Appendix B: Disciplinary Hearing and Appeals Procedure
Overview
This appendix explains the full procedure for a disciplinary hearing and appeal at Oakridge College.
The purpose of a disciplinary hearing is to review a serious complaint, hear from both sides, consider evidence and witnesses, and decide whether discipline is necessary.
The process should be fair, orderly, and focused on the complaint being reviewed.
The Details
A disciplinary hearing is not an ordinary argument or informal meeting. It is a formal review before a Disciplinary Committee.
The committee must hear the complaint, allow the reported person to respond, review evidence, hear relevant witnesses, and vote on the outcome.
Disciplinary hearings may involve students, faculty, staff, Department Chairs, Deans, student council members, student organization leaders, or other college members.
Required Committee Structure
The Disciplinary Committee must always have an odd number of members.
The committee must have no fewer than 3 members.
The committee should include:
- At least one peer of the person bringing the complaint
- At least one person from the same department, organization, or student body area as the person involved, when possible
- One neutral party
- One higher authority appropriate to the case
The committee should be formed in a way that avoids clear conflicts of interest.
Examples of Committee Membership
For a faculty case, the committee may include:
- A professor or faculty peer
- A faculty member from the same department as the reported faculty member, when appropriate
- A neutral professor or Department Chair from another department
- The Dean of the School involved
For a student case, the committee may include:
- A student peer or student council representative
- A student or student representative from the same student area, club, or council, when appropriate
- A neutral Residence Assistant, staff member, or Student Affairs representative
- The Dean of Student Affairs or another appropriate authority
For a Dean disciplinary hearing, the President must be present.
For a faculty or staff disciplinary hearing within a School, the Dean of that School must be present.
For a college-wide or senior leadership matter, the Vice President or President may be required.
Required Attendance
The hearing begins with an attendance check.
The following people must be present:
- Members of the Disciplinary Committee
- The person who brought the complaint
- The person who was reported
- The higher authority required for the case
- Any relevant witnesses who have been called
- Any approved record keeper or hearing officer, if one is assigned
The person who was reported must be present so they can respond to the complaint and defend themselves.
The person who brought the complaint must be present so they can explain the complaint and answer questions.
Witnesses should be present when their testimony is needed.
Failure to Attend
If the person who brought the complaint does not attend, the committee may:
- Delay the hearing
- Dismiss the complaint
- Continue only if there is enough evidence to proceed
- Refer the matter back to leadership for review
If the person reported does not attend, the committee may:
- Delay the hearing
- Continue if the absence appears intentional
- Continue if safety or college order requires a decision
- Record that the person did not appear
A person should not avoid discipline only by refusing to attend.
However, the committee should make a reasonable effort to allow both sides to be heard.
Opening the Hearing
Once attendance is confirmed, the hearing is opened by the higher authority or assigned committee chair.
The chair should explain:
- The complaint being reviewed
- The purpose of the hearing
- The order of the hearing
- The expected conduct of all participants
- That both sides will be allowed to present evidence
- That witnesses may be questioned
- That the committee will vote after hearing the case
- That an appeal may be requested after a decision
The hearing should remain focused on the complaint.
Conduct During the Hearing
All participants are expected to behave respectfully.
Participants should not:
- Interrupt repeatedly
- Threaten others
- Insult committee members
- Harass witnesses
- Introduce unrelated personal attacks
- Refuse reasonable instructions from the chair
- Attempt to intimidate either side
The chair may warn, remove, or silence a participant who disrupts the hearing.
If the hearing becomes unsafe, Campus Security may be contacted.
Presentation of the Complaint
The person who brought the complaint presents first.
This person may be called the complainant.
The complainant should explain:
- What happened
- When it happened
- Where it happened
- Who was involved
- Why the matter requires discipline
- What evidence supports the complaint
- Which witnesses support the complaint, if any
The complainant should stay factual and avoid unrelated accusations.
Response by the Reported Person
The person who was reported presents second.
This person may be called the respondent.
The respondent may explain:
- Their version of what happened
- Why they believe they did not violate college policy
- Any context the committee should consider
- Any evidence supporting their defense
- Any witnesses supporting their defense
- Any errors in the complaint
The respondent should be given a fair chance to answer the complaint.
Evidence
Each side may present evidence.
Evidence may be:
- Written statements
- Messages
- Notices
- Class records
- Attendance records
- Photographs
- Digital records
- Screenshots
- Physical objects
- Reports from faculty, staff, Campus Security, or Student Affairs
- Other material relevant to the complaint
The committee may accept or reject evidence.
Evidence should be relevant to the complaint being reviewed.
The committee should avoid relying on rumor, unrelated personal information, or material that cannot be reasonably connected to the case.
Order of Evidence
Evidence is presented in order.
The complainant presents evidence first.
The respondent presents evidence second.
After each side presents evidence, the committee may ask questions.
The chair may allow follow-up evidence if it directly answers something raised during the hearing.
Witnesses
Witnesses may be called when they have relevant information.
A witness should only speak about what they saw, heard, experienced, or directly know.
Witnesses should not be called only to repeat rumors or give character attacks.
Witness Questioning
If there are witnesses, they may be questioned by each side.
The normal order is:
- The witness gives their statement.
- The side that called the witness asks questions.
- The other side asks questions.
- The committee asks questions.
- The chair may allow brief follow-up questions.
Questions should be relevant and respectful.
The chair may stop questions that are abusive, repetitive, confusing, or unrelated to the complaint.
Committee Questions
The Disciplinary Committee may ask questions at any time through the chair or according to the hearing rules.
Committee questions may be directed to:
- The complainant
- The respondent
- Witnesses
- The Department Chair
- The Dean
- Student Affairs
- Campus Security
- Any person with relevant information
Questions should help the committee understand the facts, not argue for one side.
Closing Statements
After evidence and witnesses are heard, each side may give a short closing statement.
The complainant gives the first closing statement.
The respondent gives the second closing statement.
A closing statement should summarize the side’s position. It should not introduce new evidence unless the chair allows it.
Committee Deliberation
After closing statements, the committee deliberates.
The committee may ask everyone else to leave while it discusses the matter.
During deliberation, the committee should consider:
- Whether the complaint is supported by the evidence
- Whether college policy or expectations were violated
- Whether the conduct was serious, repeated, or intentional
- Whether there were mitigating facts
- Whether discipline is necessary
- What discipline would be fair and appropriate
The committee should not base its decision on personal dislike, favoritism, rumors, or unrelated conduct.
Committee Vote
After deliberation, the committee votes.
The committee must vote on whether discipline is necessary.
Because the committee has an odd number of members, the vote should not end in a tie.
The result should be recorded clearly.
The committee may vote for:
- No discipline
- Warning
- Corrective action
- Loss of privilege
- Removal from class, office, event, club, team, or duty
- Change of assignment
- Suspension from a role or activity
- Removal from faculty or staff appointment
- Referral to Student Affairs
- Referral to Campus Security
- Referral to senior administration
- Other discipline approved by college authority
For students, the committee may also vote for academic probation, suspension from the college, or expulsion from the college. Suspension and expulsion are recommendations. The committee sends them to the President of Oakridge College, who holds the final word.
Standard for Discipline
Discipline should fit the seriousness of the conduct.
The committee should consider:
- What happened
- Whether harm occurred
- Whether safety was affected
- Whether the conduct was repeated
- Whether the person was warned before
- Whether the person accepted responsibility
- Whether the person used authority improperly
- Whether the conduct affected students, faculty, staff, or the college
- Whether a lesser correction would be enough
Discipline should not be harsher than needed, but serious misconduct should be treated seriously.
Decision Notice
After the vote, the decision should be given clearly.
The decision notice should include:
- The complaint reviewed
- The committee’s finding
- Any discipline assigned
- Any required next steps
- Whether an appeal may be requested
- The deadline for requesting an appeal, if a deadline is used
The decision should be recorded for college records.
Carrying Out Discipline
If no appeal is filed, the discipline may be carried out.
If an appeal is filed, the college may delay the discipline until the appeal decision is made, unless immediate action is needed for safety, student welfare, or college order.
Immediate temporary action may include:
- Temporary removal from a class
- Temporary removal from a duty
- Temporary restriction from a space
- Temporary suspension from an activity
- Temporary reassignment
- Campus Security involvement
Temporary action is not the same as a final decision.
Appeal Request
An appeal is a request for the decision to be reviewed again.
The person appealing should explain why the appeal should be allowed.
An appeal may be based on:
- New evidence
- A serious procedural error
- A conflict of interest
- Evidence that was ignored
- Punishment that appears clearly unreasonable
- A hearing that was not conducted fairly
An appeal should not be allowed only because the person dislikes the result.
Vote to Allow an Appeal
A sanction imposed below the Disciplinary Committee is appealed to the Committee, and the Committee votes on whether to allow it.
The committee may allow the appeal if there is a valid reason to review the case again.
The committee may deny the appeal if there is no valid basis for appeal.
If the appeal is denied, the original decision becomes final.
If the appeal is allowed, a new hearing is scheduled.
Appeal Against a Committee Decision
Proposed, not yet ratified.
An appeal against a decision of the Disciplinary Committee is made in writing to the Vice President of Oakridge College, under whom the Committee is convened.
The Vice President may:
- Let the decision stand, with reasons given to the person appealing
- Allow the appeal and seat a new Committee, none of whose members sat on the original hearing
A decision by the Vice President to let the decision stand has the same effect as a denied appeal, and the original decision becomes final.
Where the decision under appeal is a recommendation of suspension from the college or expulsion, the Vice President sends the appeal to the President of Oakridge College together with the recommendation. The President holds the final word.
If the Vice President is involved in the matter, the appeal is made to the President. If the President is involved, the appeal is made to the highest available college authority, or to the governing authority responsible for the office of President.
Appeal Hearing
An appeal hearing repeats the hearing process.
The appeal hearing should follow the same basic order:
- Attendance check
- Opening of the hearing
- Statement of the appeal issue
- Presentation by the person appealing
- Response by the other side
- Evidence review
- Witness questioning, if needed
- Committee questions
- Closing statements
- Committee deliberation
- Committee vote
- Final decision
The appeal hearing may focus only on the reason the appeal was allowed.
For example, if the appeal was allowed because of new evidence, the hearing may focus on that new evidence.
Appeal Decision
After the appeal hearing, the committee hearing the appeal votes.
The committee may:
- Uphold the original decision
- Change the discipline
- Remove the discipline
- Order a different corrective action
- Refer the matter to a higher authority
- Dismiss the complaint
The appeal decision is the final decision unless senior college authority determines that another review is required because of a serious procedural failure or safety concern. Where the decision is a recommendation of suspension or expulsion, it goes to the President of Oakridge College, who holds the final word.
Final Decision
Once the final hearing is concluded, the final decision is carried out.
The final decision should be recorded.
Examples:
- A faculty decision may be carried out by the Dean or President.
- A Dean decision may be carried out by the President.
- A student decision may be carried out by Student Affairs, the Dean of Student Affairs, or another assigned authority.
- A safety-related decision may involve Campus Security.
Records
Disciplinary records should be kept carefully.
Records may include:
- Original report
- Hearing notice
- Attendance record
- Evidence list
- Witness list
- Committee vote
- Decision notice
- Appeal request
- Appeal vote
- Final decision
Records should be factual and limited to the case.
Disciplinary records should not be shared casually or used for gossip.
Conflicts of Interest
A committee member should not serve if they have a serious conflict of interest.
A conflict may exist if the committee member:
- Is directly involved in the complaint
- Is a close friend, partner, family member, or enemy of one side
- Has already made a public judgment about the case
- Has a personal interest in the outcome
- Cannot be fair
A person with a conflict should be replaced when possible.
Safety During the Process
If a case involves threats, violence, weapons, stalking, or serious harassment, safety comes first.
The college may take temporary protective action before the hearing.
Temporary protective action may include:
- Separating the people involved
- Removing a person from class or campus activity
- Requiring Campus Security presence
- Limiting contact between people
- Moving a meeting or event
- Suspending a duty until review is complete
These temporary steps are meant to protect safety while the process continues.
General Rule
The disciplinary process should be fair, orderly, and focused on the facts.
Both sides should be heard.
Evidence should be reviewed carefully.
Witnesses should be questioned respectfully.
The committee should vote only after hearing the case.
Appeals should be allowed only when there is a valid reason.
The final decision should be carried out clearly and without unnecessary delay.