Appeals Procedure
A student who disagrees with the decision of the vice president/designee may request a hearing before the Disciplinary Review Committee. This request must be submitted in writing to the vice president/designee within three (3) working days after receipt of the decision.
The vice president/designee shall refer the matter to the Disciplinary Review Committee together with a report of the nature of the alleged misconduct, the name of the complainant, the name of the student against whom the charge has been filed, and the relevant facts revealed by the vice president's/designee’s investigation.
Committee Composition
Membership of the Disciplinary Review Committee shall be composed of the following:
- One faculty member and one staff member appointed by the president of the College.
- One student member appointed by the Student Government Association and approved by the president of the College.
- The president will appoint one administrator/hearing officer/decision-maker to serve as committee chairperson.
- Committee members will serve a two-year term, beginning in January and ending in December. Replacements will be appointed by the president or student Government Association (SGA) if necessary.
- Title IX complainants will be handled according to the Title IX grievance procedure.
*The three faculty/staff members and the chairperson appointed by the president of the College will serve as the Disciplinary/Grievance Review Committee for all Title IX cases.
Procedure for Hearings Before the Disciplinary Review Committee
Procedural responsibilities of the vice president/designee: The Review Committee must meet within twenty (20) working days of receipt of a request for a hearing. At least five (5) working days prior to the date set for the hearing, the vice president/designee shall send official communication to the student's college issued email account providing the student with the following information:
- A restatement of the charge or charges.
- The time and place of the hearing.
- A statement of the student’s basic procedural rights.
- A list of witnesses.
- The names of committee members.
Basic procedural rights of students include the following:
- The right to counsel. The role of the person acting as counsel is solely to advise the student. The counsel shall not address the committee. In cases of sexual misconduct, the accuser and accused can have an advisor/attorney of their choice present during the disciplinary hearing. Sexual misconduct hearings will follow guidelines outlined in the Sex Discrimination and Harassment policy.
- The right to produce witnesses on one’s behalf.
- A complainant or respondent may not question one another or other witnesses directly, but may submit questions to the hearing panel, which will determine whether the questions will be asked.
- The right to request, in writing, the president to disqualify any member of the committee for prejudice or bias. (The request must contain justification.) A request for disqualification, if made, must be submitted at least three working days prior to the hearing. If such disqualification occurs, the appropriate nominating body shall appoint a replacement to be approved by the president.
- The right to present evidence.
- The right to know the identity of the person(s) bringing the charge(s).
- The right to testify or to refuse to testify without such refusal being detrimental to the student.
- The right to appeal the decision of the committee to the president who will review the official record of the hearing. The appeal must be in writing, and it must be made within three working days of the completion of the hearing.
The Conduct of the Committee Hearings
Hearings before the committee shall be confidential and shall be closed to all persons except the following:
- The student.
- Counsel and/or, in cases of sexual misconduct, Advisors.
- Witnesses
The hearing will be recorded. Recordings will be used for transcription purposes. Deliberation of the committee will not be recorded.
The committee shall have the authority to adopt supplementary rules of procedure consistent with this code.
The committee shall have the authority to render written advisory opinions concerning the meaning and application of this code.
Upon completion of a hearing, the committee shall meet in executive session to determine concurrence or non-concurrence with the original finding and to recommend sanctions if applicable.
Decisions of the committee shall be made by majority vote.
Within two working days after the decision of the committee, the vice president/designee shall send communication to the student's official Johnston Community college (JCC) email account with the committee's decision.
Appeal to the President
A student who refuses to accept the findings of the committee may appeal in writing to the president within five (5) working days after receipt of the committee’s decision. The president shall have the authority to:
- Review the findings of the committee's proceedings.
- Hear from the student, the vice president, and the members of the committee before ruling on an appeal.
- Approve, modify, or overturn the decision of the committee.
- Inform the student in writing (through his/her official JCC student email account) of the final decision within 10 working days of the receipt of the appeal.