Page 44 - Clovis Community College Student Planner and Handbook 2018-2019

must be in writing and should be submitted as soon as possible after the event takes place. The Executive Vice President is authorized to take any interim action necessary to maintain the peace and integrity during the formal investigation and determination process.
2. The Executive Vice President shall conduct an investigation to determine if the charges have merit. If so, the Executive Vice President will provide due process by notifying the student of the charges against him/her in writing no later than five (5) working days after receipt of the grievance and offer an opportunity to respond. If a student is under 18 years of age, a copy of the letter will be sent to the parents or guardian of the student. A student charged will have five (5) working days to respond in writing to the charges.
3. Whether the student responds to the charges or not, the Executive Vice President will then render a decision that may involve dismissal of the charges or imposition of any of the sanctions listed above and will notify the student and legal guardian (if under 18) in writing of the outcome.
Appeals
1. A decision reached by the Executive Vice President may be appealed by accused students
or complainants to an appeals board within five (5) working days of the sanctions imposed. Such appeals shall be in writing and shall be delivered to the Executive Vice President, who will forward the request for appeal to the President. Sanctions will remain in effect during the appeals procedure, unless otherwise directed by the Executive Vice President.
2. An appeal shall be conducted for one or more of the following purposes:
a. To determine whether the original process was conducted fairly in light of the charges and
evidence presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present evidence that the Student Code was violated, and giving the accused student a reasonable opportunity to prepare and to present a rebuttal of those allegations.
b. To determine whether the decision reached regarding the accused student was based on substantial evidence, that is, whether the facts in the case were sufficient to establish that a violation of the Student Code occurred.
c. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code that the student was found to have committed.
d. To consider new evidence sufficient to alter a decision, or other relevant facts not brought out in the original process, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.
3. The President of the College will name an Appeals Committee to conduct a formal hearing to review the charges. This Committee will include representatives from various College constituencies, including faculty, professional and support staff, and students. The President will designate the chair for the Committee.
4. The Appeals Committee will set a hearing and notify the student in writing of the date and time, which should occur as soon as possible after the student has requested a hearing.
5. A student who fails to appear before the Appeals Committee shall forfeit his or her right to appeal.
6. Hearing shall be conducted by the Appeals Committee according to the following guidelines, adhering to the evidentiary standard:
a. Hearing normally shall be conducted in private.
b. Admission of any person to the hearing shall be at the discretion of the chairperson of the
Appeals Committee.
c. In hearing involving more than one accused student, the chairperson of the Appeals
Committee, at his or her discretion, may permit the hearings concerning each student to
be conducted separately.
d. The complainant and the accused have the right to be assisted by any advisor they
choose, at their own expense. The advisor may be an attorney.
e. The complainant, the accused, and the Appeals Committee shall have the privilege of
presenting witnesses, subject to the right of cross-examination by any of the parties. All
testimony will be taken under oath.
f. Pertinent records, exhibits and written statements may be accepted as evidence for
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consideration by the Appeals Committee at the discretion of the chairperson.