Due Process for Students

Students have the right to appeal following the Judicial Process. Students will receive a written verification of their violation and the disciplinary action to be imposed. The student has the right to appeal the disciplinary action to the Judicial Council. A standing Judicial Council for each campus is appointed by the College President. The Council is comprised of 5 members of the administration/faculty and 2 students.

The steps are:

1. The student must file a written request with the appropriate administrator as designated in their disciplinary letter within 3 days of receiving written notice, stating the grounds for the appeal.
2. The appropriate administrator will notify the student forty-eight hours in advance as to the time and place of the appeal hearing. If the student fails to appear at the hearing and does not contact the appropriate administrator the day of the hearing regarding the nonattendance, the appeal process will end.
3. The Judicial Council will conduct the appeal by parliamentary procedures with the following policies, procedures and rights in effect for all cases.
   1. Minutes of the proceeding will be taken. A tape recorder may also be used. The minutes are on file in the appropriate administrative office on each campus.
   2. The chairperson in the presence of the student will present the charges and evidence to support the charges.
   3. The student may present their case with the aid of witnesses.
   4. The student may be accompanied by an advocate. If the advocate is an attorney, the VP of Student Services must be notified 48 hours prior to the hearing.
   5. The student, not the advisor, is responsible for presenting their case.
   6. All individuals appearing at the hearing will be asked to sign a statement attesting to the truth of their statement.
   7. The Council will be responsible for deciding on the guilt or innocence of the accused and if the disciplinary action imposed was appropriate. The decision is based solely on the facts presented; the committee will not have advanced notice of any facts (only the chairman).
   8. After hearing all evidence, the Council will deliberate in executive session. All decisions are by majority vote and the chairman only votes if there is a deadlock.
   9. The decision of the Council will be given to the student in writing.
   10. All hearings will be closed to the public.
4. The student has the option of accepting the Council’s decision or appealing to the Office of the President. An appeal to the President must be a written request within three (3) days of the Council’s notice stating the grounds for the appeal.
5. The President’s review of the student’s appeal will be on the record alone, the student has no right of appearance or presentation.
6. The decision of the President will be the final appeal at EMCC. The student will be notified of the decision in writing.