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
- In matters involving sexual misconduct, the complainant
may appeal the finding of responsibility.
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.
Section C: 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.
Section D: Standard for Appeals
A decision set forth by the Student Conduct Board or
University Conduct Board may be overturned only when it is
- 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
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.
Section F: General
The following general provisions are common elements of
- 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.
Section G: Matters Involving
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.