Appeals

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Any student found responsible for a violation of the Student Code of Conduct, or any complainant in one of the cases listed in "Student Rights, Section B." above, may request a review of the determination and/or of the sanction(s) imposed by the student conduct board, subject to "Section C. Grounds for Appeal," below.

a. Burden of Proof

The burden of proof at the appellate level rests with the student to clearly show that an error has occurred during the conduct process; this is not a re-hearing of the student conduct case but rather a review of the specified error as outlined in "Section C. Grounds for Appeal," below.

b. Appellate Forums
  1. Decisions of the residence hall director/area coordinators or assistant director of residence life will be appealed to the director of residence life.
  2. Decisions of the director of residence life, or associate dean of students (or designee), will be appealed to the dean of students (or designee).
  3. Decisions of a student conduct board that do not involve violations of the Gender-Based Misconduct Policy will be appealed to the dean of students, with the exception of expulsion.
  4. Decisions of a student conduct board that involve violations of the Gender-Based Misconduct Policy will be appealed to an appellate review panel as determined by the dean of students, with the exception of expulsion.
  5. For cases not involving violations of the Gender-Based Misconduct Policy in which the final decision of the student conduct board is expulsion, the appeal will be decided by the president of the university (or designee).
  6. For cases involving violations of the Gender-Based Misconduct Policy in which the final decision of the student conduct board is expulsion, the appeal will be decided by an appellate review panel as determined by the president of the university (or designee).
c. Grounds for Appeal

Failure to describe the nature of the evidence in full detail in the appeal letter will result in the denial of an appeal. Appeal considerations are limited to:

  1. A violation of student's rights (see "Student Rights") or other procedures occurred that substantially affected the outcome of the hearing. Appeals based on this consideration will be limited solely to a review of the record and recording of the conduct hearing.
  2. New evidence, which was not available at the time of the original hearing and could have substantially affected the outcome. The nature of the evidence must be described in full detail in the appeal letter.
  3. The sanction(s) imposed were disproportionate to the violation of the Student Code of Conduct for which the student was found to be responsible.
  4. The grounds for appeal for students whose case was determined through a summary resolution is solely that the severity of the sanction is disproportionate to the nature of the offense.
  5. Failure to attend a hearing, if proper notice was given as set forth in this code, is not sufficient grounds for an appeal.
d. Appellate Review Process
  1. Initiating Appeal: A written appeal must be submitted within five business days of the receipt of the written decision, to the appropriate appellate body listed above in "Section B. Appellate Forums." If the student conduct board decision is not appealed within that time frame, that decision of the student conduct board becomes final.
  2. Record of Appeal: The record of appeal will consist of and be limited to the written appeal, written decision of the student conduct board, and any documentation relevant to the grounds for appeal.
e. Appellate Review Panel

The appellate body may convene an appellate review panel at its sole discretion.

f. The Appellate Body

The appellate body may:

  1. Affirm the decision previously rendered by the student conduct board.
  2. Return the case to the student conduct board for further review and adjudication.
  3. Reverse the decision rendered by the student conduct board and/or dismiss the case.
  4. Modify the decision rendered.
  5. Modify the sanctions (reduce or increase the sanctions imposed).
g. The Appellate Decision
  1. The appellate decision is sent in writing to the student, and to the complainant, where appropriate or required, within five business days of an appellate review unless notification is given that additional time is necessary for consideration of the record on appeal.