ES4670 - Academic Misconduct

1. Institutional Regulations
   
   The Board of Directors of DMACC confers upon the staff the power to invoke sanctions and promulgate rules to protect the educational processes and the rights of individual students and staff.
    
2. Procedure
   1. The following acts by students are prohibited:
      1. Engaging in any form of plagiarism, which is defined as the appropriation of and use of another person’s writing, and passing it off as the product of one’s own efforts or copying any work and submitting it as original work.
      2. Falsifying with respect to any examination, paper, project, application, recommendation, transcript, or test, or by any dishonest means whatsoever, or by aiding or abetting another student to do so.
      3. Using materials or collaborating with another person (or persons) during a test or other assignments without authorization.
      4. Substituting for another student, or permitting another person to substitute for oneself, to take an examination, course, or test, or to provide the work for any assigned project.
      5. The acquisition of grades, academic credits, degrees, honors, awards, certification, or professional endorsements by means of cheating.
      6. Failing to comply with the policies of the student’s program or department stated in College publications.
   2. Investigation and Charge Procedure for Alleged Violations of Academic Misconduct.
      1. An instructor who believes a student has violated the Academic Misconduct Policy should complete an Academic Misconduct Report Form, attach all documentation used to come to this conclusion (course syllabus, assignment, test, quiz, source of plagiarized material, etc.), and send a copy to the Dean/Provost, Judicial Officer, and to the student.
      2. The originator must make a good faith effort to communicate with the student to provide an opportunity to respond to the charges. The instructor should communicate to the student the sanction to be imposed. If the student is unavailable, the instructor should indicate the reason in Part 4 and document the sanction on the Academic Misconduct Report Form.
      3. If the student admits responsibility for the violation, the student should indicate that by checking option one (1) on Academic Misconduct Report Form in Part 4.
      4. If the student does not agree with the proposed sanction or denies responsibility for the alleged violation on Part 4 of the Academic Misconduct Report Form, the instructor, Dean/Provost, or Judicial Officer should provide the student with Student Instructions for Completion of Appeal of Academic Misconduct Allegation Form to be submitted by the student to the Judicial Officer within 10 (ten) business days of receipt of the Academic Misconduct Report Form. Students who deny academic misconduct will be granted a hearing by the College Judicial Hearing Board for determination of responsibility.  No sanctions can be imposed until responsibility is determined; however, if extenuating circumstances exist, a temporary grade can be issued by the instructor. See appeal procedures (Section D) for additional information.
   3. Sanctions
      1. The instructor may reduce the student’s grade, including the assignment of a failing grade (F) for all or any portion of the course.
      2. Sanctions may only be imposed after the student has accepted responsibility for the alleged violation of Academic Misconduct, the student has been found responsible by the College Judicial Hearing Board, or if the student is unavailable to respond to the alleged violations.
      3. Based on information presented in the hearing, the College Judicial Hearing Board may determine that a change of grade is warranted or they may determine that the original grade stands. The new grade may be higher than, the same as, or lower than the original grade. The College Judicial Hearing Board may request that the instructor submit a change of grade form. If the instructor is absent or unwilling to submit the change of grade form, then the Chairperson and three board members will sign and submit the change of grade form to the Registrar.
      4. An accused student has the option to stay in the course or drop the course within the approved time period as described in policy ES4554 - Registration Status Procedure . A student who has been found responsible for Academic Misconduct and has received the sanction of a failing grade in the course will not be permitted to withdraw from the course. A student who chooses to withdraw before the outcome of a College Judicial Hearing Board will be permitted to withdraw but will be placed back into the course by the Registrar if he or she is found responsible and the instructor imposes a failing grade for the course.
      5. Violations of the Academic Misconduct policy are also in violation of ES4630 - Student Conduct, Discipline and Appeals Procedure . The Judicial Officer will review Academic Misconduct Reports and may choose to file charges according to ES4630 . Such sanctions may include reprimand, restitution, conduct probation, educational sanctions, suspension or termination of the use of college property, resources, or activities, suspension from the College or certain courses for a specified period, or a recommendation for expulsion from the College.
   4. Appeal Procedures
      1. Students have the right to appeal an alleged violation of Academic Misconduct and/or a sanction they believe is unjust for academic misconduct.
      2. If the student believes they are not responsible for an alleged violation of academic misconduct, they may appeal to the College Judicial Hearing Board by completing an Appeal of Academic Misconduct Allegation Form and submitting it to the Judicial Officer within 10 (ten) business days of receipt of the Academic Misconduct Report Form. Failure to submit an appeal form within the scheduled time period will result in the sanction being imposed. The College Judicial Hearing Board, comprised of five members (two faculty, a student and two staff representatives) will hear all evidence in the case, including witness testimony and documentation and will make a decision about whether the student is responsible or not responsible for a violation of academic misconduct.
      3. If found responsible, the instructor’s sanction will be imposed and the College Judicial Hearing Board has discretion to impose additional sanctions outlined in ES4630 - Student Conduct, Discipline and Appeals Procedure . Details about the College Judicial Hearing Board’s procedures are found in ES4630 . The student may appeal the College Judicial Hearing Board’s decision to the Vice President of Academic Affairs (or designee) using the procedures in ES4630 . A copy of the hearing board’s decision will be mailed to the student by registered mail at the last known address provided to the College by the student.
      4. If the student is not satisfied with the College Judicial Hearing Board’s decision, the student may appeal to the Vice President of Academic Affairs (or designee) within 10 (ten) business days of receiving the decision. The student must complete the Appeal of Academic Misconduct Allegation Form and submit it to the Judicial Officer within 10 (ten) business days of the date the sanction was imposed. The appeal procedures are outlined in ES4630 - Student Conduct, Discipline and Appeals Procedure .
      5. The Judicial Officer will meet with the student to discuss the hearing process and review the student’s rights at the hearing listed in ES4630 - Student Conduct, Discipline and Appeals Procedure .
   5. Disciplinary Records
      1. The Judicial Officer shall maintain a record of academic misconduct and shall notify other areas of the college, as are concerned, with action taken.
      2. Disciplinary actions are part of the education records of the student and consequently are not available for public disclosure or discussion. The College will not disclose information outside the College relating to the student’s disciplinary record, except as allowed by law, if prior written permission from the student has not been received.
      3. If a student is suspended from the College a notation will appear on the student’s transcript indicating that he or she is suspended and the period of suspension.
      4. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic or research, or support staff position (including security personnel and the campus nurse); a person or company with whom the College has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Directors; or a student serving on an official committee, such as the Petition for Policy Waiver Committee, College Review Board or College Judicial Hearing Board, or assisting another school official in performing their tasks. A school official has legitimate educational interest if the official needs to review an educational record in order to fulfill their professional responsibilities. “College officials” include students serving on institutional committees. College officials who have access to student records in the course of performing their professional responsibilities shall not be permitted to release the record to persons outside the College, unless authorized in writing by the student or unless one of the exceptions stated earlier applies.

April 8, 2022 - Added “Academic Misconduct Report” form and “Appeal of Academic Misconduct” form.  Also added “Instructions for Faculty” form.  

May 11, 2022 - Cross-referenced to Policy SA511.

August 2, 2022 - Repaired broken link in Appeal Form.

February 10, 2023 - Revisions made that were submitted by VP, Enrollment Services & Student Success.

Related Form: https://internal.dmacc.edu/student_services/int/Procedures/ES4670%20Final%20-%20Report%20Form.pdf

https://internal.dmacc.edu/student_services/int/Procedures/ES4670%20Final%20-%20Appeal%20Form.pdf

https://internal.dmacc.edu/student_services/int/Procedures/ES4670%20Final%20-%20Instructions%20for%20Faculty.pdf

 
Note: Faculty and Staff Instructions for Completion of Academic Misconduct Report For