Procedure No. 210.3
Area: Student Affairs
Revisions Approved: 8/3/10
Description: Student Grievances
Procedures of Student Conduct Appeals Committee; matters of non-academic discipline.
The Student Conduct Appeals Committee will be the appeal board for students who wish to appeal an institutional disciplinary penalty. The committee will evaluate the student appeal with full fairness and objectivity. The committee's disposition will be recommended to the Dean of Students who will then render a binding decision.
In the case of flagrant violations of conduct, the College reserves the right to immediately suspend a student pending a hearing with the Student Conduct Appeals Committee.
The following procedure will be followed in order to provide the student with due process:
- Once the Dean of Students Office is notified of a violation the student will be called in for a preliminary oral notification of intent to discipline. The student will be told the charge and the disciplinary action. Student will then have the opportunity to dispel factual basis of charges. If facts are dispelled all action against student will cease. If charge of violation has merit student would be given a written notification of disciplinary action, either immediately or by certified mail.
- The written notification will include the following information: 1) The charge and the disciplinary action to be taken, 2) the student's right to appeal, 3) the steps the student must follow in order to appeal as outlined in the Student Handbook.
- If student requests an appeal the student must then be given the appeals procedure notification. This will include: 1) detailed statement of each charge, 2) notification to charged student of right to counsel with accompanying statement requesting Atlantic Cape to be notified of intention to waive this prerogative, 3) notification of student's right to all affidavits and all exhibits which the College intends to utilize during hearing, 4) a complete list of College witnesses, 5) notification to charged student of right to make a case on their behalf with their own witnesses present (subject to College cross-examination), 6) signature of charged student acknowledging receipt of written charges and hearing notification.
- A hearing date will be selected that is mutually agreeable to all parties.
- The student will have the opportunity to present the student's own version of the facts by personal statement as well as by affidavits and witnesses.
- The student will have the right to hear evidence against him/her and to question adverse witnesses personally.
- The committee will make a determination of the facts of each case solely on the basis of the evidence presented at the hearing. The chairperson of the committee will prepare a written statement of the committee's findings of fact and a recommendation to the Dean of Students for action.
- Dean of Students receives recommendation and makes the appropriate decision regarding disciplinary action or dismissal of charges.
- A final appeal may be made to the College President.
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