Students of Beaufort County Community College have the right to
appeal determinations affecting their
grades, eligibility to take courses, and/or participation in
curricula or extracurricular programs and
events.
Such appeals are to be heard and determined as follows:
1. The Student Appeals Committee (SAC) has original jurisdiction
over student appeals. The SAC will (a)
conduct hearings upon appeal by students from
determinations affecting their grades, eligibility to take
courses, or participation in curricula or extra-curricula programs
and events; (b) provide at such hearing an
opportunity to explain and justify their determinations; and (c)
decide each appeal upon its merits.
2. The Dean of Student Services (DSS) will be responsible for the
coordination of the appeals procedure. The
DSS shall provide each student with a copy thereof.
3. A student wishing to appeal an action or determination affecting
him/her, as above provided, shall file
notice of such appeal with the DSS no later than three
business days after the student has received actual notice of
the action or determination appealed.
4. The DSS, upon receipt of a notice of appeal, shall immediately
notify the chairperson of the SAC of
receipt of the Notice of Appeal. The chairperson of the
SAC shall set a hearing date which shall be no later than ten
business days from the date of receipt of
the notice of appeal by the DSS. The chairperson of the SAC
shall provide notice of such hearing and time, place, and
date to the student; to any person named
in the Notice of Appeal; to the DSS; and to all members of the
SAC, in writing, at least five days prior to the hearing
date.
5. Upon hearing of the appeal by the SAC, the following should occur
or be considered:
A. A tape or stenographic recording of all proceedings (other
than deliberations of the SAC which
shall be in private) before the SAC shall be made.
B. The student may appear and may be represented by counsel. The
student or the student’s counsel may
introduce evidence and the testimony of
witnesses, may present arguments, and may cross-examine
witnesses or BCCC.
C. BCCC, or any officer or employee of BCCC whose action or
determination is being appealed, may
appear and may be represented by counsel, with
the right to introduce evidence and the testimony of
witnesses, to present arguments, and
cross-examine witnesses for the student.
D. The members of the SAC may address questions to any party or
witness.
E. The SAC will decide the appeal within two business days after
adjournment of the hearing by majority
vote of the members of the SAC attending the
hearing.
F. The SAC will immediately provide the DSS with a summary of
its decision and the DSS will
immediately notify all parties to the appeal.
6. A student may appeal an adverse decision of the SAC to the
Administrative Council (the Council) by
giving notice of such appeal to the DSS within five
business days after receipt of notification of the decision
of the SAC. The DSS will immediately
notify the President of such appeal and provide a transcript of
the former hearing to the President, together with any
material introduced into evidence at the
former hearing.
7. With in ten business days after the President has received the
Notice of Appeal and transcript, the
Council shall meet and consider whether to entertain the appeal.
If the Council decides not to entertain the appeal, it shall
so notify the DSS who shall immediately
notify the student. In such event the student may, within five
business days after receipt of such notification, request the
Board of Trustees of the College, by
letter to the President, to entertain such appeal. The President
will immediately transmit such letter,
together with the notice of appeal and transcript
of the former hearing to the chairperson of the Board of
Trustees of BCCC. The Board of Trustees of
BCCC (the Board) shall decide whether to entertain such
appeal within twenty business days after receipt of the
student’s letter requesting Board review
by the President. If the Board declines to hear such appeal, the
President will immediately notify the student and the
student’s extrajudicial remedies shall
have been exhausted. If the Board decides to hear such appeal, it
will set a time, date, and place for such hearing (which
shall be within the next twenty business
days), and the President will immediately so notify the student
and all other parties named in the Notice of Appeal.
8. If the Council decides to entertain the student’s appeal from the
SAC, it will set a time, date, and place
for such hearing (which shall be within the next ten class
days), and the President shall immediately notify the student
and all other parties named in the Notice
of Appeal.
9. An appeal entertained by the Council shall be decided by majority
vote (after private deliberation) of the
members of the Council present at the hearing. The
decision of the Council shall be made within two business
days after the hearing, and the President
will immediately provide the student with a summary of such
decision.
10. A student may appeal an adverse decision of the Council to the
Board by giving a “Notice of Appeal” to
the President within fi ve business days after notice to
the decision of the Council. Thereafter, proceedings before
the Board shall be as
specified in Section 7 hereof. Upon the decision of the Board not to
entertain a student’s appeal from the
Council, or upon its adverse decision upon hearing such
an appeal, the student’s extrajudicial remedies shall have
been exhausted.
11. Any hearing of an appeal before the Council or the Board shall
be upon the record of the former hearing(s)
only. The student and BCCC or its appropriate
employees or officers may be present and represented by
Council and may address arguments to the
hearing body. No party to the appeal at such hearing may then
introduce evidence or testimony unless the presiding member
of the hearing body determines that such
evidence or testimony was previously unavailable or could
not have reasonably been produced at the hearing before SAC.
In the event such evidence or testimony is
admitted, the parties or their counsel shall have the right
to examine and cross-examine witnesses only with regard to
such new evidence or testimony and shall
state the student’s desire to so appeal.
12. A “Notice of Appeal” to the SAC shall contain a concise
statement of the action or determination
appealed and the reasons the student feels such action or
determination was wrongful. It shall name all persons known
to the student who participated in such
action or determination and shall state the student’s desire to
appeal the SAC.
13. A “Notice of Appeal” from decisions of the SAC or Council shall
identify the student appealing, the
decision being appealed, and shall state the student’s desire
to so appeal. “Transcript” is a
written summarization of all evidence and testimony presented
upon hearing. Arguments of parties or their counsel shall not
be a part of the “transcript” unless they
are submitted to the hearing body appealed from in
writing. A “business day” is any
weekday, exclusive of legal holidays and days during
which BCCC is not open for business, without regard to
whether classes are actually in session.
All notices herein provided to be given shall be in writing
and are deemed to be given if delivered to
the person entitled to notice personally, or mailed to the
address as reflected in the records of BCCC.
Individuals having questions may contact
Sandra Sauve,
Dean of Students, 940-6216.
.