Appeals

IX. Appeals

The Vice President bears responsibility for the review of appeals of student conduct decisions and shall review appeals of all cases heard by the Judicial Board or a hearing officer. The Vice President may establish a designee or an Appeal Review Board comprised of members from the pool with prior experience hearing disciplinary cases. The Appeal Review Board or appeal designee shall hear such appeals as referred to it and shall recommend its findings to the Vice President. The Vice President shall render a final decision.

Appeals arising from cases heard by the Committee on Student Conduct may be referred by the Vice President in appropriate circumstances to a subcommittee comprised of Committee members who did not participate in the original hearing. The sub-committee shall hear such appeals as referred to it and shall recommend its findings to the Vice President. The Vice President shall render a final decision.

Except as provided in Section VII. 3. D., grounds for appeal are: procedural error, new evidence or appropriateness of the sanction. The Vice President will review the appeal in accordance with these criteria and determine if the appeal is accepted for further review.

  • a. The referred party has the right to one appeal of a disciplinary sanction(s). The act of filing an appeal usually postpones the sanction required by the initial decision until the appeal process is completed, unless the Vice President determines postponement of the sanction may result in a threat to the University community.
  • b. A student must file an appeal with the Vice President within seven days of receiving notification of the decision on the judicial referral. An extension of the appeal period may be requested in writing to the Vice President to accommodate periods of University recess or for other extenuating circumstances.
  • c. The individual seeking the appeal must indicate, in writing, the specific bases or reasons for his or her appeal. The appeal statement should be of sufficient detail to permit the evaluation of the merit of the appeal.
  • d. The appeal board or committee will consider the written statement of appeal and recommend action to be taken. The individuals involved will receive written notification of the decision by the Vice President.
  • e. If the result of the appeal is an order for a rehearing, the hearing rules described above shall apply.

Appeals in Cases of Sexual Misconduct, Harassment, or Sexual Violence

In such cases, both parties will receive written notification of the judicial board’s decision and either party can then request an appeal according to the procedures described above under “Appeals”.

If one party requests an appeal, the non-requesting party will receive notice of the appeal and may submit either his/her own appeal or a written response to the requesting party’s appeal within seven days of the notification.  If both parties appeal, the appeal board will consider the appeals together. Both parties will be notified of the appeal board’s decision within thirty days of the last appeal received and the decision is final.