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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:

  • The respondent may appeal the finding of responsibility.
  • In matters involving sexual assault, domestic violence, dating violence, stalking or sexual activity that otherwise violates the Student Code of Conduct, the complainant may also appeal the finding of responsibility.

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Section B: Status Pending Appeal

Any sanction imposed shall be effective immediately and shall remain in effect for the duration of the conduct 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 revised or 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
  • 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 five (5) days of delivery of the decision letter. A student preparing an appeal is entitled to review all materials submitted to the Conduct Board, provided the student agrees to keep the information confidential. Review of materials must 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. The appeal shall specify the grounds for the appeal. A student who fails to file a notice of appeal and a written submission within the times specified waives the right to appeal.

The Dean of Students or designee, upon receipt of the detailed written appeal, shall then refer the appeal to the Student Conduct Appeal Board or the University Conduct Appeal Board, depending on which hearing body heard the matter originally.

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Section E: Composition

The Student Conduct Appeal Board shall consist of the Dean of Students or designee, functioning as the Chair with the power to vote.

The University Conduct Appeal Board shall consist of three (3) members; the Chair with the power to vote, and two (2) additional panel members. The two additional panel members cannot have served on the panel that issued the decision 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.
  • Failing to present information or witnesses that were known to the student at the time of the original hearing shall not be considered new evidence.
  • The burden is on the appealing party.
  • The appealing student does not ordinarily appear at the review; however, the University reserves the right to request that the student meet with the Appeal Board before the Appeal Board makes a decision.

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Section G: Outcomes of Appeals

Should an Appeal Board determine that neither Standard for Appeal has been met, the Chair shall inform the student in writing of the decision. Once it has been determined that the appeal fails to meet these Standards, the matter is concluded.

Should an Appeal Board determine that one or both of the Standards for Appeal have been satisfied, that Board shall:

  • dismiss the finding;
  • modify the finding; or
  • refer the matter to the hearing body for further review.

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