APPEALS
4.01 APPELLATE JURISDICTION
A. Vice President Level. VPSA will administrate all student conduct matters. Students involved in nonacademic misconduct may appeal the VPSA’s decision to the Appeals Committee. Academic appeals of the Associate Deans decisions may also be sent to the Appeals Committee, pending review by the VPSA. (Student Life decisions may be appealed to VPSA.)
B. Appeals. The VPSA, in the event of a written appeal of a disciplinary sanction, shall coordinate the appeal hearing logistics such as notification to all parties of the time, date, location, etc., similar to that stated in Section 3.04. Nonacademic appeals will then go direct to the Committee. Academic Appeals will have to be processed via the appropriate Associate Dean, then, if not resolved, to VPSA for review before bringing it to the Committee.
C. Appeals Committee. This body, approved by the President, serves one year. It is comprised of three faculty, three students and one staff member (classified/professional/ administrator). The Chair will work closely with VPSA to follow appropriate procedures for the hearing. (3.04).
4.02 PERFECTING APPEAL
A. Filing Deadline: A student wishing to appeal the VPSA’s decision must have a signed, written notice of the appeal request with appropriate rationale to the VPSA’s office no later than 4 p.m. ten (10) business days after the notification of the prior decision is mailed to the student or attorney, or five (5) business days if faxed or hand delivered (See 3.04c.7).
B. The grounds for requesting appeal shall be:
1. The sanction imposed was too harsh (probation for at least one semester, suspension or expulsion only).
2. An error that significantly prejudiced the rights of the defendant. (Be specific; include documentation.)
3. Significant new information discovered after the initial hearing and presented to the VPSA within 30 days of that hearing.
C. Appeal Evaluation.
1. The VPSA will contact the Chair of the Appeals Committee to evaluate the grounds for appeal.
2. If they are believed to be sufficient, the Chair will notify the VPSA to initiate procedures for convening the Committee no later than ten (10) business days of the request, unless there are extenuating circumstances, which are to be shared with the student.
D. Appeals Committee.
1. The Chair of the Appeals Committee will notify the student in writing of the time, place and date of the appeal hearing with other required information (3.04).
2 No committee members may have a material interest in or knowledge of the issue on appeal.
3 Shall receive for review all written materials and information relevant to the appeal, which will be independently reviewed by the committee members.
4 May collect more information to rule on the question.
5 The hearing will occur regardless of the student's attendance, with the decision based on the information and evidence available.
6 Members may question participants written or verbal statements.
7. The Chair, selected by the President, may devise the format, limit discussion, and otherwise conduct the meeting, as she/he deems fair and appropriate, with the consensus of the Committee members, using Section 3.04 as its primary resource.
4.03 ACTION ON APPEAL
Upon either appeal or discretionary review, the officer/committee considering the same shall review the transcript(s) and may require, at his discretion, the parties to submit written &/ or oral arguments. The officer/committee having jurisdiction may approve, reject, or modify the decision being appealed and may require that the original hearing be reopened for presentation of additional evidence and reconsideration of the current decision.
4.04 REVIEW
The President may, on his initiative, review any disciplinary case. Upon such review they may approve, reject, or modify the lower decision, or may remand the decision to the original hearing for presentation of additional evidence and reconsideration of the decision.