Student Conduct Code Appeal Process Effective October 1, 2018
The process for appeals is set forth in Article VII, Section E of the Student Conduct Code.
To ensure processing and tracking of an appeal, students are required to use the Appeal Form when submitting an appeal so that all necessary elements for the appeal are included. A request for appeal must be submitted within five business days of delivery of notice of a hearing outcome or notice of sanctions imposed.
A student found through either an Administrative Hearing or a Student Conduct Board hearing to have committed misconduct may appeal such a finding to the Vice President for Student Life. A student is afforded the option to appeal: 1) the finding of responsibility; and/or 2) the sanction(s) imposed. Upon receipt of an appeal, the Vice President for Student Life will decide whether the appeal will be considered: 1) by the Vice President for Student Life, 2) by an individual designated by the Vice President for Student Life, or 3) by an appeal committee composed of three individuals (one faculty member, one Student Life staff member, and one student).
1. Appeal of Finding of Responsibility
The grounds for appeal of a finding of responsibility are: 1) that the finding was arbitrary or capricious; or 2) that there was a material procedural error that substantially impacted the outcome of the hearing.
If the appellate decision-maker agrees that either ground or both grounds for appeal have been satisfied, the decision-maker can nullify the finding, send the matter back for a new hearing, or take other action as deemed appropriate at the discretion of the decision-maker. If the decision-maker does not agree that either ground of appeal has been satisfied, the decision-maker will affirm the finding of responsibility, and the University’s decision in the matter will be final.
2. Appeal of the Sanction(s) Imposed
If the student believes the sanction(s) imposed are not appropriate for the violation, he or she may file an appeal.
The appellate decision maker will then review the information provided in the appeal and other information as determined at the decision maker’s discretion and decide to:
a. Let the sanctions stand;
b. Modify the sanctions or impose different sanctions; or
c. Suspend the sanctions.
The decision of the designated decision maker regarding an appeal of sanctions constitutes the University’s final decision on the matter.