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Due Process

In any allegation of academic dishonesty, every effort will be made to ensure due process. Due process is defined as a course of formal proceedings carried out regularly and in accordance with established rules and principles. Thus, in the unfortunate event of an alleged breach of academic honesty, the student so charged will be insured due process as follows:

  1. Immediately if possible, but not later than two school days, after the alleged incident or the awareness of academic dishonesty, the instructor presents to the student the specific charge with supporting evidence. This charge, if given orally and/or in writing, should include the nature of alleged academic dishonesty (cheating, plagiarism, falsification); the date, time, description of the incident; the action that was taken by the instructor at the time of the incident.
  2. The instructor meets with student and permits the student to respond to the charge with facts and mitigating circumstances relating to the alleged incident of academic dishonesty. If, after hearing the student's response, the instructor concludes that the student is culpable of the allegation, the instructor has the authority to impose a sanction on the student. (See Section V, Sanctions, of this policy.) The nature of the sanction is communicated to the student, the Associate Vice President for Academic Affairs (AVPAA), and the chair of the division.
  3. Appeal of the instructor's decision: Within three school days after the student has been notified of the instructor's decision, the student may appeal in writing to the chair of the division to which the faculty member belongs. The division chair will initiate the development of an Appeals Committee. The Appeals Committee will consist of three teaching faculty members who, in the opinion of the division chair, are competent to evaluate the appeal. The division chair will be one of the three members unless that person is the faculty member who charged the student with academic dishonesty.
  4. The Appeals Committee will designate one of its members to serve as chair of the committee. The Appeals Committee has the authority to hear the case, to rule on procedure for the hearing, to impose or alter sanctions on the student and to communicate the findings of the committee to the student and to the faculty member and the AVPAA or designate. The case must be decided by a majority vote within 48 hours of conclusion of the hearing by the Appeals Committee.
  5. A student who has been penalized for academic dishonesty and who believes that he/she has not been accorded the rights stated in this policy may seek an appeal of the Committee's decision from the Vice President for Academic Affairs. If in the judgment of the Vice President for Academic Affairs, an appeal hearing is warranted, the VPAA will convene an administrative Appeals Board. This Board will consist of the VPAA, the chair of the Faculty Senate, and the Vice President for Students. Such an appeal must be made in writing within 14 school days after the student has been notified of the Appeals Committee decision. Failure by the student to appeal the decision of the Appeals Committee on a timely basis shall constitute a waiver of the student's right to appeal. The appeal must be based on one or more of the following grounds: (The student was not accorded due process as described in this policy. The student has new evidence that was not available or was unknown at the time of the Appeals Committee hearing. The administrative Appeals Board will review and make the final disposition of the case. The decision of this Appeals Board will be final and binding.
  6. Conduct of appeals hearing: Both the student and the faculty member must be present at each appeals hearing, i.e., Appeals Committee and administrative Appeals Board. Both the student and the faculty member may have counsel at each appeals hearing. Persons providing counsel may advise students and faculty, and may be present during, but not participate in, the hearings. Both the student and the faculty member may present his/her case, and hear and question all witnesses during an appeals hearing.
  7. The student will receive a written report of the findings and the decision at each level of the appeal process. Copies of this written report will be given to the faculty member, the VPAA, and the Registrar.
  8. Sanctions: In cases where culpability is established, the student is to be accorded the opportunity to enter mitigating circumstances through the student's own testimony and that of any witnesses the student produces. Such testimony may be made during the meeting with the faculty member and during an appeals hearing. In cases where culpability is established, the following sanctions will be imposed:
  1. For an initial transgression, and where culpability is established, the student will face sanctions up to and including failure for the course. In addition, a memo detailing the infraction must be forwarded by the instructor to the Registrar to be placed in the student's file.
  2. If the Registrar determines that this is the second infraction on the part of a student with fewer than 30 credits, the case will be referred to the VPAA before any action is taken.
  3. If the Registrar determines that this is a second infraction on the part of a student with more than 30 credits, the penalty is immediate failure of the course. The Registrar will inform the student and the instructor of the failing grade in the course.
  4. A third infraction will result in academic dismissal from the College.