Appeal Processes

Appeal of Administrative Hearing Decision

1. The respondent may submit an appeal to the Office of Student Conduct in writing within five business days of the date on which the decision was sent. The appeal must allege that:
   1. The decision is contrary to information presented at the hearing;
   2. The decision is contrary to new information or evidence that became available and was not known at the time of the hearing;
   3. Procedures were not followed during the process, including the presence of a conflict of interest or bias during the investigation or adjudication;
2. A proper appeal:
   1. Must clearly cite one or more of the reasons above.
   2. Shall be prepared by the respondent who may utilize the assistance of an advisor.
   3. Must be typed and is limited to 10 double-spaced pages with one-inch margins and a 12-point font.
   4. Shall not include character descriptions nor cite authorities outside the university.
3. If the sanctions being appealed do not include suspension, expulsion, housing removal, or housing suspension, the appeal will be heard by a single appellate officer who will be either the Director of Student Conduct, Dean of Students, or their designee. When sanctions include suspension, expulsion, housing suspension, or housing removal, the appeal will be heard by an Appellate Board.
4. Appellate Boards are composed of three campus community members trained by the Office of Student Conduct and may include staff, faculty, and students. Whenever possible, boards include at least one student representative. An Office of Student Conduct staff member serves as the non-voting Appellate Board Chair.
5. At the discretion of the Appellate officer or Board Chair, all pages beyond the ten-page limit may be disregarded or the entire appeal may be rejected if it does not meet criteria listed above.
6. Upon receipt of the appeal, a copy will be sent to the administrative hearing officer and any other party deemed appropriate by the university, including the complainant (if applicable). These parties may submit a response, limited to three double-spaced pages with one-inch margins and a 12-point font, to the Office of Student Conduct within five business days of the date on which the appeal was sent.
7. The respondent’s appeal, responses received from all appropriate parties, and all documentation contained within the respondent’s disciplinary file will be reviewed by the Appellate officer or Board.
8. The Appellate officer or Board, by majority vote, may decide to:
   1. Deny the appeal;
   2. Grant the appeal, and reduce or otherwise limit the sanctions applied as a result of the administrative hearing. A reduction in penalty or duration may be accompanied by the inclusion of educational interventions.
   3. Delay a final review of the appeal to receive additional information regarding specific issues raised in the appeal. Responses may be solicited from the respondent, the reporting party, the administrative hearing officer, and any relevant witnesses.
   4. Direct the Office of Student Conduct to provide a new hearing conducted by the Appellate Board if it is determined the decision is contrary to information presented in the hearing or contrary to new information not available at the time of the hearing.
   5. Allow the respondent to have the case handled beginning at any specific stage of the conduct process if it is determined that a procedural error materially affected the outcome.
9. The Appellate officer or Board’s decision, except any decision reached as the result of a re-hearing initiated due to procedural error, is final and will be implemented immediately by the Office of Student Conduct. The respondent and administrative hearing officer will receive notice of the decision. The complainant (if any) may receive notice of the decision and any sanction which affects them. A copy of these notices will be entered into the respondent’s disciplinary file and will be maintained by the Office of Student Conduct in accordance with procedures outlined in the records retention and disposition schedule.
10. A decision reached as a result of a re-hearing initiated as a result of a due process violation will be subject to all appeal options as described above.