Students in the conduct system have the opportunity for self-initiated appeal. The appeal process may only be initiated by a student who has been found in violation of a policy, rule, regulation or standard, except that both Complainants and Respondents may appeal a determination involving the Sexual Misconduct Policy, as permitted by federal law. Students may appeal a decision once.
A. An Appeal is Not a Re-hearing
New information concerning the incident itself is not considered. If the student presents new information that was unobtainable at the time of the original review, the Associate Director for Student Rights and Responsibilities shall ask the Conduct Body to reconsider the incident. Decisions regarding appeals are made based upon the record of the original case and the information contained in the written appeal (see subsection C.2., below)
B. Grounds for Appeal
Grounds for appeal are limited to four categories:
- Procedural error that substantially impacted the outcome of the review process,
- Bias unknown at the beginning of the Review Meeting that substantially impacted the outcome of the review process,
- New information, previously unavailable, that would substantially impact the outcome of the review process, and/or
- Severity of sanction.
The appeal process may be initiated by any student who has been formally informed of the review process outcome.
C. Appeals Process
- The student completes an Appeal Form and submits it to the Associate Director for Student Rights and Responsibilities by the deadline indicated on her/his written decision, typically 72-hours.
- The Appeal Form shall include:
- The appeal date,
- The grounds for the appeal,
- A detailed rationale supporting the grounds for appeal, and
- The signature(s) of the person(s) filing the appeal.
- The Associate Director for Student Rights and Responsibilities reviews the written Appeal Form to assure that it contains appropriate grounds and sufficient detail to allow the appellate body to make a decision. If the appeal is improperly drafted or is insufficiently detailed, the Associate Director for Student Rights and Responsibilities informs the petitioner and s/he must submit an amended Appeal Form within 24-hours of the Associate Director for Student Rights and Responsibilities’ notice.
- In considering an appeal, the appellate body must make a decision solely upon review of the written material and the record of the case.
- The original sanction imposed by a Conduct Body may be deferred while a student is involved in the appeal process.
D. Possible Appeal Outcomes
- The appellate body may refer an appealed case for reconsideration in light of certain factors to the Conduct Body that rendered the decision being appealed.
- The appellate body may alter the decision and/or the sanction(s).
- The appellate body may uphold the decision and/or the sanction. If the original sanction(s) was deferred while the student was involved in the appeal process, a new deadline may be established for the original sanction(s) as deemed appropriate by the appellate body.
E. Levels of Appeal
Generally, the Associate Director for Student Rights and Responsibilities assigns an appeal based on which Conduct Body (or Review Officer) conducted the original Review Meeting. The usual routes an appeal may take are outlined below. However, the Associate Director for Student Rights and Responsibilities may assign appeals at his/her sole discretion.
- Community Review Board (CRB) decisions may be appealed to the Associate Director for Student Rights and Responsibilities or her/his designee.
- Review Officer decisions may be appealed to the Associate Director for Student Rights and Responsibilities, Associate Dean of Campus Life or the Dean of Student Development.
- University Review Board (URB) decisions are appealed to the Vice President for Student Life and Dean of Students.
- Appeals involving sanctions of Suspension or Expulsion are directed to the University President.
Last Modified: October 28, 2015 at 6:52 pm