respondent may appeal a disciplinary action by filing a written notice of
appeal with the conduct review officer within ten days of service of the
student conduct officer's decision. Failure to timely file a notice of appeal
constitutes a waiver of the right to appeal and the student conduct officer's
decision shall be deemed final.
The notice of appeal must include a brief statement explaining why the
respondent is seeking review.
The parties to an appeal shall be the respondent and the conduct review
(4) A respondent, who
timely appeals a disciplinary action or whose case is referred to the student
conduct committee, has a right to a prompt, fair, and impartial hearing as
provided for in these procedures.
(5) On appeal, the college bears the burden
of establishing the evidentiary facts underlying the imposition of a
disciplinary sanction by a preponderance of the evidence.
(6) Imposition of disciplinary action for
violation of the student conduct code shall be stayed pending appeal, unless
respondent has been summarily suspended.
The student conduct committee shall hear
(a) The imposition of
disciplinary suspensions in excess of ten instructional days;
(b) Dismissals; and
(c) Discipline cases referred to the
committee by the student conduct officer, the conduct review officer, or the
conduct appeals from the imposition of the following disciplinary sanctions
shall be reviewed through a brief adjudicative proceeding:
(a) Suspensions of ten instructional days or
(c) Written reprimands;
(d) Any conditions or terms
imposed in conjunction with one of the foregoing disciplinary
(9) Except as
provided elsewhere in these rules, disciplinary warnings and dismissals of
disciplinary actions are final action and are not subject to appeal.
In cases involving allegations of sexual
misconduct, the complainant has the right to appeal the following actions by
the student conduct officer following the same procedures as set forth above
for the respondent:
(a) The dismissal of a
sexual misconduct complaint; or
Any disciplinary sanction(s) and conditions imposed against a respondent for a
sexual misconduct violation, including a disciplinary warning.
(11) If the respondent timely
appeals a decision imposing discipline for a sexual misconduct violation, the
college shall notify the complainant of the appeal and provide the complainant
an opportunity to intervene as a party to the appeal.
(12) Except as provided elsewhere in these
rules, disciplinary warnings and dismissals of disciplinary actions are final
action and are not subject to appeal.