F-17: Student Due Process
Adoption Date: 09/17/90 | Revision Date: 05/18/98 | Revision Date: 09/23/08
Prairie State College shall recognize that all students have the right to due process when charged with an alleged violation of a rule, policy, or regulation of the College. In the event that an alleged infraction cannot be resolved within the counseling/guidance mode, the College’s judicial officer, as designated by the College President, may impose disciplinary actions. Should the student wish to appeal the decision and imposed actions, he/she may request a hearing to review the matter. The judicial officer may also mandate such a hearing.
The due process for handling student disciplinary matters shall be as follows:
- Upon receipt of a report of an alleged violation, the student shall be informed by the judicial officer (or designee) that such a report has been received. The student shall be advised that he/she must respond to the notification of alleged misconduct within seven (7) days whereupon the judicial officer will seek to rectify the situation informally (via the counseling/guidance mode).
- In the event that the matter cannot be rectified normally, the judicial officer may impose appropriate disciplinary actions or mandate that a judicial hearing be conducted. Notification of disciplinary actions or of a hearing will take place within five (5) days.
- The student has the right to appeal the decision by requesting in writing to the judicial officer within five (5) days of receipt of the notification of disciplinary action that a judicial hearing be conducted.
- The judicial officer will convene the hearing in accordance with established procedures. Said hearing is to be conducted in a manner consistent with procedural due process and "fair play;" however, it is not to be unduly restricted by rules of evidence or judicial formalities. The object of the hearing is to ascertain the truth of the allegations at hand and to do so with dispatch, propriety, and respect for the rights of all parties involved.
- The Student Appeals Committee, appointed by the Vice President of Academic Affairs, shall serve as the judicial board for formal hearings. All actions taken by this body are to be decided by a majority vote.
- The Student Appeals Committee shall be comprised of five (5) members: two (2) faculty representatives, two (2) student representatives, and one (1) administrative representative. The Student Appeals Committee shall establish its own internal operating procedures consistent with due process.
- In the event that the student is found to be responsible for the charges brought against him/her, the Student Appeals Committee will uphold the disciplinary actions imposed by the judicial officer and/or have the authority to recommend the imposition of other actions.
- Upon official receipt of notification of the appeal outcome, the student may then
appeal this decision by submitting a written request within five (5) days to the College
President. The written appeal must state the reason for the appeal and supply information
to substantiate the reason(s) stated. Such an appeal will only be considered for any
one or more of the following reasons:
- The disciplinary action was too severe;
- Additional pertinent information is available which was previously not available;
- College regulations were not correctly applied; and/or
- The College's due process procedures were not followed correctly.
- Upon receipt of a legitimate request for appeal, the President will either review the matter himself/herself and make a determination or form an ad hoc appeal committee to review the matter and submit a recommendation.
- Should the President determine that a rehearing is called for, he/she shall convene
such a hearing as soon as possible. Individuals present shall include the student,
his/her advisor (if any), a representative of the judicial board, and others designated
by the President. If the student’s advisor is an attorney, the College may have legal
counsel present. The outcome of this second hearing will be one of the following:
- An affirmation of the original decision of the Student Appeals Committee;
- An acceptance of the appeal and a decision to return the case to the Student Appeals Committee for a rehearing within seven (7) days; or,
- A modification of the decision and/or disciplinary action.
- Requests for review of the decision rendered from this second appeal are to be submitted in writing within five (5) days to the Board of Trustees whose decisions are final.