Community Responsibilities: Judiciary Appeals
Students have the option of appealing a decision made by the Vice President for Student Development to the Student Appeals Committee. The decision of the appellate body will be to uphold, modify (reduce or increase), or reverse (drop) the sanctions. All appeals must be in writing and submitted to the Vice President for Student Development within forty-eight (48) hours of receipt of the disciplinary decision. The Vice President for Student Development will immediately notify the Chair of the Student Appeals Committee of the appeal.
Appeals must be based on at least one of the following:
1. Significant and relevant new evidence, which previously could not have been presented, has since been discovered, secured or made available.
2. The sanctions or decisions levied are unduly arbitrary or unjustified and the student can provide reasonable evidence or apparent cause to support this contention.
3. There was a substantially prejudicial failure to follow fair and proper procedure, and the student has reasonable evidence to prove this.
The chair of the Student Appeals Committee, in consultation with the committee members, will determine if grounds to hear the appeal exist. If these grounds do not exist, the chair will notify the student in writing upholding the Vice President for Student Development's decision. If these grounds exist, the Chair will convene the Committee to hear the appeal within seven (7) business days of receiving the written appeal, unless other wise determined by the Chair. Because a student does not agree with the disciplinary decision does not constitute grounds for an appeal.
Students appealing to a disciplinary sanction of suspension or expulsion may continue attending classes during the course of their appeal unless otherwise directed by the Vice President for Student Development. Students and the Vice President for Student Development will have the opportunity to speak to the Student Appeals Committee when it has convened to hear the appeal at the appropriate time determined by the Chair of the Committee. Other individuals (such as the student's parents) may speak to the Student Appeals Committee at the discretion of the Chair of the Committee and with the permission of the student.
Judiciary Right To Appeal
The individual or committee that made the original or subsequent sanction(s) has the right to appeal decisions that have been changed if it is believed that such decisions are not appropriate. Such appeals will be made to the President of Malone by the Vice President for Student Development, who will represent him/herself or any other individual or group which developed the sanction(s) which are being appealed. Such appeals shall be in writing, made within forty-eight (48) hours of the decision of the appeals committee, and shall present information, evidence and/or rationale, which explain why the original sanction(s) should be maintained.
Removal from Campus in Extraordinary Circumstances
In extraordinary circumstances, it may be in the best interest of Malone and students to immediately remove a student from campus. This will generally occur if there is sufficient evidence to suspect that the student potentially could cause harm to him/herself, to others or to Malone property or facilities. In such cases, decisions regarding such matters will be made by all or a portion of the President's Cabinet. The student will then be required to immediately leave the campus and not return for any reason until a final determination of the case is made. The student will retain all rights granted in the Appeals section of the Abridged Student Handbook, but will not be allowed back to campus until the final decision of the appeal is made.
Notification of Parents/Guardians in Disciplinary Matters
In the Fall of 1998 the 1974 federal privacy act was amended by Congress. This law prohibited colleges and universities from releasing disciplinary records of students 18 years of age or older without their consent. As a result of the amending of this act, colleges and universities were given the option of informing parents/ guardians of alcohol and other drug offenses committed by their students who are under 21 years of age. Thus, Malone reserves the right to contract parents/guardians in the case of alcohol and drug offenses by students under 21.
Notification of Suspension
Parents/Guardians are notified in the event that a student is suspended or dismissed. Furthermore, the Vice President for Student Development reserves the right to contact parents/guardians, or members of the Malone Community (e.g., coaches, advisers, supervisors, etc.) within the limits prescribed by law if it is believed to be in the best interests of the student and Malone.
