Section VIII. Appeals of Student Conduct Actions
A. Right of Appeal. Only the student found responsible for a conduct violation has the right of appeal, except in disciplinary cases involving sexual misconduct, hazing or "crimes of violence." In such cases, the reporting party also has the right to appeal the outcome of a conduct proceeding.
and Form of Appeal
1. Appeals by the charged party must be submitted to the Dean of Students within five working days following written notification of the decision.
2. A reporting party who wishes to appeal a conduct action of alleged hazing, sexual misconduct, or a "crime of violence" must submit a written appeal to the Dean of Students within five working days following written notification of the decision.
3. All appeals must be in writing and must clearly cite the grounds for the appeal and the evidence supporting it.C. Grounds for Appeal
1. A charged party may appeal Administrative Resolutions only on the ground of an excessive or inappropriate sanction.
2. Students may appeal Administrative or Committee Hearings on the following grounds:
a. Procedural irregularity severe enough to have denied the student a fair hearing. Procedural deviations will not be sufficient to sustain an appeal unless they are found to be severe enough to have denied the student a fair hearing.
b. Discrimination in the hearing on a basis prohibited by College Policy which caused an unfair hearing.
c. Lack of sufficient evidence to support the decision.
d. New material evidence that is not merely corroborative or repetitive, unknown by the student at the time of the hearing and pertinent to the case.
e. An excessive or inappropriate sanction.
3. Notice to Reporting Party: a reporting party reporting a "crime of violence," hazing, or sexual misconduct will receive prompt notice from the Dean of Students or designee of any appeal received by the charged party.
4. Appeals by the Reporting Party.
a. A party alleging a "crime of violence," hazing, or sexual misconduct may appeal a sanction(s) on one or more of the following four grounds. The reporting party may appeal a "not responsible" finding on any of the first three grounds.
i. Procedural irregularity severe enough to have caused an unfair hearing. Procedural or technical deviations will not be sufficient to sustain an appeal unless found to have denied the reporting party a fair hearing.
ii. Discrimination on a basis prohibited by College policy which caused an unfair hearing.
iii. New material evidence which is not merely corroborative or repetitive, unknown to the reporting party at the time of the hearing and pertinent to the case.
iv. A sanction which is too lenient or inappropriate. (This ground is not available if the student was found "not responsible.")
b. In preparation for a possible appeal, the reporting party may review the case file in the presence of the Dean of Students or designee.
D. Procedures for Appeal by Charged Party
1. Appellate Review Bodies
a. Appeals for cases in which the primary sanction issued is Probation with Loss of Privileges, Suspension, or Dismissal are considered by the Appeals Committee.
i. "Upon receipt of a timely appeal," the Vice President for Student Affairs will convene a committee comprised of four members of the Appeals Committee, one administrator, one faculty member, and two students (from the academic unit of the charged party), to hear the appeal.
b. All other appeals are considered by the Dean of Students.
2. Appellate Outcomes
a. Appeals to the Dean of Students
i. The Dean may decide one of the following:
a) There is no basis for the appeal. The appeal then is dismissed, and the original decision stands.
b) An incorrect finding of responsibility was reached. The Dean then will dismiss the case.
c) The sanction administered is excessive or inappropriate. The Dean then determines a sanction that is fair to the facts and circumstances of the case. The Dean will not increase the level of the sanction.
b. Reviews by the Appeals Committee
i. The Committee may decide one of the following:
a) The appeal is without merit. The decision regarding lack of merit is final.
b) The appeal has merit. The Committee may find:
i. The finding of responsibility should be reviewed and/or
ii. The sanction should be reviewed.
c. If the Committee finds that the appeal has merit, then the Provost or designee will review the appeal. The Provost or designee may:
i. Reverse a finding of responsibility and dismiss the case;
ii. Order a rehearing before a board/administrator;
iii. Modify the sanction to one that is fair to the facts and circumstances of the case (the Provost or designee will not increase the level of the sanction); and/or
iv. Uphold the decision(s) of the original hearing body.
3. Continued Enrollment During Appeal
a. If the sanction being appealed includes suspension or dismissal from the College, the student will not take part in any College function except scheduled classes while the appeal is pending without the written permission of the Dean of Students. Where appropriate, the Dean also may restrict the student from parts of the campus or specific functions or activities during the appeal period.
b. In those cases where the Dean determines that the continued presence of the student constitutes a risk to the educational process, to him/herself, or to the safety of others, the Dean may prohibit the student from attending classes until the appeal is complete.
E. Procedures for Appeal by the Reporting Party
1. The Appeals Committee decides appeals submitted by the Reporting Party.
2. When the Appeals Committee determines that a reporting party's appeal regarding a "not responsible" finding has merit, the committee will deem the results of the first hearing void and order a new hearing using the original method of adjudication. When the committee determines that a reporting party's appeal regarding sanctions has merit, the committee will forward the case to the Provost or designee who may modify the sanction to one that is fair to the facts and circumstances of the case or uphold the decision(s) of the original hearing body. The Provost or designee may increase the level of the sanction.
F. Notification and Access to Record During Appeal
1. The individual or committee hearing an appeal will have access to the full record of the case and may invite the appealing party to make a personal appearance to discuss the appeal. In such instances, the case administrator or the chair of the student conduct committee whose decision is being appealed may also be invited to be present to respond to the appeal.
2. The student and the administrator or board that heard the original case will receive written notification of the decision regarding the appeal, including the reasons for the decision if appropriate. The case file maintained by the Office of the Dean of Students will include a copy of the appeal findings and all correspondence.