless required by law.  In the event of an appeal, no new evidence shall be taken in the case, but the Chancellor or the Board of Curators may remand the matter for further evidence to the Committee. Either party may have any such record of the hearing reduced to writing for the purposes of appeal.
7. Recommendation by the Chancellor – The Chancellor, with the concurrence of the President of the University, shall make a recommendation to the University of Missouri Board of Curators in the matter after giving due consideration to the findings and recommendations of the Committee and may remand the matter to the Committee for further proceedings. Upon reaching this recommendation, the Chancellor shall notify the Respondent, the Relator, the Provost and the Committee in writing of the Chancellor’s recommendation and shall forward said recommendation, along with the full Record of the Case, to the University of Missouri Board of Curators whose formal action is necessary to revoke a degree, diploma and/or certificate.
8. Action by the Board of Curators – Both the Relator and the Respondent shall be given the opportunity to file with the University of Missouri Board of Curators a written argument confined to the issues and evidence previously submitted and considered in the Record of the Case by the Committee and by the Chancellor.  Said written argument must be submitted within thirty (30) consecutive calendar days after receipt of the recommendation of the Chancellor unless, for good cause shown, the Chair of the University of Missouri Board of Curators grants an extension of time for filing said written argument.  The University of Missouri Board of Curators may, at its discretion, permit the parties to appear personally before the Board or a committee of the Board prior to reaching a final decision on the Chancellor’s recommendation. The Board of Curators, after consideration of the Record in the Case, the Committee’s findings and recommendation, the Chancellor’s recommendations and the written arguments filed by the Relator and/or the Respondent, shall take such final action as it deems appropriate with regard to the revocation of the degree, diploma and/or certificate. The Secretary of the Board shall notify the Respondent and the Relator in writing of the decision of the Board, with copies of such notice being provided to the President, the Chancellor, the Provost and the Committee.