Illinois State University sets student conduct actions based upon the operational procedures established by the Code of Student Conduct and Community Rights and Responsibilities. Appeal processes for students and registered student organizations are provided ensure that the procedures used for resolving student conduct and grievance matters are followed in such a manner as to provide fundamental fairness to all parties involved. An appeal is not a re-hearing of a case, but instead is an independent review of the process utilized to reach the original finding or decision.

If a student or registered student organization believes the decision-making process of their case was in error, please note that the burden of proof will be up to them to demonstrate that the decision-making process in the original matter was flawed.

Filing an Appeal

To file an appeal, a student, or registered student organization, must follow the procedures established in the Code of Student Conduct and complete an Appeals Request Packet. It must be submitted to Community Rights and Responsibilities at 120 Student Services Building by the established deadline in the decision letter.
Student and registered student organization conduct decisions reached during the informal process agreement with a case manager or hearing officer may not be appealed. Decisions reached by administrative case managers that are made without a student's agreement must be appealed to Associate Dean of Students Rick Olshak. Appeals should be delivered to 120 SSB (Campus Box 2440). The decision of the Associate Dean is final.

Disciplinary decisions of the University Hearing Panel and by Administrative Hearing Officers must be appealed to the Student Appeals Board (SAB). These may be delivered to Dr. Jessie Krienert, Executive Secretary, 120 SSB (Campus Box 2440). The decision of SAB is considered final.

All appeals of student grievance matters must be appealed to the Student Appeals Board (SAB). These may be delivered to Dr. Jessie Krienert, Executive Secretary, 120 SSB (Campus Box 2440). The decision of SAB is considered final.

Appeals Process Procedures

Appeals of University Hearing Panel or Administrative Hearing Officer decisions shall be subject to the following procedures:

A decision may be appealed by the accused student/registered student organization and/or the aggrieved party to the Student Appeals Board (SAB) within 5 University business days of the initial decision letter. Such appeals shall be in writing and shall be delivered to Community Rights and Responsibilities. Aggrieved parties may only appeal sanctions imposed for misconduct, not the finding of violations.
The appeal should be made in writing to the Executive Secretary of SAB (see Section XVIII.B.1 in the Code of Student Conduct). He/she should meet with the appealing party prior to the appeal hearing to review procedures and answer questions about due process.
The appeal hearing shall be an informal proceeding. The appealing party shall provide a rationale for the appeal and be questioned by the members of SAB. Responding parties shall also be given an opportunity to provide a statement and be questioned by members of SAB.
Except as required to explain the basis of new information, an appeal shall be limited to the review of the record of the original proceeding and/or supporting documents for determining if one or more of the following conditions exist:

Procedural Error – to determine whether or not the original hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures, deprivation of due process rights shall be considered procedural error. Any error committed must be determined to have substantially impacted the fairness of the disciplinary process.
Unsupported Conclusion – to determine whether or not the decision reached regarding the accused student was based on substantial evidence and a reasonable conclusion that a preponderance of evidence existed in support of the violation(s).
Disproportionate Sanction – to determine whether the sanction(s) imposed were appropriate for the violation of the Code that the student was found to have committed.
New Information – to consider new information, sufficient to alter a decision, or other relevant facts not brought out at the original hearing, because such information and/or facts were not known to the person appealing at the time of the original hearing

Cases in which a student has signed a disciplinary agreement with Residence Hall staff, the University Housing Services disciplinary officer, or with CR&R staff may not be appealed, except in cases involving suspension or appeal. Cases in which the University Housing Services disciplinary officer has imposed a decision upon a student without signed student consent and cases in which an CR&R staff member has imposed a decision upon a student without signed student consent may be appealed to Rick Olshak, Associate Dean of Students. Decisions of the University Hearing Panel and Administrative Hearing Officers may be appealed to the Student Appeals Board. All appellate decisions are considered final.

Appeals Process Outcomes

The Student Appeals Board (SAB) may, after reviewing all available and relevant information, elect to:

Affirm the finding and sanction originally determined.
Affirm the finding and modify the sanction. In cases where the accused student/registered student organization is the appealing party, the sanction may not be increased. In cases where the aggrieved party is the appellant, the sanction may be increased or reduced by SAB as it deems appropriate.
Remand the case for a new hearing, except in cases where the aggrieved party is the appellant.
Dismiss the case, except in cases where the aggrieved party is the appellant.

The members of SAB shall not supplant their judgment over the decision of the original hearing body, but only review the original hearing process and outcome to determine if the appellant was given a fair hearing and to determine if the outcome of the hearing was consistent with the information provided to the University Hearing Panel. Since deference shall be given to the determination of disciplinary bodies:

Sanctions should only be increased or reduced if found to be clearly disproportionate to the gravity of the violation or not commensurate with precedent for similar offenses and/or the accused student's/registered student organization’s prior disciplinary record.
Cases should be remanded to a new hearing if specified procedural errors were so substantial as to effectively deny the accused student/registered student organization a fair hearing.
Cases should only be dismissed if the finding of the disciplinary body is held to be arbitrary and capricious.