For cases where a sanction DID NOT include Suspension or Expulsion:
Students may appeal a decision of the Student Conduct Administrator. The appeal must be made in writing within 48 hours of the electronic notification of the decision the Dean of Students, or designee, at DOS@sunybroome.edu.
The submitted letter of appeal should clearly identify the basis for the appeal. Appeals must be made on at least one of the following two reasons:
- New evidence: information relevant to the incident that is discovered and brought forth after the original hearing that may influence the outcome of the decision
- Violation of due process: not being informed of alleged violations and not being provided the opportunity to discuss the incident
- Failure to show up, or show up on time, for a scheduled hearing is not cause for an appeal
The Dean of Students, or designee, will determine if an appeal should be granted. Notification of the decision will be made to the student within three (3) business days.
Should the Dean of Students find that the information presented by the student warrants a new hearing, the Dean will call together a Student Conduct Appeals Board to rehear the case.
For cases where a sanction DID include Suspension or Expulsion:
Students who were found responsible for violating the SUNY Broome Community College Rules of Student Conduct, and the assigned sanction is Suspension or Expulsion, have the right to have an appeal hearing without providing cause. The appeal request must be made in writing within 48 hours of the electronic notification of the decision to the Dean of Students, or designee, at DOS@sunybroome.edu.
Depending upon the severity of the disciplinary violations, a suspended or expelled student may or may not be permitted to attend class during the appeal hearing process.
Preparing for the Appeal:
If a student is granted the opportunity to appeal, all attempts will be made to have the conduct case reheard within ten (10) business days of the appeal hearing being granted. In the event that a student requests an appeal hearing during the last two weeks of a semester all efforts will be made to facilitate the hearing prior to the end of the semester, but may be held as soon as possible the following semester.
Prior to the scheduled Student Conduct Appeals Board session, any written statements by witnesses or involved persons will be supplied to the charged student by the Student Conduct Appeals Board.
Student Appeal Hearings are not a court of law. They are conducted by the Student Conduct Appeals Board and not bound by the technical rules of evidence. They may hear or receive any testimony or evidence which is relevant and material to the issues presented which will contribute to a full and fair consideration of the charge. A student, against whom the charges are made, may appear with a representative of their choice. However, the student must address the Student Conduct Appeals Board, not the representative. Further, the student, not the representative, may question witnesses and may produce witnesses and documentary evidence on their own behalf.
There may be present at the requested hearing: the student charged and their representative and witnesses, other witnesses, and representatives of the College administration. Witnesses produced by the charged student may not be character witnesses. However, written character references may be submitted as evidence. Any persons accompanying the student must be announced, in advance, to the Student Conduct Appeals Board. The student charged may not bring more than two witnesses to the event to the Appeals Hearing.
The hearing may be recorded electronically, a stenographer may be present, or a member of the College’s secretarial staff may take minutes. To protect the interests of everyone involved, the record will be considered confidential SUNY Broome property.
The hearing is not open to the campus public.
The student failing to appear before the Student Conduct Appeals Board will not hinder the Student Conduct Appeals Board from conducting its meeting(s).
The Student Conduct Appeals Board will consider all evidence presented during the hearing and render a decision. The student will be informed in writing within seven (7) calendar days of the hearing of the Student Conduct Appeals Board’s decision.
Student Conduct Appeals Board may:
- Recommend a modified decision/sanction
- Uphold the original decision and sanction
The decision of the Student Conduct Appeals Board is final and binding.
