6.0 College Appeals Board (CAB)

(Administrative Policy 6.0P)

6.1 Composition of College Appeals Board (Administrative Policy 6.0-P, 3.1)

(The composition of this Board can only be changed by the Kentucky Community and Technical College System Board of Regents.)

The College Appeals Board (CAB) serves as a hearing body for appeals of violations of academic rights, of findings of academic misconduct, and for non-academic/behavioral violations.

• 6.1.1 Composition
  • 6.1.1.1 Regular Members: 
    • The CAB shall consist of seven (7) members confirmed by the College President:
      Two (2) full time students
      Three (3) full time faculty
      Two (2) full time staff
  • 6.1.1.2 Alternates: 
    • To ensure that the CAB can be convened in instances of absences or conflicts of interest of regular members, the College President shall name or confirm the following alternates who meet the same requirements as the regular members.
      Two (2) students
      Two (2) faculty
      One (1) staff
• 6.1.2 Service on the CAB
  • 6.1.2.1 Student members and alternates:
    • Each student member must have earned at least 24 semester credit hours at the college, must have had one (1) full academic year of attendance at the college, and must be in good academic standing. The Chief Student Affairs Officer (CSAO) shall recommend students to the College President for appointment. Appointments shall be for a term of one (1) year.
  • 6.1.2.2 Faculty and staff members and alternates:
    • Faculty and staff members may be selected to staggard three-year terms by the faculty and/or College staff with the final appointment confirmed by the College President/designee. Faculty representatives cannot be division chairs or deans.
  • 6.1.2.3 Appeals Board Chair:
    • The chair is elected annually by the Appeals Board members.
• 6.1.3 Quorum
  • A quorum of five (5) members, at least three (3) of whom must be faculty and staff and a minimum of two (2) faculty (regular members or alternates), is required for the conduct of business of the Appeals Board.

6.2 Authority of the College Appeals Board in Cases of Academic Rights of a Student

If the chair of the Appeals Board deems it necessary, the Chair may call upon legal counsel to assure the proper administration of a case.

After hearing a case involving a violation of student academic rights, the Board may either:

1. direct that the student’s grade in the course in question be changed, but only to a W (Withdrew) or a P (Passing);
2. uphold the assigned sanction; or
3. may take any other reasonable action calculated to guarantee the rights.

If the appeal is decided in the student’s favor, the college must provide an opportunity for the student to complete any essential experiences missed due to the appeals process. Under no circumstances shall a student’s grade be lowered as a result of the appeal.

6.3 Responsibility in Cases Involving Academic Rights of a Student (section 2.0)

College Appeals Board Procedures are located in Administrative Policy 6.0P, 3.4

• 6.3.1
  • Upon receipt of a CAB appeal the College President/designee shall forward the appeal to the CAB chair. Within ten (10) business days, the Chair will convene the CAB to make the following determinations based on the written appeal document(s):
    1. Whether or not any conflicts of interest arise with the regular members of the CAB. If conflicts are found, the respective alternates will be used instead.
    2. Whether or not the reason for the appeal is within the CAB’s authority to hear. The Student Code of Conduct and this procedure describe the issues that may be heard by the CAB.
    3. If the CAB finds it does not have authority to hear the appeal, the Chair will send written notice of the decision to the student and the College President/designee within four (4) business days. This decision is final and not appealable.
• 6.3.2
  • If the CAB decides the appeal is within their authority, then within five (5) business days, the CAB chair shall invite the appropriate college representatives to provide written statements and any related records. These statements and records are due to be returned to the CAB within ten (10) business days.
• 6.3.3
  • The CAB then has ten (10) business days to review the appeal and all the documentation to decide by majority vote whether to hold a hearing or decide the appeal based on the written documentation provided by each party.
• 6.3.4
  • The CAB will notify the student and the college representatives in writing within five (5) business days of their decision. If the CAB makes a decision based on the written documentation, that decision is final, and the student has no further right to appeal within the system.
• 6.3.5
  • If the CAB decides to hear the case, it will establish procedures and a schedule. All parties shall have the opportunity to appear at the hearing and to present oral and written evidence in support of their positions. The CAB may call for further evidence as it deems appropriate. The hearing shall be held, and a final decision made by the CAB within 20 business days after the decision to hear the case. The CAB’s decision is final, and the student has no further right to appeal within the system.

6.4 Responsibility in Cases Involving Student Academic Offenses (section 3.0)

• 6.4.1 KCTCS Chancellor’s Approval of the Suspension/Expulsion Sanction.
  • When hearing a disciplinary case in which the instructor and the College President/designee have recommended actual suspension or expulsion, the Appeals Board may occur with the instructor and College President/designee and shall recommend to the KCTCS Chancellors’ Office for approval and implementation of the sanction of actual suspension or expulsion. Suspension or expulsion decisions may be appealed to the KCTCS Board of Regents pursuant to KRS 164.370. The Chancellor(s) shall notify the student of the decision in writing. Within thirty (30) calendar days of the delivery date of the Chancellors’ decision, an appeal may be taken to the KCTCS Board of Regents pursuant to KRS 164.370.