Student Appeals to the Board of Trustees

POL 01.05.11

Board of Trustees

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Authority: Board of Trustees

History: First Issued: July 14, 2003. Additional History Information.

Contact Info: Vice Chancellor and General Counsel (919-515-3071). Vice Chancellor for Student Affairs (515-2446)

1. Introduction

1.1 These procedures apply to the handling of student conduct code disciplinary appeals and grievance appeals at the level of the Board of Trustees of North Carolina State University. By delegation of the Board of Trustees, the Student and Campus Affairs Committee has authority to hear appeals in student disciplinary cases and appeals in non-disciplinary grievances. If the Student and Campus Affairs Committee decides to reverse the decision of the administrator whose decision is appealed to the Committee, the Committee's decision must be approved by the full Board of Trustees.

1.2 The Office of the Vice Chancellor for Student Affairs, in consultation with the Office of Legal Affairs, is responsible for scheduling all appellate hearings and complying with the posting requirements of the North Carolina Open Meetings Act.

1.3 The Office of Legal Affairs is responsible for compiling the record on appeal, ensuring that the administrator whose decision is being appealed is provided an opportunity to respond to the notice of appeal, and notifying the parties of the scheduled hearing date.

2. Notice of Appeal and Official Record

2.1 A student appealing a decision of the Provost and Executive Vice Chancellor for Academic Affairs (or designee) or the Vice Chancellor for Student Affairs (or designee) must file a written notice of appeal with the Chancellor's Office within ten calendar days of receipt of the decision from which the student is appealing.

2.1.1 The Chair of the Student and Campus Affairs Committee is authorized to determine all jurisdictional matters pertaining to the appeal and to grant extensions of time for good cause shown.

2.1.2 The Chair may dismiss any appeal that is untimely filed, that does not address the grounds for appeal, or that otherwise does not follow the requirements of Section 18 of the Student Conduct Code Procedures for disciplinary appeals or the requirements of Section 14 of the Student Grievance Procedures.

2.2 Upon receipt of the student's notice of appeal, the administrator whose decision is being appealed will be provided an opportunity to submit a written response to the Committee. A copy of the response shall be provided to the student at the time it is provided to the Board of Trustees.

2.3 The official record of the disciplinary hearing will be compiled by the Office of Legal Affairs and provided to the Student and Campus Affairs Committee. The record shall include a transcript of the hearing, exhibits introduced at the hearing, the hearing board or hearing officer's decision, a copy of the administrator's decision, the student's appeal, the administrator's response, if any, and any other relevant information. The student and administrator will be provided an opportunity to comment on the record. Disputes regarding the contents of the record will be resolved by the Chair of the Committee, who may but is not required to consult with the Committee.

3. Consideration of the Appeal

3.1 As soon as the record is compiled and provided to the Student and Campus Affairs Committee, the Office of the Vice Chancellor for Student Affairs will schedule a time for the Committee to consider the appeal and to notify the student and administrator. The meeting shall be posted in accordance with the North Carolina Open Meetings Act.

3.2 The Committee shall decide the appeal based upon the student's appeal statement, a response to the appeal statement, if any, and the record of the disciplinary proceedings conducted below. Oral argument is not scheduled and additional evidence is not taken. However, the Committee reserves the right at its sole discretion and initiative to schedule oral argument if it believes that such argument will be of assistance in deciding the matter. The Committee's consideration of the appeal shall be conducted in a closed session of the Committee.

3.3 Following its review, the Committee may decide:

3.3.1 to affirm the decision of the administrator.

3.3.2 to reverse or modify the decision of the administrator. Such reversal or modification shall take place only upon a showing by the student of clear and material error on the part of the administrator.

3.3.3 to remand the matter for further proceedings. A remand may be ordered when there is a finding that prejudicial procedural error was committed, or that new and significant material evidence has become available that was not available previously to person exercising reasonable diligence, which evidence could have affected the outcome of the proceeding.

3.3.4 If the committee's decision is other than to affirm the decision under appeal, the matter is forwarded to the full Board of Trustees who shall decide the appeal.

3.4 The Assistant Secretary to the Board of Trustees shall notify the student of the outcome of the appeal. The notification will inform the student of his or her right to seek review of the decision by the President or the Board of Governors of the University of North Carolina, as may be applicable.