The Appeal Process
The complainant and/or respondent shall have five (5) business days from the time that they are notified of an outcome to submit an appeal to the Department of Student Conduct and Community Standards. An appeal can be filed using the Appeals Board Request Form.
The appeal is not intended to re-hear or re-argue the same case and is limited to the specific grounds outlined below. The appeal must specify the applicable grounds for appeal, the facts that support the appellant(s)' claim(s), and the requested solution.
What are the grounds for appeal?
An appeal shall be limited to review of the verbatim record of the initial hearing and the supporting documents for one or more of the following purposes:
- To determine whether there was a misapplication or misinterpretation of the rule alleged to have been violated.
- To determine whether the hearing was conducted in violation of procedural requirements set forth in the code of student conduct, and whether these violation(s) significantly impacted the outcome of the hearing.
- To determine, whether there was a reasonable basis for the hearing board's or hearing officer's decision.
- To determine whether the sanction(s) imposed were grossly disproportionate to the violation(s) of the code of student conduct for which the respondent(s) was found responsible.
- To determine whether there is new evidence that was unavailable to the appellant(s) at the time of the hearing which is sufficient to alter a decision.
As a reminder, in a case where a respondent has accepted responsibility for violating the Code of Student Conduct, the appellant(s) may only appeal on the basis of, "the sanction(s) imposed were grossly disproportionate to the violation(s) of the Code of student Conduct for which the respondent(s) was/were found responsible."
How do I prepare an appeal?
In order to prepare an appeal, the appellant(s) may have reasonable access to all available materials related to the proceedings.
The appeal must specify the applicable grounds for appeal, the facts that support the appellant(s)' claim(s), and the requested solution. An appeal can be filed using the Appeals Board Request Form.
The appellee(s) will be notified if an appeal is filed and will have five business days to submit a written response to the appeal. The Department of Student Conduct and Community Standards maybe provide the Appeals Board with a written response. Copies of the appeal(s) and any response(s) will be made available to the parties.
Who hears the appeal?
The Appeals Board is composed of three hearing officers including one student and at least one faculty member; it may include one contract professional. No Appeals Board hearing officer may have participated in the initial adjudication of the case.
What appeal outcomes are possible?
The Appeals Board may exercise one of the following options in response to the appeal(s):
- The appeal may be denied and the outcome of the hearing upheld.
- The case may be remanded for a new hearing.
- The Appeals Board may reverse the finding of responsibility, in whole or in part, made by the Hearing Board or Hearing Officer.
- The Appeals Board may uphold, reduce, or increase the sanction(s) imposed by the Hearing Board or Hearing Officer.
- The Appeals Board may dismiss the appeal if the appeal is not based upon one or more of the grounds for appeal.
The decision of the Appeals Board is final.
Does the appeal process impact the sanction(s)?
Sanction(s) will not be imposed until the appellant has been notified of the Appeals Board decision. Students who have received an interim suspension shall remain on interim suspension until the conclusion of the appeal process.