XI. Appeals

Students in the conduct process 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 in an appeal. If the student presents new information that was unobtainable at the time of the original review, the Office of Student Rights and Responsibilities may have the Review Officer(s) reconsider the incident. Decisions regarding appeals are made based upon the record of the original case and the information contained in the written appeal.

B. Grounds for Appeal: Grounds for appeal are limited to four categories:

  1. Procedural error that substantially impacted the outcome of the review process,
  2. Bias unknown at the beginning of the Review Meeting that substantially impacted the outcome of the review process,
  3. New information, previously unavailable, that would substantially impact the outcome of the review process, and/or
  4. 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:

  1. The student completed an Appeal Form and submits it to the Office of Student Rights and Responsibilities by the deadline indicated on their written decision letter, typically within 72 hours.
  2. The Appeal Form shall include:
    1. The appeal date,
    2. The grounds for appeal,
    3. A detailed rationale supporting the grounds for appeal, and
    4. The signatures of the person filing the appeal.
  3. The Office of 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 Office of Student Rights and Responsibilities informs the petitioner and they must submit an amended Appeal Form within 24-hours of the Office of Student Rights and Responsibilities’ notice.
  4. In considering an appeal, the appellate body must make a decision solely upon review of the written material and the record of the case.
  5. The original sanction imposed by a Review Officer may be deferred while a student is involved in the appeal process.

 

D. Possible Appeal Outcomes:

  1. The appellate body may refer an appealed case for reconsideration in light of certain factors to the Review Officers that rendered the decision being appeals.
  2. The appellate body may alter the decision and/or the sanction(s).
  3. 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 Office of Student Rights and Responsibilities assigns an appeal based on which Review Officer conducted the original Review Meeting. While usual routes of appeal taken are outlined below, the Office of Student Rights and Responsibilities may assign appeals at their sole discretion.

  1. Review Officer decisions, in which the Review Officers are Resident Directors, may be appealed to the Associate Director for Student Rights and Responsibilities.
  2. Review Officer decisions, in which the Review Officers are not Resident Directors, may be appealed to the Dean of Students.
  3. Appeals involving sanctions of suspension or expulsion are directed to the Vice President for Student Life.
  4. Appeals for physical assault or sexual misconduct cases are directed to the Vice President for Student Life.

Last Modified: November 1, 2016 at 6:59 pm