The respondent or complainant may request that the chancellor review the dean of health sciences’ decision from an appeal only where the sanction imposed is expulsion or a suspension of more than ten (10) college business days. The request must be made within five (5) college business days of the dean of health sciences decision. The request for review must be made in writing to the vice chancellor for student affairs. If the respondent or complainant, if applicable, chooses not to seek a review or does not request a review by the appropriate date, the decision of the dean of health sciences will go into effect as specified.
Any request for review by the chancellor shall include the following:
- the name of the individual requesting the review;
- the decision being reviewed;
- the reasons for the review; and,
- any other information the person requesting the review believes is important
- A decision can be reviewed for the following reasons only as determined by the vice chancellor for student affairs:
- new information that alters the finding of fact and was not readily available at the time of the hearing;
- a procedural error that materially or unfairly affected the outcome;
- the sanction imposed is excessive or disproportionate to the offense(s); and/or,
- conflict of interest or bias on the part of person(s) who participated in the decisions.
When a request for review has been timely filed or has otherwise been accepted with an extension, the vice chancellor for student affairs will review the substance of the request and may take either of the following actions:
- deny the request if a proper basis for review has not been identified or,
- send the record of the hearing, the vice chancellor for student affairs’ decision and the request for review to the chancellor.
- The vice chancellor for student affairs’ decision to grant a review by the chancellor is final.
The standard of review will be the preponderance of the evidence and the chancellor will give presumptive weight to the decision of the vice chancellor for student affairs. The decision of the chancellor will be final and is not subject to further appeal or review.
The chancellor can affirm, vacate or modify the vice chancellor for student affairs’ decision in whole or in part. The chancellor may also remand the matter to a student conduct panel for an appeal hearing if one was not previously conducted or for an additional appeal hearing for further fact finding. The decision of the chancellor will be sent in writing simultaneously to the respondent and the complainant.
Chancellor Review Appeal Extensions
Within five (5) college business days from receipt of the vice chancellor for student affairs’ decision from an appeal or appeal hearing, the respondent or complainant may request an extension of time to request a review by the chancellor:
An extension will be granted only for serious illness or injury of the respondent/complainant, serious illness or injury of the respondent’s/complainant’s immediate family, or death in the respondent’s/complainant’s immediate family.
The request for an extension must be made in writing to the vice chancellor for student affairs and include documentation supporting the reason for the needed extension such as an obituary notice, doctor’s note, etc.
Within five (5) college business days from receipt of the request for an extension, a written decision on the request will be sent to the requesting student. If the college grants an extension, the decision will include the length of the extension and the new date by which the student must submit a review request.
The decision of vice chancellor for student affairs concerning a request for a time extension to submit a request for a review by the chancellor shall be final.
The college will grant students with disabilities a reasonable amount of time to request a review when a student’s disability impacts or limits the student’s ability to request a review within the deadline of five (5) college business days after receipt of the vice chancellor’s decision. Upon receipt of an untimely request for review from a student with disabilities, the vice chancellor for student affairs, in consultation with the director for disability support services, will determine if the student’s untimely request for review was due to a disability impacting or limiting the student’s ability to request a review within the 5-day deadline. The vice chancellor for student affairs’ decision to grant or deny the review is final, and notification of the decision will be made in writing within five (5) college business days.
The chancellor may appoint a person to act for the chancellor concerning any process set forth in this section.