Faculty/Staff Traffic Appeals (D-12)

Original Implementation: March 2, 1981
Last Revision: January 19, 2006

The purpose of this procedure is to insure due process of law to any faculty/staff member charged with a violation of the University's parking regulations.

Any faculty/staff member at Stephen F. Austin State University may appeal a parking citation within seven (7) working days of the issuance of the citation. With the exception of "Flagrant Violations" as described in the Parking and Traffic Regulations (Policy D-24), these appeals may be made by contacting UPD directly. The cited faculty/staff member should phone, mail, or email his/her explanation for receiving the citation. In the event that this initial appeal is denied or that the violation is more serious in nature, a more formal appeal process is set forth below. This process will involve submitting a formal application for appeal, which is obtained at the University Police Department, to the Faculty/Staff Traffic Appeals Board. On the application the faculty/staff member will select which of the listed hearing dates are compatible with his/her schedule.

Composition and Jurisdiction of Faculty/Staff Traffic Appeals Board.

Composition

The Faculty/Staff Traffic Appeals Board shall be composed of seven (7) faculty/staff members appointed by the President, in consultation with the Vice President for Academic Affairs, the Vice President for Business Affairs, the Vice President for University Affairs, and the Faculty Senate. The Student Traffic Appeals Board and the Faculty/Staff Traffic Appeals Board shall select one of its members to serve as an ex officio member on the other board with all privileges of membership except the right to vote and to hold office. The Faculty/Staff Traffic Appeals Board shall elect its Chairperson.
The members of the Faculty/Staff Traffic Appeals Board shall serve three-year staggered terms.
Any member of the Board who receives three (3) or more traffic (including parking) citations within any regular semester shall be disqualified as a member and replaced for the unexpired term. Vacancies will be filled with the appointment of a new member by the President.

Jurisdiction

The Faculty/Staff Traffic Appeals Board shall have original jurisdiction over all parking citations issued by the University Police Department.

Summoning Procedure

Notice

Within ten (10) days of the appeal application date, the Chairperson of the Faculty/Staff Traffic Appeals Board shall inform the applicant in writing of the time and place of his/her hearing. The hearing will be within thirty (30) days of the appeal application date.

Failure to Appear

The failure of the appellant to appear at the time appointed for his/her hearing shall forfeit his/her right to a hearing and shall constitute a waiver of the rights granted by these procedures, unless the Faculty/Staff Traffic Appeals Board excuses the absence for good cause shown.

Conduct of Hearing

Sessions

The Faculty/Staff Traffic Appeals Board shall determine in September of each year the schedule of hearing dates for the fall and spring semesters and publish these dates on the appeals application form. The Chairperson may cancel a hearing if, in his/her judgment, it is not required due to the lack of appeals brought to the Board. Hearings will be scheduled by the Chairperson as required during the summer.

The hearings shall be heard during regular business hours of the University. Where possible, they shall be scheduled by the Chairperson at a time convenient to both the parties and the panel members. The University and its police department shall be parties in all appeals brought before the Board.

Appellant's Rights

The appeals application form and the hearing notice from the Faculty/Staff Traffic Appeals Board shall, among other things, inform the faculty/staff member of his/her rights:

to be accompanied by one (1) representative;
to know the identity of the police officer who issued the citation;
to summon his/her own witnesses, produce evidence, and to speak in his/her own defense;
to cross-examine witnesses testifying against him/her;
to inspect and copy the record of the hearing at his/her cost.

Rules of Procedure

The Board may hear appeals for parking citations for which an application to appeal has been filed in accordance with these rules.
Each citation shall be appealed separately.
Each appeal shall be heard and decided on its own merit.
The Board may examine, cross-examine, call, recall, and dismiss any witness.
The Board may limit the number of witnesses whose testimony will be repetitious and establish time limits for testimony so long as all viewpoints are given a reasonable opportunity to be expressed.
The Board shall maintain an adequate record of each hearing. Summary notes shall be deemed an adequate record for this purpose.
The Chief of the University Police Department, or his/her delegate, may represent the University in any hearing.
The Board may enter into closed session for deliberation at the conclusion of the presentation of evidence.
The Board's judgment must be rendered within three (3) working days of the hearing.
A member of the Board must excuse himself/herself from any appeal in which he/she is involved, or in which a member of his/her family is involved.

Findings and Sanctions

Findings

The Board shall decide only whether or not the defendant is guilty of the parking offense as charged in the citation.

Sanctions

The service charges for each offense are established by the Board of Regents and may not be reduced or eliminated by the Faculty/Staff Traffic Appeals Board if the individual is found guilty of the parking offense.

Source of Authority: President

Cross Reference: None

Contact For Revision: President

Forms: None