VI.Appeal Procedures for Student Conduct Board and University Conduct Board

A.    Right of Appeal
Once the hearing has been completed and a determination has been made, each party has a right to appeal as follows:

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

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.

C.    Timing on Appeal

  • A party wishing to appeal must contact the Dean of Students or designee in writing within five (5) school days of serving notice of the Student or University Conduct Board’s decision and notify him or her of the intention to appeal and request any materials described below.
     
  • A student preparing an appeal is entitled, within five (5) days of serving notice of appeal, 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.
     
  • Within fifteen (15) days after providing the notice of appeal, a detailed written appeal must be submitted to the Dean of Students for review whether the appeal meets the Standard on Appeal as set forth below.  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 on Appeal, the Dean of Students or designee shall inform the student in writing.  If the written appeal submission fails to meet the Standard on Appeal, the matter is concluded.  The student has no right to revise the written appeal submission.
     

D.    Standard on Appeal

  • A determination on appeal may be overturned only when it is demonstrated that:

o    the student has submitted/presented information that indicates an      omission in the Student Conduct procedure that may have affected the final outcome of the board’s decision; or
o    the determination below cannot be supported by a preponderance of the evidence; or
o    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.