St. Mary's College of Maryland

Academic Misconduct: Academic Judicial Board

Requests for a hearing by the Academic Judicial Board:

If the instructor believes that the matter warrants a review before the Academic Judicial Board (AJB), he or she may ask the Associate Dean of Academic Services to request the Academic Judicial Board to schedule a hearing on the matter. The instructor shall send copies of the request to the student and the Associate Dean. The copy going to the student shall be sent either by hand delivery, overnight mail, or certified mail (return receipt requested). The student will also be notified by e-mail with notification that the mail has been delivered and read enabled (see G on p .23 in the To The Point) Handbook.

If, after review of the documentation and any prior records in the student's file, the Associate Dean believes that the matter warrants a review before the Academic Judicial Board, he or she may also request the Academic Judicial Board to schedule a hearing. The Associate Dean shall send copies of the request to the student and the instructor. The copy going to the student shall be sent either by hand delivery, overnight mail, or certified mail (return receipt requested). The student will be notified by e-mail with notification that the mail has been delivered and read-enabled (see G on p . 23).

Appeal by the student:

The student may appeal in writing an instructor's process for decision of guilt or in-class penalty to the Associate Dean, who shall schedule a hearing on the appeal before the AJB. The student has ten days from the date the penalty letter was sent to make the appeal. The appeal must be sent either by hand delivery, overnight mail, or certified mail (return receipt requested). The student will also be notified by e-mail with notification that the mail has been delivered and read-enabled (see G on p . 23). Possible outcomes of such an appeal are outlined in section 4 .5 below.

The board shall then rule on the student's innocence or guilt of academic misconduct if the instructor's ruling was appealed by the student. All deliberations by the AJB shall be made in private, with only members of the AJB present, and their counsel, if any. All decisions of the AJB are made by a majority vote of those voting, with all members, including the hearing officer, eligible to vote. If a student is found not guilty of a charge of academic misconduct, he or she may not be tried again for the same instance of misconduct. If a student is found not guilty of academic misconduct, the AJB may recommend that the instructor remove any penalty that has been imposed. Because there may still be a dispute over the student's grade or class standing, the AJB shall recommend a course of action for the instructor to take concerning the student. The recommendation shall be made in consultation with both the student and the instructor. The VPAA/Dean of Faculty of the college shall arbitrate any disputes that cannot be resolved in this manner.

If a student is found guilty of academic misconduct, mitigating circumstances may be taken into account when recommending a penalty. It is, however, the student's responsibility to know the policies and definitions regarding academic misconduct. If appropriate, the AJB shall then recommend an alternate academic penalty to the VPAA, who plays the final decision-making role. The AJB may interview the student to learn of any possible mitigating circumstances before recommending any penalty. If the case was referred to the AJB at the request of the instructor or the Associate Dean, or if the student appeals her/his guilt and is found guilty, the penalty may range from simply upholding any penalty given by the instructor to expulsion from the College. In this case, the board may not recommend a penalty lighter than any imposed by the instructor. If the case was referred to the AJB because of an appeal of an in-class penalty by the student, the board may recommend that the faculty member consider a lesser penalty if deemed appropriate.