Waukesha County Technical College

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Student Life

Article Five: Appeals

A. Procedure

  1. A decision reached by the Critical Issues Board or Board of Review may be appealed by the accused student and/or the complainant within five (5) business days of the date of the hearing or conduct meeting. A sanction decision by an administrative hearing officer may be appealed by the accused student only in the event that the accused student did not admit to the alleged violation in the administrative hearing. Where a student admits a violation in an administrative hearing, that complaint is not eligible for referral to the Board of Review.
  2. The written statement, which is submitted to the Director of Student Development, must include the grounds upon which the appeal is based. Failure to submit this written statement by the close of business of the fifth day after the hearing or conduct conference will render the original decision final.
  3. The Administrative Appeals officer is the Vice President for Learning & Student Services.
  4. The appeal hearing does not normally recall witnesses or meet with the accused student or complainant in order to render a decision. The complaint file, including any statements issued by the Critical Issues Board or Board of Review, the written grounds for appeal, and the tape-recorded proceedings are made available as the sole basis for the appeal decision.
  5. The enforcement of sanctions may be deferred during the appellate process at the discretion of the Director of Student Development.
  6. A decision may only be appealed once.

B. Grounds for Appeal

  1. Except as required to explain the basis of new information, an appeal will be limited to a review of the record and supporting documents for one or more of the following purposes:
    1. To determine whether the hearing was conducted fairly in light of the alleged violation(s) and information presented was in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present information that the Student Code of Conduct was violated, and giving the accused student reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
    2. To determine whether there was sufficient information provided though the investigation and hearing to establish that it is more likely than not that a violation of the Student Code of Conduct occurred. Deference is owed to the original finding, and should only be altered where there was clear error by the original fact-finder.
    3. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code of Conduct, which the student was found to have committed. Simple disagreement with the sanction is not sufficient grounds to change it. The appeals officer must find a compelling justification to depart from the original sanction.
    4. To consider new information sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such information and/or facts were not known or available to the person appealing at the time of the original hearing.
    5. On the basis of demonstrable bias by any hearing officer. Failure to participate in the hearing after being given reasonable notice of its occurrence is not grounds to appeal a decision made in the student’s absence.

C. Outcomes

  1. If an appeal is found to have merit by the appeals officer, the matter will be returned to a similar hearing body for a new hearing, or to the original body to reconsider, if appropriate.
  2. If the appeal is not upheld, the matter will be considered final and binding upon all parties involved.