Parking Citation Appeals

Parking Citation Appeals 

Purpose

The purpose of the Parking Citation Appeals procedure is to provide appeal guidelines to individuals who receive traffic citations from Durham Technical Community College’s (Durham Tech’s) Campus Police and Public Safety department.

Procedure

Any person issued a parking citation from Campus Police and Public Safety may file an appeal with the College’s Parking Appeals Committee. The appeal must be made to the committee within fifteen (15) working days of the citation issuance. The appeal form must designate the grounds on which the appeal is being made, must be signed by the person who was issued the citation, and must provide relevant information that establishes the merits of the appeal. Appeals submitted after the deadline will not be considered.

There are two valid grounds for appeals to be considered:

1. There is substantial evidence that the person did not commit the violation.

2. The person committed the violation, but due to circumstances beyond the person’s control.

Grounds for an appeal that are not deemed valid include, but are not limited to:

• Lack of knowledge of the regulation(s);

• Lost citation;

• Failure to see a parking sign;

• Had flashers on or parked only for a short period of time;

• Inability to find a legally marked space;

• Forgetfulness;

• Other vehicles were parked improperly;

• Incorrect permit for area; and

• “My [instructor/supervisor/friend, etc.] told me I could park there.”
   

Parking Citation Appeals Committee

The Parking Citation Appeals Committee will arbitrate disputes arising from Campus Police and Public Safety officers’ issuance of parking and traffic citations, and will report to the Operations and Technology Council. The committee shall not arbitrate citations involving moving offenses (e.g., speeding, failure to display signals) which shall instead be referred to the City of Durham court system. The committee shall fairly and consistently interpret and apply the College’s parking regulations and shall not make regulations or render engineering/policy decisions. The committee is judicial in character but is encouraged to provide input related to new regulations or proposed revisions to existing regulations to the Director/Chief, Campus Police and Public Safety.

The committee will be comprised of any of the three (3) following members:

• Director/Chief, Campus Police and Public Safety (Chair)

• Faculty (two (2); each serves a two-year term)

• Staff (two (2); each serves a two-year term)

• Students (two (2) and two (2) alternates; each serves a one-year term)

The committee will meet once per month to review any submitted appeals and make decisions on those appeals. The committee will consider all available information to determine whether a violation occurred and if there are significant mitigating circumstances surrounding the alleged violation to warrant excusing the fine. The committee’s decision will be one of the following:

• Citation Dismissed – No fine is due.

• Citation Upheld – The fine is excused due to mitigating circumstances.

• Citation Upheld – A fine of $5 is due for the violation(s).

Parking citations are cumulative for the entire academic year. Upon receiving their third citation, the offender will be designated a frequent violator. Frequent violator fines will not be reversed, or otherwise modified, and any further violations will result in the student or employee being referred for disciplinary action and sanctions as outlined in the Student Code of Conduct and Disciplinary Actions, Suspension, and Termination of Employment policy, respectively.

Committee decisions will be reached by majority vote, and the final decision will be reported to the individual in writing. The committee may decide to affirm, reverse, or otherwise modify the citation. The committee’s decision will be final, with no further appeal available.

If a student appeal is denied, payment of the fine(s) must be made before they will be permitted to register for any subsequent academic term. In addition, no grade report, transcripts, or diplomas will be issued to any student with an unpaid debt or obligation to Durham Tech.

If an employee appeal is denied, the employee will be required to present the traffic citation and pay the fine in full at the Cashier’s Office within ten (10) working days. If payment is not made, the employee’s supervisory chain of command will be notified, and the amount due will be deducted from the employee’s next paycheck.

Definitions

Mitigating Circumstances – An unforeseen emergency beyond the individual’s control that could not be managed to avoid a violation, such as a proven exigent illness. The burden is on the individual to show mitigation. It does not include grounds listed as invalid in this procedure.

Working Days – Days when the College is open and operating under a normal schedule. This excludes weekends, closings due to adverse conditions, and holidays.