V.F. Student Discipline for Academic Misconduct Procedures
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Section V.F.: Student Discipline for Academic Misconduct Procedures
These procedures supplement and clarify Section V.F. of the Lone Star College System
District Policy Manual (“Policy Manual”) last revised by the Board of Trustees on February
2, 2017setting out the College’s policies regarding student discipline for academic
misconduct. These procedures are meant to be read in conjunction with Section V.F. of the
Policy Manual, and the Policy Manual controls when a conflict arises between it and the
procedures below. All terms defined in Section V.F. of the Policy Manual shall also be defined
terms for purposes of these procedures. These procedures were last updated on January 17,
2019. The notice and comment period was open to the public online from September 18,
2018 to October 18, 2018. Forms V.F.1. through V.F.4. referenced herein are included in the
appendix to these procedures.
1. Scope of Procedures. The procedures below are intended to apply to all discipline of
College students for academic misconduct covered in Section V.F. of the Policy Manual. These
procedures are not intended to apply to sexual harassment, sexual assault, sexual violence,
or sexual discrimination committed by studentsthese types of misconduct are handled
under separate policies and procedures. Nor are these procedures intended to apply to non-
academic misconduct, which is handled under separate policies and procedures. Academic
misconduct can occur on campus, off campus, and online.
2. Designation of CAO. Every college president must designate a vice president to serve
as Chief Academic Officer (“CAO”) for that college and for the centers under that college’s
supervision. Each college president shall inform the Vice Chancellor for Academic Success
and the General Counsel whenever the CAO’s identity changes. The Office of the General
Counsel shall keep the current list of CAOs. Each CAO has primary responsibility for student
discipline for academic misconduct occurring on, or having harmful effects on, the premises
of the CAO’s college and centers under that college’s supervision. This includes responsibility
for academic misconduct by LSC-Online students whose home campus is the CAO’s college.
3. Designation and Rotation of Academic Integrity Review Committees. Each
college president shall designate five faculty members, five staff members, and five students
to serve in the college’s Academic Integrity Review Committee (“AIRC” or “Committee”) pool
to review suspensions and expulsions imposed by other colleges for academic misconduct.
Each AIRC from that college shall consist of three of the designated faculty and/or staff
members (including at least one staff member and one faculty member) and two of the
designated students. When a college president receives notice that its AIRC is needed for a
hearing, the college president or designee shall email three of the faculty and/or staff and
two of the students from the AIRC pool and require them to serve as the AIRC for the hearing.
If any of the contacted individuals legitimately cannot participate because of a conflict of
interest or an important scheduling conflict, the college president or designee shall contact
as many of the other designated individuals as necessary to create a full AIRC. Designated
individuals may not be compelled to serve on any particular AIRC, but the college president
may designate additional faculty and/or staff members and students as potential AIRC
members if needed. The college president shall select one of the Committee’s faculty or staff
members to serve as the Chair for the scheduled hearing. The Committee may not review
V.F. Student Discipline for Academic Misconduct Procedures
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suspensions and expulsions imposed by their home college’s CAO. When an AIRC hearing is
required under these procedures, the CAO shall contact the Office of the General Counsel to
ask which college’s AIRC is next in the rotation. The colleges shall rotate responsibility to
provide an AIRC in this order:
1. Lone Star College–North Harris
2. Lone Star College–Kingwood
3. Lone Star College–Tomball
4. Lone Star College–Montgomery
5. Lone Star College–Cy-Fair
6. Lone Star College–University Park
7. Lone Star College–Houston North.
4. Reports of Academic Misconduct. When an instance of academic misconduct is
serious, or when minor academic misconduct cannot be resolved informally, anyone with
knowledge of a College student’s academic misconduct may report it to the appropriate
Dean, Director, and/or CAO. Reports must be submitted in writing. Reporters may use Form
V.F.1. or any other written format that substantially conveys the same information as a
completed Form V.F.1. If a Form V.F.1. is submitted to a College employee who is not the
appropriate CAO, that employee shall promptly forward the report to the appropriate CAO.
5. Effective Notice. Unless otherwise specified, any document under these procedures
may be delivered in person, by emailing the document to the recipient’s designated College
email address, or by mailing the document to the recipient’s mailing address on file with the
College. All members of the College community must keep current and regularly monitor
their designated College email addresses. For purposes of these procedures, working days
end at 5:00 p.m. central time. Working days includes all days other than Saturdays, Sundays,
and all days the College is closed according to its official academic calendar or at the direction
of the Chancellor or designee. In calculating deadlines under these procedures, the working
day on which an event occurs is “day zero,” and the following working day is “day one. If an
event occurs on a day which is not a working day, then the next working day is “day zero.”
Any deadlines under these procedures may be extended with the recipient’s written consent.
6. Investigation. After receiving a report of academic misconduct, a CAO shall
investigate whether any students have committed academic misconduct. The CAO may
delegate investigative duties to other administrative officials, but investigative duties may
not be sub-delegated. Investigative duties may include, but are not limited to, some or all of
the following:
Reviewing the report of academic misconduct;
Interviewing any person with first-hand knowledge of facts related to the reported
academic misconduct, including the student and the student’s instructor;
V.F. Student Discipline for Academic Misconduct Procedures
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Reviewing any available evidence of the reported academic misconduct, including
correspondence, documentation, police reports, photographs, physical evidence, and
any other available evidence; and
Gathering any facts relevant to the reported academic misconduct.
The time and energy dedicated to investigations of academic misconduct should be
appropriate to the seriousness of the alleged misconduct and the degree of difficulty in
determining the facts of the reported incident(s). Investigations have no minimum length;
for example, misconduct witnessed personally by the CAO may require virtually no
additional investigation. Each investigation must conclude within ten working days of when
the CAO receives the report of academic misconduct. The concluding step in each
investigation is for the CAO to memorialize his or her decision as to whether academic
misconduct occurred, and if so, the appropriate penalty for the misconduct. All such
decisions are written and dated. If the CAO determines that academic misconduct occurred,
the CAO must send the decision to the student (“Respondent”) and the student’s instructor.
7. Expulsion or Suspension Sanctions. If the decision imposes suspension or
expulsion, the decision shall be accompanied by Section V.F. of the Policy Manual, these
procedures and forms, and the following statement:
“A hearing before the Academic Integrity Review Committee to review this
decision will be held at [time] on [date] at [location]. If you have a conflict with
this hearing, please inform me within five working days so that we may
reschedule the hearing.”
A decision imposing suspension or expulsion must be sent to the CAO’s college president at
the same time it is sent to the Respondent. A suspension or expulsion usually may not take
effect until a decision is final.
8. Academic Integrity Review Committee Hearing. The CAO shall schedule an AIRC
hearing to take place within 15 working days after the date of the decision and shall send at
least seven working days’ noticeand more if possibleto the Respondent, to the college
president over the college to provide the committee for the hearing, to the CAO’s college
president, and to the Office of the General Counsel. Form V.F.2. should generally be used for
these notices, but another written communication containing equivalent information may be
used instead of Form V.F.2. A joint hearing may be scheduled for Respondents initially found
to have participated in the same incident(s) of academic misconduct, and references in this
Section V.F.2. to one Respondent shall also refer to multiple Respondents if applicable.
AIRC hearings shall take place at the Committee’s college in a room chosen by the Committee
Chair. If possible, a hearing should last no more than one day, but a hearing may continue
onto a subsequent day if the Committee deems it necessary. All participants in the hearing
should strive to arrive at the hearing at least 15 minutes early. All hearing participants
should attend in person, but in extraordinary circumstances the Committee Chair may
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approve telephonic participation by a witness with a disability or emergency. The College
does not reimburse travel expenses related to participation in an AIRC hearing.
The Respondent may personally appear at the hearing, but if a Respondent elects not to
appear, he or she must appear through a representative who may be an attorney. The College
will appear through the CAO who reached the decision at issue in the hearing, and an
attorney from the Office of the General Counsel may also appear on behalf of the College.
Failure to appear, either personally or through a representative, will not prevent the
Academic Discipline Chair from convening and conducting the hearing. At least four
members of the Committee must be present at all times during the hearing. A member of the
Lone Star College Police Department shall also be present during the hearing.
The Committee Chair shall preside over, conduct, and adjourn the hearing. After convening
the hearing and asking whether the College and the Respondent are present, the Chair shall
read aloud the following paragraph, which governs the hearing’s procedure:
“We are here to determine whether [Respondent] engaged in academic misconduct
and should be [suspended/expelled] from the College. The College has initially
determined that [Respondent] engaged in the following academic misconduct: [Read
Decision and Investigation Narrative from Form V.F.2.]. During the hearing, a party
may speak personally or have a representative speak for the party. A party’s
representative may bebut need not bean attorney. At each stage of this hearing,
the College will go first. Each party will have an opportunity to give an opening
statement, then each party will have an opportunity to present its case, then each
party will have an opportunity to give a closing statement. Any party may present
witnesses or evidence while presenting its case. The Texas and Federal Rules of
Evidence will not apply to the hearing. [Respondent] may not be questioned during
the hearing unless [Respondent] testifies as a witness during the presentation of
[Respondent’s] case. [Respondent] is not obligated to present a case. Any party may
question another party’s witnesses unless a legally recognized exception to this right
exists. Any member of this Committee may question any witness. All evidence,
questions, and statements should be relevant to the conduct at issue in this hearing.
The Chair determines whether something is relevant. The Chair will manage time to
ensure that each party has sufficient time to present its case. After closing statements,
this hearing will end and the Committee will deliberate and reach a decision based on
the evidence presented. The Committee Chair will provide the Committee’s decision
to Respondent within seven working days after this hearing ends.”
9. Committee Decision. After the hearing, the Committee shall dismiss the parties and
consider the evidence and statements presented. The Committee shall evaluate whether
academic misconduct occurred on a more-likely-than-not standard; that is, if at least three
members of the Committee believe that the evidence shows that the Respondent probably
engaged in academic misconduct, then it shall find that the Respondent did engage in such
academic misconduct, and vice-versa. If the Committee finds that a student did not commit
academic misconduct, it shall recommend rejecting the suspension or expulsion imposed by
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V.F. Student Discipline for Academic Misconduct Procedures
the CAO. If the Committee finds that a student did commit academic misconduct, then it
may recommend adopting or rejecting the suspension or expulsion imposed by the CAO.
The Committee shall memorialize its decision using Form V.F.3., which shall be signed by
all members of the Committee who agree with the Committee's decision. Within five
working days after the hearing ends, the Committee Chair shall email the Committee's
decision directly to the Chancellor and to the Office of the General Counsel.
10.
Chancellor Decision.
The Chancellor reviews the Committee's decision and
makes the final decision, which is not appealable. Before deciding a matter, the
Chancellor may choose to discuss this matter with the CAO, the Respondent, or anyone
else related to the matter. Within 15 working days of receiving the decision, the
Chancellor will send his or her final decision regarding suspension or expulsion for
academic misconduct to the Office of the General Counsel, which will distribute it
simultaneously to the Respondent, to the relevant CAO, and to the CAO's college
president. A copy of the Chancellor's decision will be included in the Respondent's
College file.
11.
Periods of Disruption.
A suspension or expulsion usually may not take effect
until a decision is final. A decision is not final until the opportunity for the Respondent to
appeal has passed without an appeal or after all appeals have been exhausted. However,
during periods of disruption, the procedures in Chapter 51, Subchapter E-1 of the Texas
Education Code apply. A college president is the chief administrative officer under
Subchapter E-1. Subchapter E-1 is reproduced in the appendix to these procedures.
12.
Agreed Discipline.
The College and a Respondent may agree at any time to
impose certain sanctions if the Respondent admits having engaged in academic
misconduct. Any such agreement shall use Form V.F.4. or a substantially similar signed,
written document.
13.
Non-Retaliation.
The College, including each of its employees and students, shall
not retaliate against any person or entity who participates in an investigation or hearing
under these procedures. Similarly, anyone reporting academic misconduct submitted in
good faith may not be retaliated against by any member of the College community;
however, anyone making frivolous reports of academic misconduct will be disciplined,
up to and including discharge of employment for an employee or expulsion for a student.
Any person who experiences retaliation prohibited by these procedures is strongly
encouraged to report the retaliation to the CAO. If the CAO engages in retaliation, such
retaliation may be reported to the college president or Vice Chancellor with
administrative authority over those individuals.
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V.F. Student Discipline for Academic Misconduct Procedures
February 7, 2019
APPENDIX & FORMS
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Texas Education Code, Chapter 51
Subchapter E-1. Maintaining Campus Order During Periods of Disruption
Sec. 51.231. Definition of Periods of Disruption.
For purposes of this subchapter a period of disruption is any period in which it reasonably
appears that there is a threat of destruction to institutional property, injury to human life
on the campus or facility, or a threat of willful disruption of the orderly operation of the
campus or facility.
Sec. 51.232. Identification of Persons on Campus.
(a) During periods of disruption, as determined by the chief administrative officer of a
state-supported institution of higher education, the chief administrative officer, or an
officer or employee of the institution designated by him to maintain order on the campus
or facility of the institution, may require that any person on the campus or facility present
evidence of his identification, or if the person is a student or employee of the institution,
his student or employee official institutional identification card, or other evidence of his
relationship with the institution.
(b) If any person refuses or fails upon request to present evidence of his identification, or
if the person is a student or employee of the institution, his student or employee official
identification card, or other evidence of his relationship with the institution, and if it
reasonably appears that the person has no legitimate reason to be on the campus or facility,
the person may be ejected from the campus or facility.
Sec. 51.233. Withdrawal of Consent to Remain on Campus.
(a) During periods of disruption, the chief administrative officer of a campus or other
facility of a state-supported institution of higher education, or an officer or employee of the
institution designated by him to maintain order on the campus or facility, may notify a
person that consent to remain on the campus or facility under the control of the chief
administrative officer has been withdrawn whenever there is reasonable cause to believe
that the person has willfully disrupted the orderly operation of the campus or facility and
that his presence on the campus or facility will constitute a substantial and material threat
to the orderly operation of the campus or facility.
(b) In no case shall consent be withdrawn for longer than 14 days from the date on which
consent was initially withdrawn.
(c) Notification shall be in accordance with procedures set out in Section 51.234 of this
code.
Sec. 51.234. Notice of Withdrawal of Consent.
When the chief administrative officer of a campus or other facility of a state-supported
institution of higher education, or an officer or employee of the institution designated by
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him to maintain order on the campus or facility, decides to withdraw consent for any
person to remain on the campus or facility, he shall notify that person in writing that
consent to remain is withdrawn. The written notice must contain all of the following:
(1) that consent to remain on the campus has been withdrawn and the number of days for
which consent has been withdrawn, not to exceed 14;
(2) the name and job title of the person withdrawing consent, along with an address where
the person withdrawing consent can be contacted during regular working hours;
(3) a brief statement of the activity or activities resulting in the withdrawal of consent;
and
(4) notification that the person from whom consent has been withdrawn is entitled to a
hearing on the withdrawal not later than three days from the date of receipt by the chief
administrative officer of a request for a hearing.
Sec. 51.235. Report to Chief Administrative Officer.
Whenever consent is withdrawn by any authorized officer or employee other than the chief
administrative officer, the officer or employee shall submit a written report to the chief
administrative officer within 24 hours, unless the authorized officer or employee has
reinstated consent for the person to remain on the campus. The report must contain all of
the following:
(1) the description of the person from whom consent was withdrawn, including, if
available, the person's name, address, and phone number; and
(2) a statement of the facts giving rise to the withdrawal of consent.
Sec. 51.236. Confirmation of Withdrawal of Consent.
(a) If the chief administrative officer or, in his absence, a person designated by him for this
purpose, upon reviewing the written report described in Section 51.235, finds that there
was reasonable cause to believe that the person has willfully disrupted the orderly
operation of the campus or facility, and that his presence on the campus or facility will
constitute a substantial and material threat to the orderly operation of the campus or
facility, he may enter written confirmation upon the report of the action taken by the officer
or employee.
(b) If the chief administrative officer, or in his absence, the person designated by him, does
not confirm the action of the officer or employee within 24 hours after the time that consent
was withdrawn, the action of the officer or employee shall be deemed void and of no force
or effect, except that any arrest made during the period shall not for this reason be deemed
not to have been made for probable cause.
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Sec. 51.237. Request for Hearing.
(a) A person from whom consent has been withdrawn may submit a written request for a
hearing on the withdrawal to the chief administrative officer within the 14-day period. The
written request must state the address to which notice of hearing is to be sent. The chief
administrative officer shall grant a hearing not later than three days from the date of
receipt of the request and shall immediately mail a written notice of the time, place, and
date of the hearing to the person.
(b) The hearing shall be held before a duly designated discipline committee or authorized
hearing officer of the institution in accordance with Section 51.243. In no instance shall the
person issuing the withdrawal notice or causing it to be issued serve on any committee
where the validity of his order of withdrawal is in question.
Sec. 51.238. Reinstatement of Consent to Remain on Campus.
The chief administrative officer shall reinstate consent whenever he has reason to believe
that the presence of the person from whom consent was withdrawn will not constitute a
substantial and material threat to the orderly operation of the campus or facility.
Sec. 51.239. Entering or Remaining on Campus after Withdrawal of Consent.
(a) Any person who has been notified by the chief administrative officer of a campus or
facility of a state-supported institution of higher education, or by an officer or employee
designated by the chief administrative officer to maintain order on the campus or facility,
that consent to remain on the campus or facility has been withdrawn pursuant to Section
51.233, who has not had consent reinstated, and who willfully and knowingly enters or
remains upon the campus or facility during the period for which consent has been
withdrawn, is guilty of a misdemeanor, and is subject to punishment as set out in Section
51.244.
(b) This section does not apply to any person who enters or remains on the campus or
facility for the sole purpose of applying to the chief administrative officer or authorized
officer or employee for the reinstatement of consent or for the sole purpose of attending a
hearing on the withdrawal.
Sec. 51.240. Authority to Suspend, Dismiss, or Expel Students or Employees Not Affected.
This subchapter does not affect the power of the duly constituted authorities of a state-
supported institution of higher education to suspend, dismiss, or expel any student or
employee at the university or college.
Sec. 51.241. Students and Employees Barred from Campus after Suspension or Dismissal.
(a) Every student or employee who has been suspended or dismissed from a state-
supported institution of higher education after a hearing, in accordance with procedures
established by the institution, for disrupting the orderly operation of the campus or facility
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of the institution, as a condition of the suspension or dismissal, may be denied access to the
campus or facility, or both, of the institution for the period of suspension, and in the case
of dismissal, for a period not to exceed one year.
(b) A person who has been notified by personal service of the suspension or dismissal and
condition and who willfully and knowingly enters upon the campus or facility of the
institution to which he has been denied access, without the express written permission of
the chief administrative officer of the campus or facility, is guilty of a misdemeanor and is
subject to punishment as set out in Section 51.244.
(c) Knowledge shall be presumed if personal service has been given as prescribed in
Subsection (b) of this section.
Sec. 51.242. Refusing or Failing to Leave Building Closed to Public.
No person may refuse or fail to leave a building under the control and management of a
public agency, including a state-supported institution of higher education, during those
hours of the day or night when the building is regularly closed to the public, upon being
requested to do so by a guard, watchman, or other employee of a public agency, including
a state-supported institution of higher education, controlling and managing the building or
property, if the surrounding circumstances are such as to indicate to a reasonable person
that the individual or individuals have no apparent lawful business to pursue.
Sec. 51.243. Required Hearing Procedures.
A person from whom consent to remain on the campus of a state-supported institution of
higher education has been withdrawn in accordance with Section 51.233 is entitled, in
addition to the procedures set out in Section 51.234, to the following:
(1) to be represented by counsel;
(2) to the right to call and examine witnesses and to cross-examine adverse witnesses;
(3) to have all matters upon which the decision may be based introduced into evidence at
the hearing in his presence;
(4) to have the decision based solely on the evidence presented at the hearing;
(5) to prohibit the introduction of statements made against him unless he has been advised
of their content and the names of the persons who made them, and has been given the
opportunity to rebut unfavorable inferences that might otherwise be drawn; and
(6) to have all findings made at the hearing be final, subject only to his right to appeal to
the president and the governing board of the institution.
Sec. 51.244. Penalties.
A person who violates Section 51.239, 51.241, or 51.242 of this code is guilty of a
misdemeanor and upon conviction is subject to a fine of not more than $500 or
imprisonment in the county jail for not more than six months, or both.
V.F. Student Discipline for Academic Misconduct Forms
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Form V.F.1.:
Academic Misconduct Report
Any individual may use this form to report student academic misconduct. This form should
be submitted to the appropriate Chief Academic Officer (CAO).
Lone Star College strives to uphold the academic core values of learning. Students are subject
to academic discipline for academic misconduct and Academic Code of Conduct violations.
Please describe, in as much detail as possible, how the student’s actions violated the
Academic Code of Conduct, circumstances, and existing evidence of the misconduct,
including names, dates, times, and places. Instructors submitting this report should also
include how the grade was affected and any academic actions taken. List the name of any
person (and contact information, if available) who may have additional facts regarding the
misconduct. Attach additional sheets as necessary.
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I understand that any statement I make on this Form V.F.1 which is false, misleading, or not
made in good faith may be grounds for discipline.
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Printed Name Signature Date
For CAO Use Only Date Received:
Receiving CAO:
Printed Name Signature
V.F. Student Discipline for Academic Misconduct Forms
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Form V.F.2.: Notice of Academic
Integrity Review Committee (AIRC) Hearing
Chief Academic Officers should use this form to provide notice of the AIRC Hearing to his or
her college president, the Respondent, the AIRC’s college president, and the Office of the
General Counsel. This notice should provide at least seven working days’ notice before the
hearing date and should be accompanied by Section V.F. policy and procedures.
Respondent Information
Name:
Email:
LSC ID No.:
LSC college:
Academic misconduct: _
_
CAO Decision
I find that the Respondent engaged in academic misconduct and the appropriate sanction is
suspension or expulsion. This decision represents my best judgment following
a sufficient investigation into the reported academic misconduct.
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CAO Printed Name CAO Signature Date
A hearing before the Academic Integrity Review Committee to review this decision will
be held at [time] on [date] at the
following location: _.
If you have a conflict with this hearing, please inform me within five working days so
that we may reschedule the hearing.
Investigation Narrative
Summarize the investigation into the reported academic misconduct. Attach additional
sheets as necessary. Attach copies of related Forms V.F.1. and other related written reports.
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V.F. Student Discipline for Academic Misconduct Forms
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V.F. Student Discipline for Academic Misconduct Forms
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Form V.F.3.: Academic Integrity
Review Committee (AIRC) Decision
The AIRC should use this form to record their decision according to Section V.F. of the Policy
Manual and the procedures adopted thereunder. This decision must be signed by at least
three members of the AIRC who attended the hearing. The Chief Academic Officer’s decision
that preceded the hearing and the notice should be attached to this form. This form along
with its attachments must be sent to the Chancellor and the Office of the General Counsel
within five working days after the hearing ends.
Decision
Based on the evidence presented at the hearing and using a more-likely-than-not standard,
we find that (Respondent) did or did not engage in
the following academic misconduct: _ _
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Recommended Sanction (if applicable)
We recommend that Respondent receive the following sanction for academic misconduct:
Expulsion; Suspension for up to weeks from college(s) or
all colleges, including centers, workforce, and online courses; or
Other sanction: __
_
This decision represents our best judgment regarding the subject matter of the hearing.
Printed Name Signature Date
Printed Name Signature Date
Printed Name Signature Date
Printed Name Signature Date
Printed Name
Signature
Date
V.F. Student Discipline for Academic Misconduct Forms
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Form V.F.4.: Discipline Agreement
At any time, the College and Respondent may agree to impose certain sanctions if the
Respondent admits having engaged in academic misconduct.
Respondent’s Admission
I unconditionally admit to having engaged in the following academic misconduct:
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Printed Name LSC ID No. Signature Date
Chief Academic Officer’s Judgment
I impose the following sanction on the student for the admitted academic misconduct:
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The imposed sanction represents my best judgment of what is an appropriate sanction,
considering all applicable facts and circumstances.
Printed Name Signature Date