This section applies to the College Hearing Board, Judicial Council, or administrative hearings. It does not apply to the Sub-Committee on Academic Honesty. The appeal process for the Sub-Committee on Academic Honesty is listed in Academic Policies section of this on-line Student Handbook.
While either the complainant or respondent may request an appeal in writing of the hearing board's or administrator's decision to the President of the College, very few appeals are granted. There are only four bases of appeal:
- New evidence that was not available at the time of the hearing is presented that could be outcome-determinative;
- Evidence of fraud or deception practiced by one of the parties in the hearing;
- Procedural error that had a material impact on the fairness of the hearing;
- Demonstrated bias of any board or council member.
Appeal requests of the decision(s) issued by the Vice-President for Student Affairs (or designee) must be filed within five business days to the President of the College. The President will decide whether any of the four grounds listed above merits the granting of the appeal. If the President grants the appeal, the complaint may be remanded to the board or administrator for reconsideration in light of the basis upon which the appeal was granted. For appeals where bias is alleged, the President has the discretion to hear the appeal directly. The President may interview witnesses, hearing board members, and may review the digital audio recording of the hearing and the Presiding Officer report. The President’s decision will be based on a preponderance of the evidence. The President’s response, within three weeks of the appeal date, is sent by sealed envelope to the complainant and respondent by either campus mail or U.S. postal service.