Appeals of University and Student Conduct Hearings

Contents


Section A: Right of Appeal

Once the hearing has been completed and a determination has been made, each party may appeal as follows:

  • The accused student may appeal the finding of responsibility.
  • In matters involving sexual misconduct, the complainant may appeal the finding of responsibility.

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Section B: Status Pending Appeal

Any sanction imposed shall be immediately effective and shall remain in effect for the duration of the student conduct process through the conclusion of the appeal process.

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Section C: Standard for Appeals

A decision set forth by the Student Conduct Board or University Conduct Board may be overturned only when it is demonstrated that:

  • the student has submitted or presented information that indicates an omission in the Student Conduct Process that may have affected the final outcome of the board’s decision; or
  • the determination of responsibility cannot be supported by a preponderance of the evidence; or
  • there is new evidence which did not exist at the time of the hearing that would have a bearing on the Board’s original findings.

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Section D: Timing of Appeal

A student wishing to appeal must provide notice to the Dean of Students or designee in writing within seven (7) days of delivery of the decision letter. A student preparing an appeal is entitled to review all materials submitted to the Hearing Panel and to access the tape of the hearing, provided the student agrees to keep the information confidential. Review of materials shall be done by appointment with the Dean of Students or designee.

Within fifteen (15) days of delivery of the decision letter, a detailed written appeal must be submitted to the Dean of Students or designee for review whether the appeal meets the Standard of Appeal as set forth in Section D. The appeal shall specify the objections to the decision made by the Hearing Panel. A student who fails to file a notice of appeal and a written submission within the times specified waives the right to appeal.

If the Dean of Students or designee determines, in his or her sole discretion, that the written appeal fails to meet the Standard of Appeal, the Dean of Students or designee shall inform the student in writing. If the written appeal submission fails to meet the Standard of Appeal, the matter is concluded. The student has no right to revise the written appeal submission.

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Section E: Composition

The Student Conduct Appeal Board shall consist of the Dean of Students or designee.

The University Conduct Appeal Board shall consist of three members: the Vice President for Student Affairs or designee as Chair and with the power to vote; a full-time faculty member or administrator; and a University student. At the discretion of the Chair substitutes may be named when necessary. The faculty, administrator, and student member will be selected from members of the Conduct Board Panel who did not serve on the Hearing Panel from which the decision is being appealed.

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Section F: General Provisions

The following general provisions are common elements of appeals:

  • Parties are responsible for strict adherence to all deadlines and procedures for the filing and processing of appeals.
  • Failure to present information or witnesses that were known to the student at the time of the original hearing will not be considered new evidence.
  • Minutes and/or recordings of the University Conduct Board hearings will be available to the Appeal Board.
  • The burden of proof in an appeal rests on the appealing party to show why the previous decision should not be affirmed. It is not the responsibility of the Appeal Board to justify any decision imposed by the Hearing Panel.
  • There is no right to appeal the sanctions or penalties issued by the Dean of Students or designee. Appeal submissions disputing sanctions will not be approved.
  • The appealing student does not appear at the review; however, the University reserves the right to have the student meet with the Appeal Board before the Appeal Board makes a decision.

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Section G: Matters Involving Expulsion

If the Appeal Board approves the recommendation of expulsion, the written decision and all materials will be forwarded to the Executive Vice President or designee for final decision. The Executive Vice President or designee may direct that the student be expelled, permit the student to remain enrolled at the University subject to certain conditions (and other sanctions), or reject the recommendation and remand the matter to the Appeal Board with instructions for further proceedings.

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