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Student Disciplinary Action Appeals Operating Procedure 319.03

Student Disciplinary Action Appeals Operating Procedure 319.03
Johnson County Community College
Series: 300 Students
Section: Code of Conduct and Discipline

Cross-Reference: Student Disciplinary Action Policy 319.02

Applicability: This Operating Procedure applies to all Johnson County Community College (“JCCC” or the “College”) students.

Purpose: The purpose of this Operating Procedure is to set forth the process by which a student may appeal certain disciplinary actions imposed through the Student Disciplinary Action Operating Procedure 319.02.

Procedures:

I. Appeal Process Rights

A disciplinary action that results in a verbal or written warning to the student cannot be appealed by the student. Disciplinary actions that include probation, suspension or expulsion may be appealed by the student on the following grounds:

A. A material procedural or substantive error occurred in the disciplinary action process that significantly impacted the determination. This may include the existence of an actual conflict of interest, substantiated bias or material deviation from established procedures for imposing discipline.

B. New evidence that was unavailable during the initial determination and is reasonably likely to impact the original determination or disciplinary action.

Circumstances that will not provide sufficient basis for appeal include, but are not limited to, the following:

  • Lack of knowledge of the Student Code of Conduct or other applicable policies, operating procedures or rules;
  • Disciplinary action is too severe;
  • Disagreement with the dean in Student Success & Engagement’s determination; or
  • Consideration of additional evidence that was available at the time of the disciplinary action determination.

If the student files a timely appeal of a disciplinary action for probation or regular suspension, the disciplinary action and/or any additional sanctions may be suspended pending the outcome of the appeal at the discretion of the Executive Vice President of Student Success & Strategy (“EVP”).

If the student files a timely appeal of a disciplinary action for emergency suspension or expulsion, the disciplinary action and/or any additional sanctions will remain in effect pending outcome of the appeal.

II. Filing an Appeal

If a student chooses to appeal a disciplinary action, the student must file a written appeal with the Office of the Executive Vice President of Student Success & Strategy within ten (10) business days of the date written notification of the disciplinary action was sent to the student. If the student does not file a timely appeal, the disciplinary action will stand.

Notices required to be provided to the student may be hand delivered, sent to the student’s College email account, or sent to the student’s address of record with the College. Mailed notices will be considered received by the student three (3) business days after being sent.

III. Reviewing an Appeal

Upon receipt of the student’s appeal, the EVP will elect to review the appeal or transfer it to the Executive Vice President o/Chief Academic Officer or other designee to serve as the officer for purposes of review (the “Reviewing Officer”).

The Reviewing Officer may require an administrative meeting with the student to review the matter. Additional input from other parties may be sought and relevant documents may be reviewed. Following this review, the Reviewing Officer, if not the EVP, will issue a written determination notifying the student whether the disciplinary action is being upheld or overturned, in full or in part. The decision of the EVP will be final.

Signature on File in Policy Office
President

Date of Adoption: 09/22/2011
Revised: 08/13/2015, 01/21/2021, 05/13/2021