Appeal of Disciplinary Findings or Sanctions

Appeals of the decision of the Sanction Review Committee must be based on a failure to follow a procedure or policy, or on the basis of discrimination. Any appeals must be made in writing within seven (7) days of receipt of the Sanction Review Committee’s decision. Appeals must be submitted to the Title IX Coordinator.

Appeals will be reviewed by a Title IX Appeal Committee. The committee will be comprised of one designed faculty or staff person and either the Vice President of Academic Programs or the Vice President of Corporate & Continuing Education. The Title IX Appeal Committee will review the written evidence of the case and determine if additional information is needed from any party. The Appeals Committee will render a decision based on the written appeal submitted.

The group of designated Faculty/Staff along with the Vice Presidents of Academic Programs and Corporate & Continuing Education will complete annual training to serve on the appeal and sanctions committees.

The Title IX Appeal Committee will make a determination by a preponderance of the evidence whether a violation occurred and/or whether the sanction is consistent with the violation. The Appeal Committee may seek additional information from either the Investigator or the Sanction Review Committee. Any requests for additional information will submitted to the Title IX Coordinator as the liaison to the Investigator or Sanction Review Committee.

The decision of the Title IX Appeal Committee will be submitted in writing, through the Title IX Coordinator, to both the Reporting Party and Responding Party within ten (10) days. Should the appeal request require additional Investigation, the Title IX Appeal Committee may request additional time through the Title IX Coordinator. The Title IX Coordinator will appoint an Investigator and notify both parties of any time extension. The decision of the Title IX Appeal Committee is final except in the case of expulsion.

Expulsion

In the case of Expulsion as the issued sanction by the Sanction Review Committee, either the Reporting Party or the Responding Party may submit a written appeal to the Title IX Coordinator within seven (7) day of notification of the Sanction Review Outcome.

If an appeal is not submitted, the Sanction Review Committee’s recommendation for Expulsion will be reviewed by the College President for action.

If an appeal is submitted to the Title IX Coordinator, the Title IX Appeal Committee will review the appeal as described under the Appeal of Disciplinary Findings or Sanctions. If the appeal outcome supports the recommendation for Expulsion, the Sanction Review Committee’s recommendation for Expulsion will be reviewed by the College President for action.

The President will review all disciplinary sanctions of Expulsion and render a decision within seven days (7) of receipt from the Title IX Coordinator. The President may solicit evidence and information specific to the Investigation or the work completed by either the Sanction Review Committee or the Title IX Appeal Committee. All parties are afforded the identical opportunity to provide and receive information as a part of the President’s review as requested by the President.

The President decision for Expulsion is final.

Any decision reached will be communicated to all appropriate College Offices regarding actions they may need to take in response to the sanctions issued against a student. In the event that a suspension or expulsion is issued, campus security will be notified.

Notice of Appeal Outcome

Within five (5) days of the conclusion of the Appeal, the College will provide a written Notice of Appeal Outcome to the Reporting Party and the Responding Party at the same time. The College will also provide written notice, at the same time to both parties, of any change in the Outcome that occurs before the Outcome becomes final.

The Notice of Appeal Outcome will include the finding by the Appeals Committee as to whether there is a Campus Code of Conduct violation specific to Prohibited Conduct, the rationale for the result, and a brief summary of the evidence on which the decision is based, as appropriate. Where there is a finding of a violation, the Responding Party will be informed of any sanctions, the date by which the requirements must be satisfied (if applicable), and the consequences of failure to satisfy the requirements. The Reporting Party will be informed of any sanctions and remedies that directly relate to the Reporting Party, including information about the Responding Party’s presence on campus (or in a shared class) that may help a Reporting Party make informed decisions or work with the College to eliminate Prohibited Conduct and prevent its recurrence. The Decision of the Appeals Committee is final except in those cases where expulsion is the recommended sanction. The President of the college makes all final decisions in cases where the recommended sanction is expulsion.