If the student contests the alleged violation and/or the grade penalty imposed by the instructor, the student has two options for appeal. The student must choose one option and submit the written appeal within three (3) business days of meeting with the course instructor.
- OPTION 1: INFORMAL ADMINISTRATIVE REVIEW
- The student may appeal to the Associate Vice President for Academic Affairs for an informal administrative review of evidence. The purpose of the informal administrative review is to resolve the allegations without a formal hearing.
- The detailed appeal must be made for one or all of the following reasons:
- New evidence not available to the instructor at the time of the sanction that would significantly impact the instructor’s decision.
- The grade penalty is inappropriate or too harsh in relation to the violation.
- The instructor demonstrates bias that influences their impartiality in assigning the grade penalty.
- The student is required to meet in person or virtually with the AVPAA to discuss the appeal. In the event the student fails to meet, the AVPAA will make a decision based on information available at the time of the scheduled meeting. The possible outcomes are:
- Responsible: The AVPAA finds, based on the evidence, that it is more likely than not (51% or more) that a violation occurred.
- Not Responsible: There is insufficient evidence to determine that the accused is responsible. The AVPAA will contact the course instructor.
- The AVPAA reserves the right to assign additional, non-academic sanctions.
- The decision of the AVPAA is final. [Note the option to appeal in the case of subsequent violations below.]
- OPTION 2: FORMAL HEARING
- The student may appeal to the Newberry College Judicial Council (NCJC) for a formal hearing. The NCJC consists of students, faculty, and staff, chosen at the discretion of the Assistant Dean of Student Affairs (faculty members will always be present at a hearing for an academic issue).
- The detailed appeal must be made for one or all of the following reasons:
- New evidence not available to the instructor at the time of the sanction that would significantly impact the instructor’s decision.
- The grade penalty is inappropriate or too harsh in relation to the violation.
- The instructor demonstrates bias that influences their impartiality in assigning the grade penalty.
- Formal hearing procedures and student rights are located in the Newberry College Student Code of Conduct. If the student fails to appear at the formal hearing, the NCJC will make a decision based on information available at the time of the hearing.
- The hearing panel will base their determinations of responsibility solely on the information presented during the hearing, applying the preponderance of the evidence standard. The possible outcomes are:
- Responsible: The NCJC finds, based on the evidence, that it is more likely than not (51% or more) that a violation occurred.
- Not Responsible: There is insufficient evidence to determine that the accused is responsible.
- A “responsible” finding by the hearing panel may include additional sanctions.
- The hearing panel decision is final.
For both appeal options, the student will receive a notification of the outcome. All documents related to the violation will be retained in the student’s disciplinary record for a length of time specified by the type of sanction (see the Newberry College Student Code of Conduct).
A list of possible sanctions, aside from grade penalties, can be found in the Newberry College Student Code of Conduct.