Westminster College Student Conduct

College Appeals Board

The College Appeals Board is a joint student-faculty committee responsible for considering appeals of judicial decisions made by the Associate Dean of Student Affairs or the College Judicial Board. The College Appeals Board shall include six (6) members: three (3) of the faculty members (one of whom shall serve as Chair) appointed by the faculty, and three (3) students appointed by the Student Government Association. Two (2) student alternates also shall be elected by the student body in accordance with Student Government Association election procedures. Two (2) faculty alternates also shall be appointed by the faculty. A quorum will consist of two (2) students and two (2) faculty members. Members of the College Appeals Board may not serve concurrently as members of the College Judicial Board nor during the two academic years following service on the College Judicial Board.

1. A student whose disciplinary case has been heard by a College hearing officer or the College Judicial Board may appeal the results of their case. The student appealing shall file a written notice of appeal with the Associate Dean The notice shall include a statement indicating the basis of appeal and the appealing student’s signature. Appeals must be based upon at least one of the following: (1) student’s belief that violation of proper procedures occurred in the original hearing; (2) student’s claim that they did not violate the Student Code of Conduct; (3) student’s belief that the sanction(s) imposed is unjust.
   In cases involving violations of VAWA and/or Title IX, both the complainant and accused are entitled to equal due process rights including, but not limited to, the right to appeal a disciplinary sanction(s) issued by the College’s hearing officer(s) or board(s).
2. The notice of appeal must be filed with the Associate Dean by the appealing student within seven (7) calendar days of the date of the written decision of the Judicial Board or Associate Dean of Student Affairs.
3. The Chair of the College Appeals Board will try to convene the Board and conduct a hearing on the appeal not later than three weeks after the notice of appeal is filed.
   Note: The Appeals Board will meet only during the fall and spring semesters when classes are ordinarily in session and prior to final exams. Students may select to have the Associate Dean (or their designee) hear their appeal during extended holidays and summer school, or defer an appeal hearing until the following semester when classes are ordinarily in session.
4. The Associate Dean shall notify the appealing student, in writing, a date, time, and place of the appeals hearing. A copy of the student’s appeal will be provided to the Chair of the College Appeals Board by the Associate Dean.
5. At the appeal hearing, the basis of appeal, as stated in the notice of appeal, shall be discussed in the presence of the student found to have violated the Student Code of Conduct, their adviser, any person(s) who filed report(s) of the alleged violation of the Student Code of Conduct, and the members of the Board. Arguments and questions may be directed to Board members by all persons identified above with the exception of the student’s adviser. Also, review of the Judicial Board or hearing officer’s hearing records (written report and/or electronic recording) will be permitted. The Appeals Board will not accept additional evidence, but will consider only the records of the previous hearing. The Board can request the Chair of the College Judicial Board and/or the Associate Dean to come to the appeal hearing. The Chair does not vote on Board decisions except in cases of tie votes.
6. The oral proceedings of the Appeals Board hearing (but not the deliberations) shall be electronically recorded and kept as confidential information by the Associate Dean.
7. At the conclusion of the portion of the appeal meeting at which other persons attend, the Board shall deliberate in private to determine its course of action. The Appeals Board may:
1. affirm the original determination and sanction(s) which shall be effective as of the date specified by the Judicial Board or Associate Dean;
2. affirm the original determination and reduce the sanction(s) which shall be effective as of the date specified by the Judicial Board or Associate Dean;
3. reverse the determination and conclude that no violation of the Student Code of Conduct occurred; or
4. disallow the determination and order a new hearing by either the College Judicial Board or Associate Dean.
8. The Chair of the Board within 48 hours of the hearing will present in writing to the Associate Dean its findings determination and sanctions. This written notice will also be sent by the Chair within seven (7) calendar days of the hearing to the appealing student and person(s) who filed the Incident Report. The Chair, at their discretion, may verbally inform the above individuals of the Board’s decision and sanctions at the conclusion of the hearing. The decision and sanctions will be immediately in effect regardless of the student’s or organization’s desire to submit an appeal, and will remain in effect pending the outcome of that appeal.
9. A decision shall be made by a simple majority vote of the voting members present at the hearing. The Chair will vote on the Board’s decisions only in order to break a tie.
10. Only the members of the College Appeals Board, the appealing student(s), their adviser, any person(s) who filed a report(s) of the alleged violation of the Student Code of Conduct, and those other persons deemed necessary by the Board may be present at the appeals hearing.