I. Purpose
This Academic Misconduct Hearing Procedure (“Hearing Procedure”) is established to implement the Anne Arundel Community College (“College”) Board of Trustee’s Academic Integrity Policy (“Policy”).
II. Scope and Applicability
A. This Hearing Procedure applies to Respondents who seek to contest allegations of Academic Misconduct pursuant to the Resolving Academic Misconduct Allegations Procedure.
B. In addition, this Hearing Procedure applies to Respondents who seek to contest issuance of suspension, expulsion, or revocation of a credential after a Sanction Review pursuant to Procedure for Resolving Academic Misconduct Allegations.
C. This Hearing Procedure does not apply to non-academic misconduct or student grievances.
III. Definitions
A. All capitalized terms in this Hearing Procedure have the meanings provided in the Policy and the Resolving Allegations Academic Misconduct Procedure.
B. All other capitalized terms in this Procedure have the following meanings:
1. Preponderance of the Evidence means it is more probable than not that Academic Misconduct occurred.
IV. General Hearing Procedures
A. The Hearing may be held in person, by telephone, or through electronic means at the discretion of the Hearing Officer.
1. If the Respondent, College Representative, or Faculty Member is unavailable on the Hearing date, the individual must notify the Administrative Assistant or designee via email at least twenty-four (24) hours prior to the Hearing date and must provide the reasons that the individual is not available.
2. If the Hearing Officer finds there is good cause, the Hearing Officer may reschedule the Hearing date.
3. If the Respondent fails to appear for the Hearing, the Hearing will proceed without the Respondent’s participation unless the Respondent can show a good cause for failing to appear, as determined by the Hearing Officer.
B. The Hearing will be closed to those not directly involved in the case.
1. The Hearing Board members, the College Representative, the Faculty Member, the Respondent, and the Respondent’s Advisor are permitted to be present during the Hearing.
2. Any other witness may be present at the Hearing only during the witness’ own testimony.
3. The Administrative Assistant or designee may be present during the Hearing to provide administrative support, such as logistics, note taking and recording.
4. If the Respondent is represented by legal counsel, a member of the Office of General Counsel may be present during the Hearing.
5. At the discretion of the Hearing Officer, other persons may be permitted to attend any or all of the Hearing.
6. No other persons may be present during the Hearing.
C. The Faculty Member shall have the right to participate in the presentation of the evidence as a witness.
1. If the Faculty Member fails to appear at the Hearing, the Hearing will proceed without the Faculty Member’s participation.
2. If the Faculty Member can show a good cause for failing to appear prior to the start of the Hearing may be rescheduled, as determined by the Hearing Officer.
D. At the Hearing, the Hearing Board shall not be bound by rules of legal evidence and may consider any evidence or testimony that was disclosed prior to the Hearing that the Hearing Board determines to be relevant to deciding whether the Respondent is responsible for the allegations in the Notice.
E. Recording the Hearing
1. The Administrative Assistant or designee will arrange for the Hearing to be recorded, at the College’s expense.
2. No other individual may make audio or video recordings of any part of the Hearing.
3. The Hearing Officer will state on the record that by participating in the Hearing, all individuals present are deemed to have consented to the recording.
V. Opening Statements
A. During the Hearing, the College Representative will be permitted to make an opening statement as to why the Respondent should be found responsible for the allegations in the Notice.
B. Then, the Respondent will be permitted to make an opening statement as to why the Respondent should not be found responsible for the allegations in the Notice.
C. Each opening statement will be limited to no more than five (5) minutes, unless otherwise determined by the Hearing Officer.
VI. Presentation of the Case
A. The College Representative will be permitted to present the College’s case by calling any witnesses and discussing any documents or evidence.
B. The Respondent will be permitted to ask questions of any witness called by the College Representative.
C. Then, the Respondent will be permitted to present the Respondent’s case by calling any witnesses, including but not limited to the Respondent, and discussing any documents or evidence.
D. The College Representative shall be permitted to ask questions of any witness called by the Respondent.
E. Hearing Board members may ask questions of any witness at any time.
F. The College Representative may make a request to the Hearing Officer to consult with the Faculty Member during the Hearing, as needed, outside of the presence of the Hearing Board and the Respondent prior to the completion of questioning of any witness.
G. The Respondent may make a request to the Hearing Officer to consult with their Advisor during the Hearing, as needed, outside the presence of the Hearing Board and the College Representative prior to the completion of questioning of any witness.
H. The number of minutes permitted for consultations is at the discretion of the Hearing Officer.
I. If the Hearing Officer determines that any question is inappropriate or irrelevant to the allegations in the Notice, the Hearing Officer may instruct the witness not to answer.
J. The College Representative and the Respondent may not present witnesses or evidence that were not disclosed prior to the Hearing.
K. The Hearing Officer will permit all witnesses and evidence disclosed prior to the Hearing; however, the Hearing Board may afford the testimony and evidence the amount of weight the Hearing Board deems appropriate.
L. If witness testimony or evidence is beyond the scope of the allegations in the Notice, the Hearing Officer may redirect the Respondent, the College Representative, or the witness to focus on the issues in the Notice.
VII. Closing Statements
A. Once the College Representative and the Respondent have presented their cases, the College Representative will be permitted to make a closing argument as to why the Respondent should be found responsible for the allegations in the Notice and may propose a Sanction(s). The College Representative will consult with the Faculty Member prior to the Hearing to determine the Sanction(s) to propose.
B. Then, the Respondent will be permitted to make a closing argument as to why the Respondent should not be found responsible for the allegations in the Notice and may oppose any Sanction(s) proposed by the College Representative.
C. Each closing argument will be limited to no more than five (5) minutes, unless otherwise agreed by the Hearing Officer.
VIII. Deliberations
A. After closing arguments, the Hearing Officer will close the Hearing, and the Hearing Board will retire to deliberate.
B. During deliberations, the Hearing Board may not discuss the information discussed at the Hearing with anyone who is not a member of the Hearing Board, with the exception of a member of the College’s General Counsel’s office.
IX. Decision
A. No later than seven (7) Business Days after conclusion of the Hearing, the Hearing Board shall determine, based solely on the testimony and evidence presented at the Hearing, whether or not the Respondent is responsible for the allegations contained in the Notice.
1. The College Representative has the burden of proof to establish by a Preponderance of the Evidence that a violation of the Academic Integrity Policy has occurred.
2. The Hearing Board will not consider the intent related to an alleged act of Academic Misconduct in determining whether a violation occurred or in determining an appropriate Sanction(s), if any.
B. Sanctions
1. If the Hearing Board determines that the Respondent is responsible for Academic Misconduct, the Hearing Board will determine the appropriate Sanction(s).
a. The Hearing Board may issue more than one (1) Sanction, including Educational and/or Disciplinary Sanctions.
b. Sanctions will be commensurate with the violation, though subsequent violations may result in more serious Disciplinary Sanctions.
c. If the Respondent seeks a Hearing, after admitting responsibility and having Sanction(s) determined through the Sanction Review process, the Sanction(s) issued by the Hearing Board may be more or less severe than the original Sanction(s).
2. Educational Sanctions
a. The Hearing Board may impose an Educational Sanction(s) when the Respondent is found responsible for Academic Misconduct that indicates a lack of skill, expertise, or knowledge of academic practices; gaps in information literacy; or a need for skills development.
b. Generally, Educational Sanctions will only be given for minor violations.
c. Educational Sanctions include the following:
i. A reflection paper or apology letter;
ii. A conversation about academic integrity between the Faculty Member and/or administrator and the Respondent;
iii. Training about academic integrity;
iv. Resubmission of the academic assessment in which the Academic Misconduct occurred, with the consent of the Faculty Member;
v. Submission of an alternative academic assessment to be graded on its merits in lieu of or in addition to the academic assessment in which the Academic Misconduct occurred, with the consent of the Faculty Member; or
vi. A grade of F or a zero (0) on the academic assessment in which the Academic Misconduct occurred.
d. Educational Sanction(s) must be completed within ten (10) Business Days of the Decision being sent to the Respondent. The Faculty Member will notify the Administrative Assistant or designee if the Educational Sanction(s) is not completed by the Deadline.
e. If the Respondent does not submit or complete the Educational Sanction imposed within the Deadline or according to the instructions provided by the Hearing Board, the Administrative Assistant or designee will notify the Director of Community Standards who may bring charges under the Student Code of Conduct for failure to comply with a Sanction imposed pursuant to College policy and procedures, which may result in an additional Sanction(s).
3. Disciplinary Sanctions
a. Disciplinary Sanctions include the following:
i. A grade of F in the class(es) in which the Academic Misconduct occurred and the Respondent can no longer attend or participate in the class(es) and will be removed from the online classroom, if applicable;
ii. A Written Reprimand that the Respondent’s conduct is unacceptable;
iii. Disciplinary Probation
1) Disciplinary Probation is a designated period of time stated in writing (“Probationary Period”) during which, if the Respondent is found to commit any prohibited act(s) of misconduct, more severe disciplinary sanctions may be imposed.
2) The Probationary Period may be for one semester, multiple semesters, or indefinitely, as determined by the Hearing Board.
3) By itself, Disciplinary Probation does not affect the Respondent’s ability to register for classes.
4) While the Respondent is on Disciplinary Probation, the Respondent is not in good standing.
iv. Disciplinary Suspension
1) Disciplinary Suspension is separation from the College for a definite or indefinite period of time ("Suspension Period"), after which the Respondent is eligible to re-enroll.
2) The Suspension Period may be for one semester, multiple semesters, or indefinitely, as determined by the Hearing Board.
3) The Disciplinary Suspension shall be in writing and conditions for re-enrollment specified.
4) A Respondent serving a Disciplinary Suspension is barred from all property owned or operated by the College for the duration of the Suspension.
5) The Respondent will receive a grade of F in the class(es) in which the Academic Misconduct was found.
6) If all of the terms of the Suspension are met, the Suspension will be lifted at the conclusion of the Suspension Period.
7) If specified in the Decision, the Respondent’s return to College property may be subject to stipulations, such as being ineligible to participate in certain activities or restriction from certain campus areas or buildings.
v. Expulsion
1) Expulsion is the permanent separation from the College.
2) During an Expulsion, the Respondent shall be prohibited from coming onto any College property.
3) The Respondent will receive a grade of F in the class(es) in which the Academic Misconduct was found.
vi. Invalidation of Credit/Grade
1) Invalidation of credit is the replacement of the grade previously awarded on the Respondent’s transcript for the credit or non-credit course(s) in which Academic Misconduct was found to have occurred with the grade of an F, which invalidates the credit and/or grade received.
2) Invalidation of credit or non-credit course(s) may result in the revocation of a credential if the course(s) is necessary for the completion of that credential.
vii. Revocation of a Credential
1) Revocation of a credential is the invalidation of an academic credential(s), including a degree, certificate, or any other credential offered by the College that was previously awarded by the College.
2) If a credential is revoked, the Respondent will not be able to obtain a copy of the Respondent’s diploma.
4. Factors Considered for Sanctioning Purposes
a. If the Hearing Board finds the Respondent responsible for Academic Misconduct, the Hearing Board will review the Respondent’s prior academic and disciplinary records.
b. The Hearing Board will consider the following factors in determining appropriate Sanctions:
i. The Sanction(s) proposed by the College Representative;
ii. Prior education and/or disciplinary records, if any;
iii. The nature of the violation and the circumstances under which the Academic Misconduct occurred;
iv. A Respondent’s level of involvement in the violation;
v. Actual harm or potential harm caused by the conduct;
vi. The impact on the College community;
vii. The severity and pervasiveness of the conduct or violation;
viii. The Respondent’s demonstrated understanding and expressed remorse;
ix. The Respondent’s level of cooperation and compliance;
x. The importance of the academic assessment to the Respondent’s grade in the course in which the Academic Misconduct occurred;
xi. Impairment resulting from voluntary use of alcohol or drugs (i.e., other than medically necessary);
xii. The Sanction imposed by the AVPL if a Hearing requested after a Sanction Review; and/or
xiii. Other aggravating and mitigating factors, as deemed appropriate by the Hearing Board.
c. Impairment will be considered an aggravating, and not a mitigating, factor.
d. Intent at the time the Academic Misconduct was committed will not be considered as a mitigating or aggravating factor in determining the appropriate Sanction(s).
C. The Hearing Officer will complete the Decision Form and provide a copy of the Decision in writing to the Respondent, the College Representative, and the Faculty Member, which shall include the reason(s) for the Decision and if found responsible, the Sanction(s) to be imposed, and notification of the Respondent’s right to appeal and a copy or link to the Academic Misconduct Appeal Procedure.
D. The Hearing Board may consult with the College’s legal counsel, as needed, in drafting the Decision.
Procedure Title: Academic Misconduct Hearings Procedure
Policy Category: Academic Affairs
Policy Owner: Provost/Vice President of Learning
Policy Administrator: Associate Vice President of Learning and Academic Affairs
Contact Information: TBA
Approval Date: May 24, 2023
Effective Date: Aug. 26, 2023
History: N/A
Applies to: All College students and former students
Related Policies: Academic Integrity Policy
Related Procedures:
Forms/Guidelines:
Relevant Laws: N/A