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Appeal


The accused student and victim or complainant (if applicable) shall have the right to file a request for an appeal of the first-level decision to the vice president of student services or designee. In cases where the vice president of student services presided over the first level hearing, the appeal request may be filed with the College District President or designee.

An appeal shall not be a rehearing of the case, but rather a review of the official record, evidence, and documents used by the first-level hearing body, except in cases where new evidence is made available.

The burden of proof rests with the accused to prove that an appeal is warranted.

The request for appeal must be filed within ten College District business days from the date of the decision letter. Failure to submit an appeal request by the deadline shall result in forfeiture of the right to appeal, and the first-level decision shall stand as the final decision.

Once an appeal request has been filed, the sanctions, except in the case of an interim suspension, shall be temporarily postponed pending the final outcome of the appeal process.

Guidelines for Appeal

The grounds for filing an appeal shall be limited to the following:

  • Due process rights were violated, which substantially impacted the decision of the first-level hearing body;
  • New evidence not available at the time of the hearing has been discovered that could have altered the decision by the first-level hearing body
  • The decision reached was NOT based on a preponderance of the evidence that it was more likely than not that there was violation of the Student Conduct Code
  • The sanctions imposed were disproportionate or not appropriate for the violation.

Appeal Request Review

Upon receipt of an appeal request, the vice president of student services or designee shall determine whether there is sufficient cause to grant the appeal solely based on the written appeal request and official record of the first-level hearing.

If the appellate body determines that there are insufficient grounds for an appeal, it shall deny the appeal request, thus upholding the first-level decision and sanctions. The final written decision must be sent to the accused within ten College District business days of receipt of the appeal request.

If the appellate body determines that there is sufficient cause for an appeal, it shall grant an appeal, and, if applicable, schedule an appeal hearing with the accused student and witnesses within seven College District business days of receipt of the written appeal request. If a hearing is scheduled, the appeal hearing shall be conducted in a fair and impartial manner and audio recorded. The accused student and victim or complainant (if applicable) shall have the opportunity to bring an adviser.

Appellate Decision

If the appellate body determines that there are sufficient grounds for an appeal, it may decide, with rationale, one of the following:

  • Modify the first-level decision or sanctions, including, but not limited to, the reduction, removal, or reversal of specific violations, charges, or sanctions
  • Reverse the first-level decision
  • In cases where new evidence has become available or due process rights were substantially violated, remand the decision back to the original hearing body for review, given the new evidence or due process violation correction

The appellate body must provide a copy of the final appeal decision in writing to the accused student within ten College District business days of its decision.

In cases involving suspension, the vice president of student services or designee shall provide the College District President with a notice of the suspension or expulsion. This decision shall be final.