Appeal of Disciplinary Action

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Student Appeal of Disciplinary Action

The main objective of any student disciplinary action is to protect members of the campus community from harm due to the indiscretion of those on campus who are unable or unwilling to respect the rights and properties of others.

If the Dean of Student Services elects to impose disciplinary measures, the student will be informed in writing of the nature and terms of such disciplinary action and will be further advised of the right to appeal the decision. A copy of the written notice will be sent by certified mail to the student.

If the Dean of Student Services decides to impose any disciplinary action on a student, the student may appeal that decision using the following procedure.

  1. The student may appeal the decision of the Dean of the Student Services to the Campus Appeals Board through the Provost. The Campus Appeals Board is composed of five (5) voting members (one of which will be appointed as chair) as follows:
    1. Two (2) students selected by the Student Senate;
    2. Two (2) faculty selected by the Faculty Senate; and
    3. One (1) staff selected by the Staff Senate.

      None of the members of the Campus Appeals Board shall have been involved in the matter that forms the basis for the disciplinary action.

      The Provost shall provide such assistance as needed to facilitate the Board process.

  2. The student must deliver a written appeal to the office of the Provost within seven (7) working days of the date that the Dean of Student Services sent the notice of the disciplinary action, or the student will be deemed to have waived the right to appeal the disciplinary decision and the Dean’s decision will be deemed final. The written appeal shall state the reasons that the student believes the decision of the Dean of Student Services should be modified of reversed.

    For the purpose of this procedure, a “working day” shall be a weekday during which regular classes are being held at the college.

  3. Within seven (7) working days of the date that the notice of appeal is received, the chair of the Campus Appeals Board shall notify the student in writing of the time, date, and place of the appeal hearing.

  4. The appeal hearing shall be held not less than seven (7) working days, nor more than (20) working days, after the date that the chair sends notice of the hearing.

  5. The student and the administration shall have the following rights during the hearing:

    1. To hear or read a full report of the testimony of the other party’s witnesses;
    2. To present witnesses in person or to present their testimony by sworn affidavit;
    3. To testify and give reasons supporting their respective positions;
    4. To have the hearing conducted in an orderly manner;
    5. To have the Campus Appeals Board render a fair and impartial decision based upon substantial evidence presented at the hearing.

      The chair of the Campus Appeals Board shall adopt such procedures as he or she may deem appropriate to provide a fair and orderly hearing. The hearing shall not be open to the public.

  6. After the hearing, the Campus Appeals Board shall prepare a written decision affirming, modifying, or reversing the Dean of Student Services’ decision and summarizing the evidence supporting its decision. The Campus Appeals Board’s decision shall be forwarded to the Provost to be mailed to the student and the Dean of Student Services no later than ten (10) working days after the close of the hearing.

  7. If either party is dissatisfied with the decision of the Campus Appeals Board, that decision may be appealed to the Provost by delivering a written notice of appeal to the Provost’s office within seven (7) working days of the date of the Campus Appeals Board’s decision was mailed to the student and the Dean of Student Services. The written notice of appeal to the Provost shall state the reasons that the student or Dean of Student Services believes that the Board’s decision should be modified or reversed. If the student or Dean of Student Services does not deliver a written notice of appeal to the Provost’s office within the time limit, the party(s) will be deemed to have waived the right to appeal and the decision of the Campus Appeals Board will be deemed final.

  8. If either party files the notice of appeal with the Provost, within the time limit, the Provost shall review the matter by reviewing the record of the Campus Appeals Board’s hearing and all written materials submitted as part of the Campus Appeals Board’s hearing. In his/her sole discretion, the Provost may request that the parties submit additional evidence, and if additional evidence is requested, it shall be presented in a manner granting substantially the same procedural rights to both parties as were afforded during the appeal to the Campus Appeals Board. Neither party shall have the right to request that the Provost hear additional evidence. The Provost shall issue a written decision affirming, modifying, or reversing the decision of the Campus Appeals Board within fourteen (14) working days.

  9. If either party is dissatisfied with the decision of the Provost, that decision may be appealed to the College President. Such appeal must be made in writing within seven (7) working days of the day the Provost’s decision was mailed to the student and the Dean of Student Services.

    The President will follow the same procedure utilized by the Provost. The President’s decision shall be rendered within fourteen (14) working days. The President’s decision shall be final.

  10. Unless appealed, any disciplinary action imposed by the Dean of Student Services shall become effective as of the date that the time to file an appeal with the Campus Appeals Board has run out; however, the college reserves the right to exclude from campus any person whom it has reasons to believe poses a threat to the safety of any other person on campus or whom has disrupted college activities or operations. If the student appeals to the Campus Appeals Board, the effective date of any disciplinary action will be the date after the Campus Appeals Board issues its decision or such other date as may be designated by the Campus Appeals Board. An appeal to the Provost or the President shall not alter the effective date of any disciplinary action imposed by the Campus Appeals Board.