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Conduct Violation Decision Appeals
If an accused individual accepts the findings of the investigation, those findings cannot be appealed. Post-hearing, any party may appeal the findings and/or sanctions only under the grounds described below.
Title IX cases will follow SPC Policy FH rather than this process.
All sanctions for conduct violation appeals imposed by the original hearing body will be in effect during the appeal. In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.
The decision of the case official and hearing body may be appealed by petitioning the Vice President for Student Affairs. Accused students or complainants must petition in writing within five (5) business days of receiving the written decision for a review of the decision or the sanctions imposed. The Vice President will determine if the appeal meets the limited grounds and is timely. The original finding and sanction will stand if the appeal is not timely or substantively eligible, and the decision is final. The party requesting appeal must show error, as the original finding and sanction are presumed to have been decided reasonably and appropriately. The ONLY grounds for appeal are as follows:
- A procedural error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.);
- To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included;
- The sanctions imposed fall outside the range of sanctions the College has designated for this offense and the cumulative record of the responding party.
If the Vice President for Student Affairs determines that new evidence should be considered, the complaint will be returned to the original hearing body to reconsider in light of the new evidence only. The hearing body will render a written decision on the appeal to all parties within five (5) business days from hearing of the appeal.
The hearing body’s decision is final.
Grade and Academic Discipline Appeals
South Plains College provides two procedures which allow students the opportunity to address grievances of an academic nature.
Appeal Restrictions
Only final grades or dismissal resulting from academic discipline will be considered. The instructor’s teaching ability or expertise will not be considered during the hearing. No grade or disciplinary action can be formally appealed after a period of six (6) months from the date that the student is informed.
Informal Appeal
- The student should schedule an appointment with the instructor of the course to discuss the final grade or disciplinary action.
- If the student is still not satisfied, s/he should schedule an appointment with the appropriate departmental chairperson to discuss the situation. The chairperson may request that the instructor also be present.
- If the student is still not satisfied, s/he she should schedule an appointment with the Divisional Dean to discuss the situation. The dean may request that the chairperson also be present.
- If the student is still not satisfied, s/he she should be advised of the formal appeal process.
Formal Appeal
If the student is not satisfied with the results of the informal appeal, s/he should provide the following information, in writing, to the Vice President for Academic Affairs:
- A request for a formal appeal hearing.
- A brief statement of what is being appealed.
- The basis for the appeal.
- Pertinent facts relating to the appeal.
The agenda of the appeals hearing will include only those factors documented in the student’s appeal request letter.
The Vice President for Academic Affairs will determine the date, time, and place of the hearing, and notify the student accordingly.
The Hearing
Composition of the appeals committee:
- Vice President for Academic Affairs will preside over the hearing.
- Faculty member of the student’s choice.
- Faculty member and student selected by the Vice President for Academic Affairs.
- President of Student Government Association.
- Dean of Students.
Other persons who should be available at the hearing:
- The student who requested the hearing.
- The faculty member involved.
- Anyone the student or faculty member wishes to be present to substantiate the case.
- Chairperson and Divisional Dean.
Hearing procedure: The committee will hear the student’s appeal during which the parties to the controversy and such representatives as desired will present all facts relating to the case. By majority vote, the committee will decide to sustain, amend or reverse the previous decision.
The decision of the committee is final and completes the academic appeals procedure.
Student Grievance Appeals
Post-hearing, any party to a complaint that has been through the student grievance process may appeal the findings and/or sanctions, although only under the grounds described below.
The decision of the hearing body will be in effect during the appeal. In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.
The decision of the case official and hearing body may be appealed by petitioning the Vice President over the area the original complaint was heard. Accused students or complainants must petition in writing within five (5) business days of receiving the written decision. The Vice President will determine if the appeal meets the limited grounds and is timely. The original finding and sanction will stand if the appeal is not timely or substantively eligible, and the decision is final. The party requesting appeal must show error, as the original finding and sanction are presumed to have been decided reasonably and appropriately. The ONLY grounds for appeal are as follows:
- A procedural error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.)
- To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included;
- The sanctions imposed fall outside the range of sanctions the College has designated for this offense and the cumulative record of the responsible party.
If the Vice President determines that new evidence should be considered, the complaint will be returned to the original hearing body to reconsider in light of the new evidence only. The hearing body will render a written decision on the appeal to all parties within five (5) business days from hearing of the appeal. The committee’s decision is final and not subject to appeal.
Traffic and Parking Appeals
Students who wish to appeal a campus traffic citation may contact the Dean of Students on the Levelland Campus, the Dean of the Lubbock Downtown Center, the Executive Director of Lubbock Career & Technical Center, the Director of the Reese Center, or the Director of the Plainview Center. Traffic and parking regulations are described in the Campus Parking and Traffic Regulations online or in the brochure available from the Campus Police Office and the Dean or Director’s office.
Academic Suspension or Admission Appeals
Students who are on academic suspension or who have been denied general admission may appeal the decision to the Admission’s Committee. Complete information about academic suspension or general admission appeal procedures can be obtained from the Admissions and Records Office or the SPC Catalog. Appeals regarding admission into specific programs should be directed to the respective departments responsible for those programs.
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