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Appeals to the Board of Trustees

If an Appeal to the President is denied, any student may then submit an appeal to the Board of Trustees filing a written notice of appeal with the Chair of the Board of Trustees within three (3) business days after notification of the rendering of the decision of the President. The Notice of Appeal shall contain the following:

  1. The words “An Appeal to the Board of Trustees of Sampson Community College” as its title.
  2. A statement of the decision of the administration from which the appeal is taken.
  3. The particular area or areas of disagreement with the administration’s decision.
  4. The appellant’s allegation of facts to support the relief, solution, or remedy sought.
  5. The relief, solution, or remedy sought.
  6. The names and addresses of witnesses to be called by the appellant(s) at the hearing.
  7. The name(s), address(es), and telephone number(s), and signature(s) of legal counselor(s), if any, who will represent the appellant(s) at the hearing.
  8. The name(s), address(es), telephone number(s), and signature(s) of the appellant(s).
  9. Date(s) of signature(s).

Also, the Notice of Appeal shall contain any other information required under the provisions of the particular section which authorizes the appeal.

Hearing Committee

Upon the filing of a Notice of Appeal, the Chair shall appoint at least three trustees to the Hearing Committee and one of the appointed trustees as Chair of the Hearing Committee. The Chair of the Board of Trustees may serve as Chair of the Hearing Committee or as a member of the committee without being Chair. The Chair of the Board may ask the Board of Trustees to appoint the committee or the Board of Trustees without being requested may appoint the committee or, if prior to the beginning of the hearing, modify the composition of the committee appointed by the Chair.

Pre-Hearing Conference

The Chair of the Hearing Committee will call and conduct a pre-hearing conference. Both the appellant(s) and the administration of the College must be represented at the conference and must be given at least three business days’ notice of the conference. At this conference he/she will set a time and place of the hearing and notify the parties verbally; determine if a transcript or audio-visual tape recording of the hearing will be made and notify the parties of his/her determination; obtain from the parties the names and addresses of any counsel that will be representing them at the hearing; obtain a list of witnesses to be called; explain the format of the due process hearing; and receive any brief of law the parties may submit.

Right to Legal Counsel

An appellant who exercises any of the rights granted hereunder has the right to be represented by legal counsel or by another person designated in writing to act on the appellant’s behalf throughout the appeal. The appellant will be responsible for his or her own legal fees. If the appellant is to be represented by legal counsel, he or she must so inform the Hearing Committee in the notice of appeal or by separate written documents filed with the President at or prior to the Pre-Hearing Conference.

Proceedings to be Closed

All proceedings before the Hearing Committee will be closed with only the Committee members, the appellant(s), the President, any other College official involved in the matter, the appellant(s) representative(s) or legal counsel, any legal counsel representing the College officials involved in the matter, the legal counsel representing the Hearing Committee, and such witnesses as may be called by either side to be in attendance. Witnesses may be sequestered before their testimony and requested to leave following their testimony. Either a written transcript or an audio tape recording of all proceedings before the Committee will be kept, and upon request, a copy will be furnished to the appellant at his/her or their expense.

Waiver of Privacy Rights

By taking any appeal hereunder, an appellant consents to all of his or her relevant College records being made available to the College officials involved in the matter, all members of the Hearing Committee, all legal counsel involved in the matter, and such witnesses as may be called by either side.