I. Purpose
本学术不端行为上诉程序(“上诉程序”)是为了执行最全菠菜网院(“学院”)董事会的学术诚信政策(“政策”)而制定的。.
II. Scope and Applicability
A. 本上诉程序适用于经聆讯委员会根据学术不端行为聆讯程序认定对学术不端行为负有责任的答辩人.
B. This Appeal Procedure does not apply to a Respondent who has admitted responsibility for allegations of Academic Misconduct; rather, the Sanction Review process set forth in the Resolving Academic Misconduct Allegations Procedure applies.
C. This Appeal Procedure does not apply to non-academic misconduct or student grievances.
III. Definitions
A. 本程序中所有大写术语的含义与政策或解决学术不端指控程序中规定的含义相同.
B. All other capitalized terms in this Procedure have the following meanings:
1. Appeal Decision Form is the Appeal Officer’s determination of whether to affirm, modify, or reverse the Decision and if the Appeal Officer decides that new evidence should be considered, sending the matter for a new Hearing.
2. Appeal Documents include the Petition Form, the Petition Response Form, the Reply Form, and the Appeal Decision Form.
3. Appeal Officer is the individual appointed to decide an appeal of a Decision and/or Sanction(s).
4. Petition Form is the Respondent’s written application to appeal.
5. Petition Response Form is the College Representative’s written answer to the appeal.
6. Reply Form is the Respondent’s written answer to the information in the Petition Response Form.
7. VPL is the Provost/Vice President of Learning.
IV. Petition
A. 被投诉人可以在决定发送给被投诉人后的五(5)个工作日内，通过向协调员或指定人员和学院代表提交请愿书，对决定提出上诉.
B. If the Petition Form is not received by the Deadline, the Decision will become final and will not be subject to review, unless good cause is shown.
C. Grounds for Appeal
1. Dissatisfaction with the Decision and/or Disciplinary Sanctions is not a valid basis for appeal.
2. The grounds for appeal are limited to the following:
a. 在最初听证会时无法合理获得的新的或重要的信息，可能导致不同的决定和/或纪律处分(“发现新证据”);
b. 在调查和决定通知书内的指控时所采用的政策及/或程序有实质性偏差，导致作出不同的决定及/或纪律处分;
c. Insufficiency of evidence that did not meet the Preponderance of the Evidence burden of proof; and/or
d. Disproportionate Disciplinary Sanction(s).
D. The appeal is an “on-the-record” appeal, 这意味着只会考虑上诉文件中提出的论点和聆讯期间提供的资料和证据, unless appealed on the ground of Discovery of New Evidence.
E. Petition Form
1. The Respondent’s Petition Form must include a concise and complete written statement, stating the ground(s) for Petition, the evidence presented during the Hearing that supports the appeal, the reasons for the appeal, and the Respondent’s desired outcome.
2. The Respondent may not include any information or evidence that was not presented at the Hearing, unless the basis for the appeal is Discovery of New Evidence, in which case, 答辩人必须将该等资料或证据的副本作为证据附在请愿书表格上，并说明在聆讯时答辩人无法获得该等资料或证据的原因.
3. The Petition Form must not exceed five (5) double-spaced pages using 12-point font and one (1) inch margins, except for any exhibits.
V. Petition Response Form
A. 学院代表可以在申请表格发送给学院代表后的七(7)个工作日内，通过向协调员或指定人员和答辩人提交申请回复表格，以书面形式回应申请表格.
B. The College Representative’s Petition Response Form shall include a concise and complete written statement, including the College’s position with regard to the Respondent’s appeal, the evidence presented during the Hearing that supports the opposition to the appeal, the reasons for the opposition to the appeal, and the College’s desired outcome.
C. 请愿回应表格不得超过五(5)页，双倍行距，使用12号字体和一(1)英寸的页边距, except for any exhibits.
D. If a Petition Response Form is not submitted within the Deadline, the Response will not be considered on appeal, unless good cause is shown.
VI. Reply Form
A. If a Petition Response Form is submitted, 被投诉人可以在请愿书回复表发送给被投诉人后的五(5)个工作日内，通过向协调员或指定人员和学院代表提交回复表，以书面形式回复请愿书回复表.
B. The Respondent’s Reply Form shall include a concise and complete written statement, responding to the information in the Petition Response Form and the reasons that the appeal should be granted.
C. The Reply Form must not exceed three (3) double-spaced pages using 12-point font and one (1) inch margins, except for any exhibits.
D. If a Reply is not submitted within the Deadline, the Reply will not be considered on appeal, unless good cause is shown.
VII. Appeal Officer
A. The Appeal Officer will be the VPL or designee.
1. VPL可以任命学院员工或非学院雇用的第三方担任上诉专员.
2. If the VPL designates another individual to serve as the Appeal Officer, the VPL will provide written notice of the name of the individual designated to the Respondent, the College Representative, and the Coordinator or designee.
B. Objection to the Appeal Officer
1. If the Respondent objects to the Appeal Officer based on a perception of bias against the Respondent, 被投诉人可在收到上诉官通知后的五(5)个工作日内，以书面形式向协调员或指定人员提出异议, including the reason(s) the Respondent believes the Appeal Officer is biased.
2. 对指控或事实的了解，或先前对不当行为的指控，并不足以证明上诉专员有偏见.
a. 上诉专员可在适当情况下回避上诉，VPL将指定另一名上诉专员. If the VPL recuses themselves, the College President will serve as the Appeal Officer.
b. 如果上诉官员是被投诉人目前或以前就读的班级的教员，上诉官员可能不会考虑上诉.
3. 反对意见将由学院院长进行评估，他将确定是否有足够的信息表明存在偏见，或者上诉专员可能无法公正地考虑指控，如果是这样的话, shall appoint another Appeal Officer.
4. 学院院长对上诉官的反对意见为最终决定，不得上诉或申诉.
VIII. Preliminary Review
A. Upon receipt of the Appeal Documents, the Appeal Officer will first consider whether there are grounds for dismissal, including:
1. Whether the Petition Form was filed in a timely manner;
2. Whether the Petition Form is based on one or more of the permitted grounds;
3. Whether the Decision included Disciplinary Sanctions that are subject to appeal; and
4. Whether the Petition Form meets the format specified in this Appeal Procedure.
B. If the Respondent submitted a Petition Form after the Deadline, 上诉官将不经考虑而驳回请愿书，除非被投诉人能提出充分理由说明未能在截止日期前完成申请.
1. If a Petition Form is submitted after the Deadline, the Respondent must provide a written justification to the Appeal Officer for failing to comply with the Deadline.
2. If the Appeal Officer determines that the Respondent has shown good cause for missing the Deadline, the Appeal Officer will notify the Respondent, the College Representative, and the Coordinator or designee in writing that the Petition Form will be considered.
C. If the Appeal Officer determines that another ground for dismissal applies, the Appeal Officer may dismiss the Petition without further consideration and will notify the Respondent, the College Representative, and the Coordinator or designee of the dismissal in writing.
D. If the Petition is not dismissed, the Coordinator or designee will send the Decision and the Record to the Appeal Officer for consideration.
E. If the Petition Response Form or Reply Form is submitted after the Deadline, 学院代表或答辩人必须向上诉官员提供未能遵守截止日期的书面理由.
1. 如果上诉官确定学院代表或答辩人有充分理由错过截止日期, the Appeal Officer will notify the Respondent, the College Representative, 以书面通知行政助理或其指定人员，将会考虑呈请回应表格或回复表格.
2. If the Respondent did not submit a Reply Form because the Petition Response Form was not submitted timely, the Appeal Officer will provide the Respondent with five (5) Business Days to submit a Reply Form, if one was not submitted.
II. Appeal Decision
A. The burden of proof on appeal lies with the Respondent, as the appealing party.
B. Upon consideration of the Decision, Appeal Documents, and the Record, 上诉主任将填写上诉决定表格，就上诉作出书面决定，并予以确认, modify, or reverse the Decision.
C. For an appeal on the ground of Discovery of New Evidence, 上诉主任可将决定发回原聆讯委员会，重新聆讯及考虑新的证据.
D. The Appeal Officer will send the Appeal Decision to the Coordinator or designee, the Respondent, the College Representative, the Faculty Member, 在将决定和记录发送给上诉官员之日起的十五(15)个工作日内，通过其学院指定的电子邮件地址向听证委员会提出申诉.
E. The Appeal Decision will be placed in the Respondent’s disciplinary record.
1. If the Decision is modified or reversed, the appropriate office(s) will be notified of the Appeal Decision and any changes the Sanction(s).
2. If necessary, the appropriate office(s) will remove any holds or placeholders on the Respondent’s account.
F. An Appeal Decision is final, unless the Decision is sent back to the Hearing Board for a new Hearing.
G. 此上诉程序构成唯一的上诉权利，不能根据任何其他学院政策或程序进行申诉.
Procedure Title: Procedures for Academic Misconduct Appeals
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