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2020-2021 General Catalog and Student Handbook > Student Handbook > Students’ Rights, Responsibilities and Judicial Procedures > VII. Appeals Procedure

VII. Appeals Procedure

A student who disagrees with the decision of the AVP may request a hearing before the Disciplinary Review Committee. This written request must include the reason why the AVP'S response is unsatisfactory and must be received by the AVP within three (3) business days after receipt of the AVP'S decision. The AVP shall refer the matter to the Disciplinary Review Committee together with a report of the nature of the alleged misconduct, the name of the complainant, the name of the student against whom the charge has been filed, and the relevant facts revealed by the AVP'S investigation.

1. Committee Composition, Role, and Authority – The composition, role and authority of the Disciplinary Review Committee shall be as follows:
   1. Committee membership will consist of:
      1. A minimum of three faculty/staff members appointed by the President.
      2. Three student members appointed by the Student Government Association and approved by the President.
      3. One employee, appointed by the President, to serve as Committee Chair who will vote only in case of a tie.
      4. The AVP as an ex-officio, non-voting member.
   2. The Role of the Committee:
      1. Committee members will serve one year from the beginning of fall semester through summer semester with replacements appointed by the President or SGA if necessary.
      2. At least two faculty/staff members and two students plus the Chair must be present in order for the Committee to conduct business.
      3. The Committee shall hear and render decisions concerning student appeals.
   3. The Authority of the Committee:
      1. The Committee shall have the authority to adopt temporary rules of procedure consistent with this code.
      2. The Committee shall have the authority to render written advisory opinions to the Associate Vice President concerning student rights, responsibilities and judicial procedures.
2. Procedures for Hearing before the Disciplinary Review Committee
   1. Procedural Responsibilities of the AVP: The Committee must meet within ten (10) business days after receipt of a request for a hearing (excluding school breaks). A postponement may be granted by the Chair upon written request of either party, if the reason stated justifies such action.

      At least five (5) business days prior to the date set for the hearing, the AVP shall send a certified letter to the student’s last known address on file with the Office of Admissions and Records providing the student with the following information:

      1. A restatement of the charge or charges.
      2. The time and place of the hearing.
      3. A statement of the student’s basic procedural rights.
      4. A list of witnesses.
      5. The names of committee members.

      In addition, if the student(s) decides to have counsel and/ or witness(es) present at the hearing, the student must provide (in writing) to the AVP the name of the counsel and/or witness(es) at least two (2) business days prior to the scheduled hearing. If not properly submitted, it is at the discretion of the Committee to allow the counsel and or witness(es) to participate.

      On written request of the student, the hearing may be held prior to the expiration of the five-day (5) notification period, if the AVP concurs with this change.

   2. Basic procedural rights of students include the following:
      1. The right to counsel. Counsel may fully participate in the proceeding unless charges include academic dishonesty (GS 116-40.11) or in the case of a student grievance proceeding.  An individual serving in the role of counsel cannot be a witness during the proceeding.
      2. The right to produce witnesses on one’s behalf. An individual serving in the role of witness cannot serve in the role of counsel.
      3. The right to request, in writing and with substantial reasons, the President to disqualify any member of the Committee for prejudice or bias. A request for the disqualification of a committee member must be submitted at least three (3) business days prior to the hearing. If such disqualification occurs, the appropriate nominating body shall appoint a replacement to be approved by the President.
      4. The right to present evidence.
      5. The right to know the identity of the person(s) bringing the charge(s), unless there is sufficient cause (as determined by the appropriate area Vice President) for the person bringing the charge to fear reprisal.
      6. The right to hear witnesses on behalf of the person(s) bringing the charge(s), unless there is sufficient cause (as determined by the appropriate area Vice President) for the witness to fear reprisal.
      7. The right to testify or to refuse to testify without such refusal being detrimental to the student.
      8. The right to appeal the decision of the Committee to the President who will review the official record of the hearing. The appeal must be in writing and must be received within three (3) business days after receipt of the Committee’s decision. If the student fails to submit the appeal by the deadline, the appeal procedure ends and the student forfeits his or her right to further appeal.
      9. If a student fails to attend the hearing (the Committee will wait 10 minutes), the appeal procedure ends and the student forfeits his or her right to further appeal.
   3. Prohibitions - Neither the student nor his or her representatives (counsel, family, friends, etc.) shall contact a Disciplinary Review Committee member, College witnesses, the President, members of the Board of Trustees, or other community constituents prior to the Disciplinary Review proceedings. Such contact constitutes a breach in the disciplinary process and may adversely affect the hearing.
   4. The Conduct of the Committee Hearings
      1. Hearings before the Committee shall be confidential and shall be closed to all persons except the following:
         1. The student.
         2. Counsel.
         3. Witnesses who shall:
            1. Give testimony singularly and in the absence of other witnesses.
            2. Leave the committee meeting room immediately after completion of the testimony.
         4. Security - Campus Police and Security may be present at the hearing.
      2. The hearing may be recorded by the College.  Recordings will become the property of the College and access to them will be determined by the Chair of the Committee and the AVP.  All recordings will be filed in the office of the AVP through the duration of the appeal process.
      3. Upon completion of a hearing, the Committee shall meet in executive session to determine concurrence or non-concurrence with the original finding based on a preponderance of the evidence and to recommend sanction, if applicable.
      4. Decisions of the Committee shall be based on a preponderance of the evidence and made by majority vote. In case of a tie, the Chair shall vote to break the tie. The official record of the Committee’s decision is noted in writing from the Chair and kept by the AVP.
      5. Within two (2) business days after the decision of the Committee, the AVP shall send a certified letter to the student’s last known address on file in the Office of Admissions and Records providing the student with the Committee’s decision. A copy of this letter will be sent to the complainant. Failure to accept receipt of the letter within six (6) business days of letter postmark ends the appeal procedure and the student/ complainant forfeits his or her right to further appeal.
3. Appeal to the President – If the student or complainant refuses to accept the findings of the Committee, either may appeal in writing to the President within three (3) business days after receipt of the Committee’s decision. If the written appeal is not received by the President within the time frame, the appeal process ends, and the party forfeits his or her right to further appeal.  The President shall have the authority to:
   1. Review the findings of the proceedings of the Committee.
   2. Hear from the student, the complainant, the AVP, and Committee before ruling on an appeal.
   3. Approve, modify, or overturn the decision of the Committee based on a preponderance of the evidence.
   4. Inform the student and the complainant in writing of the decision within ten (10) business days after receipt of the appeal. The decision of the President is final.