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Appellate Procedures

  • Right to Appeal: Every accused student or group has the right to an appeal on the grounds set forth below. An accused student or group waives that right when he, she, or it resolves conduct charges through one of the informal proceedings outlined above. A victim who has notified the Student Conduct Administrator in writing in advance of the hearing of his/her/its desire to serve as a complainant has the right to appeal the finding that the accused student or group is not responsible on the grounds set forth below.
     
  • Information Considered on Appeal: The appeals board will have access to (1) the record of the original proceedings; (2) written appeals statements submitted by the parties; and (3) and any new evidence that the accused could not have reasonably acquired by the hearing date. When an appeal is based on procedural error, the Student Conduct Administrator or designee may provide any information or documentation relevant to that claim to the Appeals Board. Hearings shall not be conducted by the appellate body.
     
  • Grounds for Appeal: An appeal may be made based only on one or more of the following reasons:
    • Procedural Error: There was a procedural error so great that it is likely to have impacted the decision during the hearing
    • New and Significant Evidence: New and significant evidence appeared that could not have been discovered by a properly diligent charged student or complainant before or during the original hearing and that could have changed the outcome of the hearing
    • Disproportionate Sanctions: The sanctions were disproportionate to the findings.
       
  • Form of Appeal: A request for appeal, including a written statement identifying the grounds on which the appeal is based and supporting the appeal, must be submitted in writing to the Student Conduct Administrator, or designated representative, within five working days after receiving notice of the original decision. In exceptional cases, a student may request an extension by writing to the Student Conduct Administrator with a showing of good cause no later than two working days before the deadline; if a request is not granted by the next working day, the original deadline applies.

    The written statement in support of the appeal must be detailed and include a statement identifying the specific ground(s) on which the appeal is being made. An appeal made on grounds other than the three grounds set forth above may be rejected as unmeritorious by the Student Conduct Administrator or designated representative.

    Failure to request an appeal in writing or to provide a written statement in support of the appeal will render the original decision final.

    The Student Conduct Administrator or designated representative will notify the non-appealing party of the request for an appeal. Within five working days of receipt of the notice, the non-appealing party may submit a written statement to be included in the case file. The appeal may proceed without the non-appealing party's written statement if it is not submitted within the designated time limit.

  • Deferral of Sanctions: The enforcement of sanctions may be deferred during appellate proceedings, at the discretion of the Vice President for Student Affairs or designated representative.
     
  • Timeframe for Appeal: In cases that were heard by the Student Hearing Panel or in cases involving gender-based personal violence, the Appeals Board will be scheduled within 30 days of the accused student and complainant receiving notice of the hearing decision during the academic year, barring exceptional circumstances. All other matters will be heard at the next Appeals Board session.