Section VII

College Appeals Board Responsibilities

6.1 Responsibility in Cases Involving Academic Rights of A Student (section 2.0)

Within ten calendar days of receipt of a student request for a hearing, the Chair of the Appeals Board will convene the Board to determine if the alleged offense falls within section 2.0, and if the student's appeal falls under the authority of the Appeals Board. If the offense does not fall within this section, the Chair of the Appeals Board shall notify the student and appropriate college officials within four calendar days after the Board’s determination. The notice shall contain the reasons for the Board’s denial of the student’s request for a hearing.

If the Appeals Board determines that the alleged offense falls within Section 2.0, and that the student’s appeal falls under the authority of the Appeals Board, then within five calendar days the Chair of the Appeals Board shall invite the instructor, division chair, and chief executive officer to file statements with the Appeals Board. Such statements shall be filed within ten calendar days after the receipt of the invitation. Within ten calendar days of receipt of these statements, the Appeals Board shall review the appeal and associated statements and decide by majority vote whether to grant a hearing in the case.

The decision of whether a hearing will be granted shall be communicated in writing within five calendar days of the decision to the student, instructor, division chair, and chief executive officer with reasons for the decision.

If the Appeals Board decides not to hear the case, the student has no further right to appeal within the system.

If the Appeals Board decides to hear the case, it will establish procedures (including a schedule) and notify the student, instructor, division chair, and the chief executive officer or designee. All parties shall have the opportunity to appear at the hearing and to present oral and written evidence in support of their positions. The Appeals Board may call for further evidence as it deems appropriate. The hearing shall be held, and a final decision made by the Board within twenty calendar days after the decision to hear the case. The decision of the Appeals Board is final, and the student has no further right to appeal within the system. (See section 6.2.1.)

6.2 Responsibility in Cases Involving Student Academic Offenses (section 3.0)

6.2.1 KCTCS Chancellors’ Approval of the Suspension/Expulsion Sanction

When hearing a disciplinary case in which the instructor and the chief executive officer have recommended actual suspension or expulsion, the Appeals Board may concur with the instructor and chief executive officer or designee (chief academic officer) and shall recommend to the KCTCS Chancellors’ Office for approval and implementation of the sanction of actual suspension or expulsion. Suspension or expulsion decisions may be appealed to the KCTCS Board of Regents pursuant to KRS 164.370. The Chancellor(s) shall notify the student of the decision in writing. Within thirty (30) days of the delivery date of the Chancellors’ decision, an appeal may be taken to the KCTCS Board of Regents pursuant to KRS 164.370.