Appeal Procedures for Suspension/Expulsion
Steps for filing an appeal in cases involving suspension/expulsion are outlined below:
- Students who are appealing suspension or expulsion and feel that further action is warranted following a decision may appeal to the Vice President of Student Affairs of the College. The appeal must be submitted to the Student Conduct Officer in writing within two (2) University business days after the finding and sanction are communicated to the adjudicated student. The Student Conduct Officer is responsible for submitting the student’s written appeal, along with other appropriate documentation to the Vice President of Student Affairs. At the discretion of the Student Conduct Officer, an extension of no more than one (1) University business day may be granted after notification of suspension or expulsion has been communicated to the student. Students appealing decisions involving suspension or expulsion may have their movements on campus restricted to academic endeavors or other restrictions deemed appropriate during the period of appeal. Otherwise, no sanction will be enforced until a final decision is reached.
- With the Vice President of Student Affair’s approval, the Student Conduct Officer will convene an Appeals Panel to review the case. No panel member will be from the adjudicated student's school or department of academic major. A different panel may be appointed for each case.
After reviewing the case, the panel will prepare a written recommendation for the Vice President of Student Affairs’ consideration. The Vice President of Student Affairs will review the recommendations submitted by the panel and render a decision. He/she will communicate his or her decision to the student within ten (10) University business days after an appeal is filed with the Student Conduct Officer. This is the final appeal at the institutional level. Therefore, the sanction imposed will be in effect immediately. However, the President may, at his or her discretion, review any student conduct case and take such action, as he or she deems appropriate.
- Purpose of the Appeals Panel
The purpose of an appeal is to review the procedures and findings of the body of original jurisdiction and to determine if there is a basis for error in a student conduct hearing.
- Grounds
A student may appeal a student conduct decision on the following grounds:
- A violation of due process.
- Evidence of prejudicial treatment by the original hearing body.
- Evidence becomes available during the review process that was not previously available during the original hearing.
- Mercy appeal for review of an imposed sanction considered too harsh/lenient.
- Procedure
The Appeals Panel:
- Will review all material related to the case including
- the record made before the original hearing body convened;
- all pertinent documents, including hearing minutes, witness statements, and incident reports;
- prior violations and sanctions against the student.
- May, at its discretion, hear oral argument from either party or their representatives.
- Findings
The Appeals Panel may:
- Affirm the original decision and deny the appeal
- Affirm the findings of guilt and modify the sanction. The Appeals Panel may, at its discretion, change, increase or reduce the sanction imposed. If the sanction is modified, the Appeals Panel must state in writing the justification for such modification.
- Find evidence of prejudice on the part of the original hearing body and refer the case for rehearing before another hearing body.
- Refer the case to the original hearing body for reconsideration of specific points deemed important by the Appeals Panel.
- Reverse the finding of guilt and affirm the appeal.