Appeals Procedure

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College policy dictates that a student subjected to academic or disciplinary response may appeal the ruling before the Student Appeals Committee.  If dissatisfied with the judgment of the Appeals Committee, the student, complainant, or the administrative officer of the College may appeal to the College President for a disposition of the case.

Student Appeals

Students have the right to a fair hearing. Procedural requirements are not as formal as those existing in the civil or criminal courts of law. Weatherford College will follow the procedures listed below to ensure fairness to all.

 

Appeals Committee:

In cases where the accused student disputes the facts and/or penalties upon which the charges are based, the Student Appeals Committee shall hear such charges. The Student Appeals Committee will be comprised of three faculty representatives, one Student Services Administrator, one Student Advisor, and one student government representative. When appropriate, the appeals committee will include one or more branch campus/education center representatives. The committee shall preside over a fair hearing for the student and the institution’s administration. Counsel may represent the student and the institution at the appeals.

 

Notice:

The appeals committee shall notify the accused student by letter, telephone, or email of the appeals date, time, and location. Unless the student and the appeals committee otherwise agree, the appeals shall take place within seven class days after the letter's date. If the student has been suspended, the appeals shall take place as soon as possible. 

 

Contents of the Notice:

The notice shall:

  1. Direct the student to appear at a specified time, date, and location.
  2. Advise the student of their rights:
    1. To be represented by counsel at the appeals.
    2. To call witnesses, request copies of evidence in the District’s possession, and offer evidence on their behalf.
    3. To have the appeals recorded verbatim and have a stenographic digest made of the recording.
    4. To ask questions of each witness who testifies against the student.
  3. Contain the names of witnesses who will testify against the student and a description of documentation and other evidence that will be offered against the student.
  4. Contain a copy or description of the complaint in sufficient detail to enable the student to prepare their defense against the charges.
  5. State the proposed consequences or range of consequences that may be imposed.

Failure to Appear for Hearing:

Except in cases of a student charged with failing to comply with College authority, no student may be found to have violated programmatic rules/regulations solely because the student failed to appear before a disciplinary body. In all cases, the information supporting the charges shall be presented and considered.

 

Hearing Procedure:

The appeal shall proceed as follows:

  1. The appeal chairperson shall read the complaint.
  2. The appeal chairperson shall inform the student of their rights.
  3. The designated official or representative shall present the institution’s case.
  4. The student or representative shall present their defense.
  5. The designated official or representative shall present rebuttal evidence.
  6. The designated official or representative shall summarize and argue the institution’s case.
  7. The student or representative shall summarize and argue their case.
  8. The designated official or representative shall have an opportunity for a rebuttal argument.
  9. The hearing committee may take the matter under advisement for 24 hours before rendering a decision unless more time is needed to conduct further investigation, as determined by the committee chair. The decision shall be made by a majority vote.
  10. The decision shall be communicated to the student in writing within 15 business days of the hearing.
  11. The appeal Chairperson may approve deviation to an appeal proceeding if it does not alter the hearing's fundamental fairness.

Evidence:

Evidence shall be handled according to the following:

  1. Legal rules of evidence do not apply; the appeal chairperson may admit evidence that is commonly accepted by reasonable persons in the conduct of their affairs. The appeal chairperson may exclude irrelevant, immaterial, and unduly repetitious evidence.
  2. At the appeal, the College District shall be required to provide evidence that the charges are accurate.
  3. A student may not be compelled to testify.
  4. The appeal committee shall decide the issue and determine an appropriate penalty, when indicated, solely based on the hearing evidence.
  5. A tape recording shall be made of the appeal. Committee deliberations will not be recorded. A stenographic digest of the recording shall be made at the student's expense if needed for an appeal. The student may request and shall be given provided a copy of the digest. A student defendant or their representative may listen to the tape recording and compare it with the digest. At their expense, a student may have a stenographer present at the hearing to make a stenographic transcript of the hearing.

Decision:

The appeals committee shall render a written decision as to the accused student’s guilt or innocence of the charges. The committee may either uphold the prior determination or alter it, in total or part, at its discretion. If the committee finds the student guilty, it shall include facts in support of its decision. The Vice President of Academics and Student Services or designee shall administer the penalty if any.

 

 

Petition to the College President

Within ten College District business days of receiving notice of the appeal committee’s decision, a student may petition in writing the College President to review the decision. The student’s petition shall state with particularity why the decision is believed to be incorrect. After receiving notice of the appeal, the appeals committee chairperson shall forward all evidence considered during the hearing, the audio recording of the hearing, and the digest of the hearing, if applicable, to the College President.

 

The College President shall hold a conference with ten College District business days after the appeal notice is filed. At the conference, the student may provide information concerning any documents or data referenced by the committee. The College President may set reasonable time limits for the conference. The conference shall be audio recorded.

 

The College President shall provide the student with a written response, stating the basis for the President’s decision, within ten College District business days following the conference. In reaching a decision, the College President may consider the evidence included in the student’s petition, provided during the conference, and forwarded by the committee chairperson. The College President may affirm, modify, remand, or reverse the appeals committee's decision.

 

If the College President affirmed or modified the appeals committee's decision or if the time for a response has expired, the student may appeal the decision to the College Board of Trustees. The appeal notice must be filed in writing, on a form provided by the College District, within ten College District business days after receipt of the College President's written response, or, if no response was received, within ten College District business days of the response deadline.

 

Expulsion Hearing

If the Vice President of Academics and Student Services or designee determines that the student’s misconduct warrants expulsion [see Charges and Hearings, above], the Board shall convene to conduct an expulsion hearing. The College President or designee shall inform the student of the date, time, and place of the Board meeting at which the appeal will be on the agenda for presentation to the Board. The notice shall contain the contents described at Appeals Committee—Contents of Notice, above.

 

The College President or designee shall provide the Board the documentation presented by the College President.

 

The Board shall proceed according to the procedures set out at Appeals Committee—Failure to Appear for Hearing, Appeals Procedure, and Evidence, above.  In an appeal to the Board of Trustees, the Board shall be understood to serve as the committee, and the presiding officer of the Board substituted for the committee chairperson.

 

Hearing Records:

The disciplinary records and proceedings shall be kept confidential and separate from the student’s academic record.