Appeal Procedure of Administrative and Student Conduct Board Hearings
Students found responsible for violating the Standards of Conduct may request one appeal of an administrative hearing or student conduct board hearing outcome. As indicated previously, students who report sexual misconduct incidents may request one appeal of an administrative hearing outcome. While an appeal is pending, the student found responsible must comply with the sanctions deemed necessary by the Director of the Office of Rights and Responsibilities.
The Dean of Campus Life or designee will determine the most appropriate person/group to serve as the appellate body from the list below:
- Dean of Campus Life or designee
- Director of the Office of Rights & Responsibilities (only an option if the director was not involved in the conduct conference or hearing)
- Individual faculty, staff, or administrator trained to serve as an appeal administrator
- Administrative panel of two or more faculty, staff or administrators trained to serve as an appeal panel
- Student conduct boards trained to serve as appeal boards
The written request for an appeal must be filed with the Assistant to the Dean of Campus Life within three working days from the date the hearing outcome letter is issued. The consideration of the request for an appeal and the appeal itself shall be limited to a review of the hearing record. It is not a new hearing, except as necessary to explain the basis of information required under #2 below. The student(s) must explain the basis for the request for an appeal in writing. The appeal administrator(s) assigned to the case will determine if one of the three following criteria has merit:
- A significant procedural error occurred that reasonably may have impacted the outcome.
- Newly discovered information exists which is sufficient to alter a decision and which by due diligence could not have been discovered in time for the hearing. Deliberate omission of information by the appealing party is not ground for an appeal.
- The sanction is inappropriate or disproportionate given the details of the case.
The progression of an appeal:
The assigned appellate body will determine if one of the criteria has been met. If one has not been met, the request for an appeal is denied and the determination of the conduct hearing is final.
If the request for an appeal is granted on the basis of newly discovered information, the matter may be referred back to the original conduct hearing administrator(s) or student conduct board for reconsideration of the original determination or sanction.
If the request for an appeal is granted on the basis of a significant procedural error or a sanction which is inappropriate or disproportionate given the details of the case, the appellate body shall determine the appeal process from the options below:
- Conduct a new hearing,
- Refer the matter to another administrator(s) or board to conduct a new hearing, or
- Revise the sanction (if the issue of responsibility is not in dispute).