Procedures for Appeal
A student may appeal a decision made by the Assistant Dean of Student Conduct and Community Standards or designee to the Appellate Board. The only basis for this type of appeal is for Severity of Sanctions. The appeal must be submitted in writing to the Office of Student Conduct and Community Standards within seven business days from the date of the written documentation informing the student of the decision of the University’s hearing officer and the sanction(s) imposed.
If the Office of Student Conduct and Community Standards does not receive written notification for an appeal within the seven business day period, the sanction(s) shall be implemented. In cases where the appeal is granted, the Appellate Board will amend and implement the sanction.
A student may appeal a finding of responsibility made by the University Hearing Board to the University Appellate Board. A Fraternity/Sorority may appeal a finding of responsibility made by the Fraternity/Sorority Hearing Board to the Fraternity/Sorority Appellate Board. In the case of new information, the appeal must be submitted within seven days of when the new information becomes available. If an appeal is made based solely on the severity of the sanction imposed, the Appellate Board must determine whether the sanction imposed was appropriate for the violation of the student code that the student has taken responsibility for committing. Except as required to explain the basis of new information, an appeal shall be limited to the review of the verbatim audio recording of the initial hearing, when necessary, and supporting documents for one or more of the following purposes:
Severity of sanctions: To determine whether the sanction(s) imposed was appropriate for the violation of the Code of Conduct the student has taken responsibility for committing or of which the student was found in violation.
- Insufficient information: To determine whether the decision reached regarding the accused student was based on a preponderance of the information, that is, whether the facts in the case were sufficient to establish that “it is more likely than not” that a violation of the Code of Conduct occurred. In making such a determination, the Appellate Board shall not substitute its judgment for the judgment of the Hearing Board, but instead will review the Hearing Board’s determination only to see whether there was information sufficient enough to support the result reached.
- Improper procedure: To determine whether the original hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complainant a reasonable opportunity to prepare and present information that the Code of Conduct was violated, and giving the accused student a reasonable opportunity to prepare and present a rebuttal of those allegations.
- New information that has become available, but was not available at the time of the hearing: To consider new information sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original hearing.
Appeal hearings are document hearings; the student is not present.
In cases in which an appeal is requested, an automatic stay of sanctions will be granted. All sanctions will be held in abeyance pending the outcome of the appeal. The Office of Student Conduct and Community Standards reserves the right to deny a stay of sanctions in cases in which it deems appropriate.
Final decision of the Appellate Board shall be by majority voice vote by the members present and voting unless any member of the board requests a written secret vote of the members present and voting.
In cases in which the appeal is based on severity of sanction, the Appellate Board may amend the sanction or deny the appeal. If the Appellate Board grants an appeal for a reason other than severity of sanction, the matter shall be returned to the original Hearing Board to allow reconsideration of the original decision. In re-opening all cases, the decision of the Board regarding sanctioning may not result in more severe sanction(s) for the accused.
Procedures for Appeal – Academic Integrity Cases
Any student who believes that s/he has been accused of academic dishonesty unjustly may request a meeting with the faculty member and/or program director/department head or designee offering the course. Likewise, if the student views the punishment as excessive, given the circumstances, the appeal process may be initiated.
If such a meeting does not resolve the disagreement, and the student still believes the charge to have been unjust, s/he can appeal, in turn, to the dean of the college or director of the school or designee offering the course. If still not satisfied, the student can pursue a final level of appeal that should be forwarded in writing to the Provost.
Consistent with the procedures for complaint resolution, students must initiate any appeal related to a violation of the Academic Integrity policy within thirty (30) days after the sanction/decision has been issued.