VII. Appeal Boards

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 members will be members of the Conduct Board Panel who did not serve on the Hearing Panel from which the decision is being appealed. 

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 Student Conduct Administrator, Dean of Students or other appropriate administrator.
     
  • There is no right to appeal the sanctions or penalties issued by the Dean of Students or other appropriate administrator.  Appeal submissions disputing sanctions will not be approved.

Procedures

  • Within five (5) school days of receipt of the written appeal the Chair shall notify the appealing student of the date the Appeal Board will meet to review the appeal.
     
  • The Appeal Board shall conduct a review to affirm, reverse or modify the determination, or remand the case to the Hearing Panel.
     
  • Appeals are considered based on the merits of the documentation submitted.  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.
     
  • If the appeal is denied, the appeals process is completed except for cases of expulsion, which are referred to the appropriate senior administrator.
     
  • A student is entitled to only one appeal.  The decision of the Appeal Board is final and closes the matter.

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.