Appeals

 

This Appeals Process video provides an overview of the Office of Student Conduct appeals process.  

 

If you have been found responsible for a violation of the Code of Student Conduct, are the respondent/complainant in a Policy 1202 (Sexual Misconduct) violation, or have been placed on an interim status prior to a hearing (i.e. interim suspension), you may submit an appeal.

Only one (1) appeal may be submitted per case. If a case is remanded for a new hearing,
the respondent will have a new opportunity for one appeal.

An appeal is not a rehearing. It is a written review of the original hearing.

Below is the information on the three appeal types submitted to the Office of Student Conduct:

  • Appeal an Interim Measure
  • Appeal a Code of Student Conduct Hearing Decision
  • Appeal a Policy 1202 (Sexual Misconduct) Hearing Decision

Appeal an Interim Measure

To file an appeal, complete and submit the Interim Measure Appeal Form. Please be sure to include all relevant information on the form or in an attachment that outlines the specific issues and rationale for the appeal, including any supporting information.

Appeal a Code of Student Conduct Hearing Decision

To file an appeal, enter your intent to appeal by logging into the Student Portal, next complete and submit the online appeal form. Please be sure to include all new and significant information on the form or in an attachment within five (5) business days from the date of the decision.

  1. Log in to Student Portal.
  2. Consider the Student Conduct grounds for your appeal. Click all that apply.
    • Student Conduct: Bias of Hearing Officer or a Board Member
    • Student Conduct: Material Procedural Irregularity
    • Student Conduct: New and Material Information
    • Student Conduct: Severity of Sanction(s)
  3. Complete the Student Conduct Appeal Form and attach relevant documents

 

Code of Student Conduct Appeal Grounds

Requests for an appeal will only be considered for one or more of the following:

  1. The discovery of new and material information that was unavailable at the time of the hearing that, had it been available, it would likely have resulted in a different outcome of either the findings or sanctions. Information is unavailable if it was not known or could not have been discovered by the party through the exercise of reasonable diligence prior to the hearing. A witness or party failing to appear at the hearing is not valid grounds for an appeal.
  2. Material procedural irregularity in any part of the hearing process that had a material and significant impact on the outcome of the process.
  3. Bias of the hearing officer or a Board member, for reasons other than the stated rationale for the decision. or
  4. Severity of sanction(s).

 

Discontentment with a finding is never a valid reason for an appeal. It is the sole responsibility of the respondent to provide information to support the grounds for an appeal.

At the request of a student, and with the approval of the Office of Student Conduct, if the sanction(s) imposed include a housing suspension, university suspension or dismissal, or other restrictions, these sanctions will not be imposed until the appeal decision is rendered.  Students must make requests when filing an appeal on the Office of Student Conduct Website.

Appeal Decision

Once received, the appeal will be assigned to an Appeal Officer. The Appeal Officer will first determine if the student or student organization has grounds for appeal based on the criteria above. It is the sole responsibility of the appealing student to provide information to support the grounds for an appeal.

If there are grounds for an appeal, the Appeal Officer may:

  1. affirm the original decision;
  2. remand the case for a new hearing;
  3. modify the findings;
  4. modify the sanctions; or
  5. modify both the findings and sanctions.

Students who file an appeal will typically be notified of the decision within fifteen (15) days of the appeal review.  However, the Office of Student Conduct reserves the right to extend this timeline as needed to complete the appeal. Students have the opportunity to submit one appeal per conduct case.

Additional information on the Code of Student Conduct can be accessed here.

 

 The decision of the Appeal Officer is final.

 

Appeal a Policy 1202 (Sexual Misconduct) Hearing Decision

Either party may appeal the outcome of the hearing.

To file an appeal, the complainant or respondent must complete and submit the Policy 1202 Appeal Form.  Upon receipt of an appeal request, the Hearing Coordinator or designee will provide both parties a Notice of Appeal within five (5) business days. The Notice of Appeal will provide any appeal documentation that has been filed and the name of the Appeal Officer. The non-appealing party may submit a written response to any appeal submitted by the appealing party within five (5) business days.  The Hearing Coordinator will provide a copy of any response to the appealing party, the Appeal Officer, and the Title IX Coordinator.

Policy 1202 Appeal Grounds

Requests for an appeal will only be considered for one or more of the following:

  • Procedural irregularity that affected the outcome of the hearing.
  • The discovery of new evidence that was not reasonably available at the time the determination regarding responsibility was made that could affect the outcome of the hearing.
  • The Title IX Coordinator, Investigator(s), or Hearing Officer had a conflict of interest or bias for or against complainants or respondents generally or either Party that affected the outcome of the hearing.

Discontentment with a finding is never a valid reason for an appeal.

Appeal Decision

The Appeal Officer will base their decision on the written appeal request, any response, all case materials, and the recording of the hearing. The Appeal Officer may also consult with or request information from the Hearing Coordinator, the Title IX Coordinator, or the Title IX Investigator (e.g., information about an alleged procedural irregularity or bias). Any such consultations or requests and information provided in response shall be documented and maintained.

The Appeal Officer may decide to:

  • Deny the Appeal;
  • Remand the case with instructions to conduct a new hearing.

The Appeal Officer shall prepare a written decision and send it to the Hearing Coordinator and Title IX Coordinator. The Title IX Coordinator or Hearing Coordinator (with a copy to the Title IX Coordinator) will send a copy of the written decision to both Parties simultaneously. The documentation will contain the rationale for the appeal decision.

Appeals will ordinarily conclude within twenty (20) business days from receipt of the non-appealing party’s statement (or passage of the deadline to do so if no statement is provided) unless a longer period of time is determined to be necessary. If a longer time is needed, the Hearing Coordinator will notify the Parties.

In order to file an appeal, an appeal must be submitted within five (5) business days following the date the Notice of Determination is sent to the Parties. The appeal form must be received by 5:00 p.m. on the last day of the appeal period. Late appeals will NOT be considered.

If the Appeal Officer denies the appeal, this is a final decision. The decision and sanctions in the Notice of Determination are final and shall take effect immediately.

If the Appeal Officer remands the case, the Hearing Coordinator will schedule a new hearing. The Hearing Coordinator shall decide whether to use the same Hearing Officer on remand or select a new Hearing Officer.

If an appeal is filed, any sanctions imposed in the Notice of Determination are stayed pending resolution of the appeal.

Additional information on Policy 1202 violations can be accessed here.

 

The decision of the Appeal Officer is final.