Student Code of Conduct - Appeal Procedure
Student Code of Conduct
V. Appeal Procedure
Discipline decisions or grievance hearing recommendation(s) made by a Student Conduct Committee Hearing Panel may be appealed to the University Conduct Appeals Panel. The University Conduct Appeals Panel is comprised of the following: a current or former faculty representative of the Student Conduct Committee, and a designee of the Chief Academic Affairs Office. The faculty representative serves as the chair. An appeal is not a new hearing, but is a review of the record of the original hearing. It serves as a procedural safeguard for the student. The burden of proof shifts from the University to the student or group charged with the offense. The student or group must show that one or more of the listed grounds for appeal has merit. A student or group will not appear before the review panel unless specifically requested to do so by the panel.
- Students will be asked for their current address at the original hearing. A letter containing the hearing panel’s decision will be mailed to this address certified mail within two working days following the hearing. Students may also pick up a copy of the decision letter at Student Conduct Education North Hall 103. Appeals must be submitted in writing with Student Conduct Education and Administration by 5:00 p.m. within seven (7) University /working days of the original hearing. Failure to file an appeal within the prescribed time constitutes a waiver of any right to an appeal.
- The appeal must cite at least one of the following criteria as the reason for appeal and supporting argument(s).
- The hearing was not conducted in conformity with prescribed procedures;
- The evidence presented at the lower previous hearing(s) was “insufficient” to justify a decision against the student or group (NOTE: this is not grounds for appeal in a Sanction Proceeding in which the student/organization has admitted responsibility for the violation);
- New evidence which could substantially affect the outcome of the lower previous hearing has been discovered since that hearing (NOTE: the evidence must not have been available at the time of the original hearing. Failure to present evidence that was available is not grounds for an appeal under this provision);
- The sanction is not appropriate for the violation (NOTE: This provision is intended to be utilized when a determined sanction is inherently inconsistent with University procedures and/or precedent. Simple dissatisfaction with a sanction is not grounds for overturning a sanction under this provision).
- The University Conduct Appeals Panel will review the record of the original hearing, including documentary evidence, and make a written recommendation to the Chief Academic Affairs Officer, based on the criteria cited as the reason for appeal.
- If the Appeals Panel is presented with new evidence which could not have been presented at the time of the original hearing, the matter may be remanded to the original hearing panel for a rehearing.
- If the sanction is considered too severe, the Appeals Panel may recommend the sanction be modified and the reasons for that recommendation.
- The Chief Student Affairs Officer shall review the recommendation and may consult with Appeals Panel members in reaching a final decision. The final decision will be communicated in writing by the Chief Student Affairs Officer to the appealing student or group, with a copy sent to the chair of the appeals panel and the appropriate department. The decision will normally be communicated within ten (10) working/school days of receiving the written recommendation, but may take longer during University recesses or in a complex case.
- The decision of the Chief Academic Affairs Officer shall be final.