21.0 Appeal Procedures

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21.1 Right to Appeal

  1. Students have the right to appeal any disciplinary outcome and/or imposed sanction issued by the Conduct Officer or Disciplinary Board. Appeals may address concerns regarding matters related to the Code of Conduct, Title IX, Academic Grievance procedures, Health Careers Handbook violations, or Athletic Handbook violations.
  2. The appeal request must be typewritten and must state the grounds for appeal to the appropriate office as designated in the original outcome letter.
  3. For Title IX determinations, both the victim and/or complainant and the respondent have a right to appeal.

21.2 Appeal Basis
Appeals can only be based on one or more of the following:

  1. A procedural error occurred.
  2. The findings of fact in the decision contain inaccurate information.
  3. New information not offered during the investigation that would substantially change the outcome of the finding is now available. In such cases, the new information must be described.
  4. The sanction imposed is lenient, excessive or otherwise disproportionate with the violation.

21.3 Appeal timelines
Appeals must be submitted in writing (student email, mail, or appeal form) to the individual designated in the outcome letter within 10 business days after the date on the letter of the determination.

  1. If a student does not appeal within the 10 business day period, the outcome determination will be final.
  2. Within 10 business days after receipt of the appeal request, appellate office will decide if the appeal meets one of the above enumerated grounds of appeal.
  3. When an appeal is filed, the sanctions are not enacted until a final decision is made by the appellate body, except in cases of an interim suspension, campus access restriction or if it is determined by the vice president for student affairs or designee that the student poses a threat to the safety or welfare of the college community.

21.4 Burden of Proof
The burden of proof at the appellate level rests with the student requesting the review to clearly demonstrate that an error has occurred during the disciplinary process. Appeals are not re-hearings of the case but reviews of the alleged error based on the stated grounds for appeal.

21.5 Appellate Forums
The vice president for student affairs or designee has the authority to refer the request for an appeal to an appeals review board, other appellate body or college administrator.

21.6 Appeal Process

  1. Appellate Review
    1. The appellate body will review the appeal within 10 business days of receiving it. Additional time may be granted at the discretion of the Vice President for Student Affairs or designee.
    2. The review will be limited to the stated grounds for appeal.
    3. The appellate body will review all relevant materials and determine if a valid basis for appeal exists.
    4. If a valid basis is found, an appellate conference will be scheduled, and the student will be notified in writing of the date and time.
    5. If no valid basis is found, the student will receive a written denial within 5 business days of the appeal decision, including the rationale for the decision. The appellate body’s decision is final.
  2. Appellate Conference Procedures
    1. If an appeal is granted, the appellate conference will be held within 10 business days of that decision.
    2. The conference may be audio recorded as deemed necessary by the appellate body.
    3. The conference may include:
      1. Questioning of any party involved, limited to the established grounds for appeal.
      2. Attendance by the Respondent or, in applicable cases, the victim/complainant, who may each bring an advisor (advisors may not speak on the student’s behalf).
    4. If the Respondent fails to appear, the conference will proceed in their absence, and the appellate decision will stand as final college action.
  3. Appellate Decisions
    1. After an appellate conference, the appellate body may:
      1. Uphold the outcome decision
      2. Reverse the outcome decision and dismiss the case.
      3. Modify the outcome decision.
      4. Modify the disciplinary action(s) and/or sanction(s) rendered by the outcome decision.
    2. Sanction deadline dates may be changed to reflect the time taken to complete the appeals process.
    3. Decisions of the appellate body constitute final action on behalf of the college.

21.7 Appeal Notification

  1. The appellant will be notified of the final appeal decision via KCC student email or by certified mail (return receipt upon request).
  2. The final appellate decision will be sent in writing within 10 business days of the conference, unless additional time is required.
  3. In Title IX appeals, both the complainant and respondent will receive the written appeal decision after the conclusion of the appeal review.