Operating Procedure: Student Appeal of Disciplinary Action - 319.03

Johnson County Community College
Series 300: Student Personnel
Section 319: Student Rights and Responsibilities

Board Policy 319.03 - Student Disciplinary Action

Purpose

It is the purpose of these operating procedures to provide students the opportunity to appeal a disciplinary action taken against them pursuant to college policy 319.02-Student Disciplinary Action.

The following procedures are established in accordance with college policy 319.03-Student Appeal of Disciplinary Action.

Appeal Process Rights

Following receipt of written notification of disciplinary action taken in accordance with the provisions of college policy and operating procedure 319.02-Operating Procedures for Student Disciplinary Action, the student shall have the right to appeal the disciplinary action, subject to the student’s appeal rights provided below.

  1. A disciplinary action that results in a verbal or written warning to the student cannot be appealed by the student.
  2. Disciplinary actions that include probation, suspension or expulsion may be appealed by the student as provided in these operating procedures.

If the student does not appeal the disciplinary decision within the time frame provided under the section Filing an Appeal immediately below, the disciplinary action will stand. 

If the student files a timely appeal against a disciplinary decision for probation or regular suspension, the disciplinary action will be suspended pending the outcome of the appeal.

If the student files a timely appeal against a disciplinary decision for emergency suspension or expulsion, the disciplinary action could stand on a temporary basis pending outcome of the appeal.

Filing an Appeal

If a student chooses to appeal a disciplinary action taken pursuant to operating procedure 319.02-Student Disciplinary Action, the student must file a written appeal with the office of the vice president of Student Services & Engagement within ten (10) business days of the date written notification of the disciplinary action was sent to the student.

Upon receipt of the student’s appeal, the vice president of Student Services & Engagement will determine if the disciplinary action is academic/non-academic. 

  • If the vice president of Student Services & Engagement determines the matter to be non-academic he/she will hold an administrative meeting with the student to review the matter. Additional input from other parties may be sought.  Following this review, the vice president will mail a written determination to the student via certified mail to grant or deny the appeal. If the vice president of Student Services & Engagement determines the matter to be non-academic and the decision is to grant the appeal, he/she will take appropriate action to remedy the matter and the appeal process will terminate at this step
  • If the vice president of Student Services & Engagement determines the matter to be academic the appeal will be forwarded to the associate vice president of Instruction.  He/she will hold an administrative meeting with the student to review the matter. Additional input from other parties may be sought.  Following this review, the associate vice president of Instruction will mail a written determination to the student via certified mail to grant or deny the appeal. If the associate vice president of Instruction decision is to grant the appeal,  he/she will take appropriate action to remedy the matter and the appeal process will terminate at this step.

If the vice president of Student Services & Engagement or the associate vice president of Instruction decision is to deny the appeal, the student shall be notified of his/her right to appeal the disciplinary action to an appeal hearing panel.  If the student chooses to proceed to an appeal hearing, the student must file a written appeal with the office of the vice president of Student Services & Engagement within ten (10) business days of the date written notification of the vice president’s decision to deny the appeal was sent to the student via certified mail.

Upon receipt of a student’s written appeal of the vice president of Student Services & Engagement or associate vice president of Instruction decision, the vice president of Student Services & Engagement shall convene an appeal hearing panel. The panel shall be convened within ten (10) business days of receipt of the written appeal.

Appeal Hearing Panel

The college shall annually appoint a student disciplinary appeal hearing panel (hearing panel) to review student appeals of disciplinary decisions.  The hearing panel shall be composed of the following members:

  • One administrator from Instruction appointed by the executive vice president of Academic Affairs.
  • One administrator from Student Services appointed by the vice president of Student Services & Engagement
  • Two faculty members appointed by JCCC Faculty Association
  • One college staff member appointed by the Policy Committee
  • Each appointee shall also have an alternate designated by the appropriate appointing party to serve in the event the appointee is not available for a hearing.  In the event the appointee has a conflict regarding the appeal matter, the alternate shall serve on that appeal.

The hearing panel shall select one of its members each year to serve as chair.  The chair shall be responsible for conducting the appeal hearings, overseeing the review panel deliberations, and for communicating the findings of the panel.  It shall be the responsibility of the hearing panel to conduct its business in a fair and impartial manner.

Review of an Appeal of Disciplinary Action

The hearing panel review shall be conducted as follows:

Step 1:  Calling the Appeal Hearing

The hearing panel chair will call a meeting of the panel members when notified by the vice president of Student Services & Engagement of the need for a hearing panel appeal hearing.  The hearing panel will set the date of the appeal hearing and the chair shall notify the appropriate parties.  The appeal hearing shall be held as soon as possible but no later than twenty (20) business days after the chair sends notice of the hearing.

Step 2:  Conducting the Appeal Hearing

 Each hearing panel member or an assigned alternate member must be present for the panel to consider the appeal and render a decision.  The appeal hearing will be conducted in private.  The student appellant and the college administration shall have the following rights during the hearing:

  • Each party shall have the right to have a representative present at their own expense to advise them during the hearing.  The student appellant must notify the hearing panel chair within forty-eight (48) hours in advance of the hearing if the student wishes to have legal representation present. 
  • Each party shall have the right to hear the allegations presented to the hearing panel concerning the involved party.
  • Each party shall have the right to call witnesses in person or to present their testimony by sworn affidavit.
  • The parties must exchange witness lists and provide a copy to the hearing panel chair at least forty-eight (48) hours in advance of the hearing.
  • The student appellant may schedule an appointment with the hearing panel chair in advance of the hearing to review all documentation regarding their case.
  • The student appellant and the college staff shall each have the right to testify and give reasons supporting their respective positions.
  • The hearing shall be conducted in a fair and impartial manner.
  • The hearing shall be recorded.

In addition to the rights provided above, the hearing panel chair may adopt such other procedures as he or she may deem appropriate to provide a fair and orderly hearing.

Step 3:  Hearing Panel Deliberations

Following the appeal hearing, the hearing panel will meet in private to discuss and vote on the appeal.  Based on a majority vote, the hearing panel shall render a fair and impartial decision based upon evidence presented at the hearing. 

Step 4:  Notification of the Appeal Hearing Outcome

At the conclusion of the hearing panel deliberations, the panel chair will send written notification to the vice president of Student Services & Engagement of its findings and determination.

The vice president of Student Services & Engagement will send appropriate written notification to the student appellant and other concerned parties.

Appeal Determination

The decision of the hearing panel shall be final. 

Approved:

Signature on File in Policy Office        9/22/2011
Terry A. Calaway
President