31 | P a g e D C B S t u d e n t H a n d b o o k Appeals Committee 1. A decision reached by the Student Conduct Committee or a hearing officer may be appealed to the Student Conduct Appeals Committee within five school days of the decision. The appeal must be in writing, stating the reason for the appeal, and delivered to the Student Services Office. 2. An appeal is limited to a review of the record of the initial hearing and of any documents or evidence, for one or more of the following purposes: a. To determine if the original hearing was conducted fairly, b. To determine if the decision reached regarding the accused student was based on substantial evidence, c. To determine if sanction(s) imposed were appropriate, d. To consider new evidence sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence or facts were not known to the person appealing at the time of the original hearing. 3. After reviewing the matter, the Student Conduct Appeals Committee may: a. Deny the appeal and uphold the decision b. Resolve the matter by discussing the case with as many individuals as they deem necessary c. Remand to the Student Conduct Committee or hearing officer for reopening of the hearing to allow reconsideration of the original determination and/or sanction(s). The decision of this group on remand is final. 4. A review of sanctions by the Student Conduct Appeals Committee may not result in more severe sanctions for the accused student. Following an appeal, the Student Conduct Appeals Committee may reduce or uphold the decision. 5. A decision on an appeal will be made within ten school days of the receipt of the appeal. 6. The imposition of sanctions will normally be deferred during the pendency of appellate proceedings. However, in the interests of the safety of the College community, this stay is at the discretion of the Associate Dean for Student Affairs. Default Proceedings A student or organization who fails to appear before a hearing board or administrator on the date set to answer or contest the charges of a violation of college regulations will be treated as being in default. The result will be that the case will be decided on the information available in the absence of the student’s own statement and the default judgment may be re-examined only upon a showing by the student or organization that the absence was for a good cause. In the case of the student who has left the College rather than appearing before the Student Conduct Committee, the effect of the default judgment will be: The College will inform the student in writing of the complaint and the disciplinary action that has resulted from the ensuing investigation. Forms of Disciplinary Action An individual may be summarily removed from campus when College officials have reasonable cause to believe that his or her continued presence represents an immediate and definite danger to himself or herself or the College community, and its ability to function without undue interruption. One or more of the following sanctions may be used to adjudicate a violation of the College’s student conduct code: Written Warning: This type of sanction consists of a discussion of a student’s misbehavior with the student and a warning of further disciplinary action should there be further misconduct. A written warning is given to the student and a copy is filed in the Student Services Office until the end of the academic year. Disciplinary Probation: This sanction is a warning to the student that his or her continued enrollment is dependent upon his or her good behavior for a specified period of time. Disciplinary probation may also include removal from a residence hall, suspension from any office in any student organization, prohibition from representing the College in any manner, or the restriction of activity in some other specific area. Disciplinary Suspension: Disciplinary suspension is the temporary withdrawal of the privilege of attending the College. Refunds will be made on the same basis as voluntary student withdrawals. Suspension may be deferred to allow completion of an academic term after which it is automatically invoked. During a period of deferment, the suspension will be enacted immediately if additional misconduct occurs. An application for readmission following suspension must be made through the Student Services Office. Students on disciplinary suspension may not apply for readmission for least one year following their suspension. Fines: Fines may be levied against students for violations of college policy. A fine may be the only form of disciplinary action taken against a student or it may be used in conjunction with any other sanction listed here. Restitution: Students will be required to reimburse the College or any other parties for damages incurred. This compensation can take the form of appropriate service and/or monetary or material replacement. In some instances, fines, and other forms of disciplinary action in addition to restitution will be imposed. Voluntary Withdrawal: In some cases, the circumstances surrounding a student’s infraction of college rules will result in a mutually agreeable, voluntary withdrawal from the College by the student. Loss of Privileges: A denial of specified privileges for a designated period of time. Discretionary Sanctions: In an attempt to make disciplinary action fit the offense, other forms of action not listed here may be taken. They might include work assignments, written reprimands, required counseling, loss of employment, disqualifications, or residence hall suspension, or probation . Sanctions are described in the Residence Hall Handbook.