First Appeal: Administrative hearing before Judicial Council
NOTE: The College Judicial Council has both the authority and the responsibility to hear disciplinary appeals in an unbiased manner. Its hearings are administrative, not judicial. As such, legal counsel will not be allowed for either the College or the accused student.
A student may request an appeal of the decision made by the Dean. Such an appeal must be made in writing to the Chair of the Judicial Council within ten consecutive calendar days from the receipt of the notification from the Dean or the attempt to deliver by the College. The Dean will provide the Chair of the Judicial Council with documentation outlining the alleged misconduct, identification of the offense, a summary of the evidence, and the sanction imposed.
The student has a right to a fair hearing and the Judicial Council Chair shall make a determination as to whether any member of the Judicial Council is materially connected or could have a personal bias in the case in question.
Upon receipt of an appeal, an administrative hearing date shall be set and the student shall be notified by certified/return receipt mail, such a notice to be at least ten consecutive calendar days before the date of the hearing. In all disciplinary hearings conducted, the following procedures shall be followed:
- The student shall be advised of the alleged violation of which he/she is charged.
- The student shall be advised of his/her right to present a case in his/her defense, to present witnesses, and to question evidence and witnesses presented against him/her.
- The Judicial Council shall conduct the hearing, consider all evidence, determine the facts, uphold previous decisions, deny requests, rescind earlier decisions, and impose appropriate disciplinary sanctions as necessary.
- The Judicial Council Chair shall appoint a Council recorder who shall prepare a summary record of the hearing and that summary record shall be shared with the student, if requested.
- The hearing shall go forward as scheduled unless the accused student notifies the Chair of the Judicial Council a minimum of 24 hours in advance of their impending absence and shall state the reason for that absence. Failure by the accused student to appear at the hearing does not prevent the Judicial Council from hearing the evidence or deciding the case.
- The Judicial Council Chair may reschedule a hearing as a result of inclement weather, medical necessity, or other cause sufficient to prohibit reasonable ability of a principal participant to attend. Written notice shall be given to all parties.
- The Judicial Council Chair has the authority to temporarily replace a Judicial Council member who is unable to attend, or unable to serve due to a conflict of interest, from an approved list of faculty and staff members and students.
- The Judicial Council Chair shall call the hearing to order, shall determine that a quorum of Council members are present, shall state the breach of rules as charged, and shall ask all persons present to identify themselves and their role in the hearing. These hearings are not open to the public and only those persons with business before the Council shall be present.
- The charges against the student shall be read and the accused student requested to confirm that he/she is aware of the charges and has received a copy of them.
- Each side will be given the opportunity to make an opening statement.
- The Dean will be allowed to present any relevant evidence and reliable witnesses regarding the alleged misconduct.
- The student, after hearing all the evidence presented, may question the evidence, any witness, or the Dean.
- The student will be allowed to present his/her case, including any relevant evidence, reliable witnesses, and no more than two character witnesses from the student body, faculty, or staff.
- The Dean, after hearing all the evidence presented may question the evidence, any witness, or the accused student.
- Members of the Judicial Council will be allowed to question the accused student, any witness, or the Dean.
- At the close of all the testimony and presentation of evidence, each side will be allowed a closing statement.
- The hearing shall then be closed with an explanation of a general timetable for rendering a verdict.
- The Judicial Council shall meet in private to consider its verdict, with only members allowed to attend.
- When a decision is reached, it shall be reduced to writing setting forth findings of fact and the basis of the decision.
- The student shall be notified of the decision in writing by certified/return receipt mail to the student’s address of record last listed in the student’s permanent file. This mailing shall also advise the student of the available appeal of the Judicial Council’s decision.
- Any student cleared of charges after this appeal shall be afforded the opportunity to make up any coursework missed as a result of suspension.
Second Appeal: To the Vice President of Instruction and Student Development
A student may appeal of the decision of the Judicial Council to the Vice President of Instruction and Student Development. Such an appeal must be made in writing within ten calendar days of the notification of the decision of the Judicial Council, or the attempt to deliver same by certified mail. The appeal must give a full explanation of the basis for the appeal.
- The Vice President of Instruction and Student Development shall consider all evidence, determine the facts, uphold previous decisions, deny requests, rescind previous decisions, and impose disciplinary sanctions as appropriate in a timely manner.
- The Vice President of Instruction and Student Development shall notify the student of the decision by certified/ return receipt mail to the student’s address of record last listed in the student’s permanent file.
- Decisions at this level are final.
- Any student cleared of charges after this appeal will be provided the opportunity to make up any coursework missed as a result of suspension.