Appeal Process

Responding students, student organizations, and aggrieved parties may appeal outcomes of student conduct cases, except in cases where the appeal right has been waived as a result of a voluntary agreement. In cases of a voluntary agreement involving a disciplinary suspension or disciplinary dismissal, students maintain limited appeal rights. Only one appeal is collectively afforded to all parties involved in a student conduct case.

Appeals are not re-hearings of student conduct cases, but only serve to review the conditions within which a case was resolved. Because this a not a new hearing of the case, the burden rests with the appealing party to establish that the original hearing and/or the decision reached are improper. Appeals officers and appeals boards shall give deference to the original decision unless it is established as more likely than not that the appellant was deprived of a fair process; they shall not supplant their judgment over the decision of the original hearing body without cause.

Filing an Appeal

To file an appeal, the appellant, must follow the procedures established in the Code of StudentConduct and complete an Appeal Request Packet. It must be submitted to Student Conduct and Community Responsibilities (SCCR) at 120 Student Services Building (or sent via email attachment) by the established deadline in the decision letter.

The criteria for filing an appeal are:

• Procedural Error—the appellant is contending that a substantive error was committed as a part of the student conduct process that deprived the appellant of a fair hearing of the case. This would include but not be limited to a substantiated bias, an arbitrary and capricious finding, a material deviation from established procedures, etc.
• New Information — the appellant is contending that there is new information that was unavailable to the appellant at the time of the original proceeding, and that this information would have substantially impacted the outcome of the proceeding. The student must include the new information with the appeal. Note that this criteria may not be utilized by students who choose or fail to attend or participate in the original proceeding they are appealing.
• Disproportionate Sanction — the appellant is contending that the sanction is not appropriate to the findings of the case.
• Unsupported Conclusion — the appellant is contending that the decision reached by the hearing body is arbitrary and capricious, and is unsupported by substantial information.

Appeals Process Procedures

Appeals of University Hearing Panel or Administrative Hearing Officerdecisionsshall be subject to the following procedures:

1. Appeals of decisions reached through case management conferences are reviewed by the Assistant Vice President/Dean of Students or designee except in cases involving Disciplinary Suspension and Disciplinary Dismissal. They shall review the information provided by the appellant, as well as all case information. In some cases, the Dean or designee may invite the appellant to provide additional information in person or by telephone. The Dean or designee will respond to all appeals within ten University business days of receipt. The Dean’s or designee’s decision is final, subject to no further route of appeal.
2. Appeals of administrative hearing decisions, University Hearing Panel (UHP) decisions, and case management conferences involving Disciplinary Suspension and Disciplinary Dismissal shall be reviewed the by the University Appeals Board (UAB). The Chair of the UAB will review the request for appeal submitted by the appellant, as well as all case information, to ensure that the appeal meets the criteria for appeal. In some cases, the Chair may invite the appellant to provide additional information in person or by telephone. The Chair will respond to all requests for appeals within five University business days of receipt. Cases involving allegations of sexual misconduct, relationship violence, and violations of the University Anti-Harassment and Non-Discrimination Policy shall not be heard by the UAB.
3. Appeals of cases involving allegations of sexual misconduct, sexual exploitation, relationship violence, and violations of the University Anti-Harassment and Non-Discrimination Policy shall be reviewed by the Assistant Vice President/Dean of Students’ Appeals Board. The Dean will review the request for appeal submitted by the appellant, as well as all case information, to ensure that the appeal meets the criteria for appeal. In some cases, the Dean may invite the appellant to provide additional information in person or by telephone. The Dean will respond to all requests for appeals within five University business days of receipt.
4. If the Chair of UAB or Assistant Vice President/Dean of Students’ Appeal Board denies the appeal hearing, the case is closed, subject to no further route of appeal.
5. If the Chair or Dean grants the appeal hearing, the hearing will be convened within ten University business days to review the case.
6. In cases involving an aggrieved party, both the responding party and the aggrieved party shall be given the opportunity to appeal at the same appeals hearing. Whether or not both the responding party and the aggrieved party appeal, both shall be provided the opportunity to attend a hearing.
7. In cases involving allegations of academic dishonesty, the UAB shall include at least one faculty member and one student. The UAB Chair will make every effort to ensure that graduate students are utilized on the UAB when the case involves an allegation against a graduate student.
8. Proceedings of all appeal hearings shall abide by the following protocol:
1. All hearings are closed to the public.
2. The representative from SCCR offers a brief overview of the facts of the case to date.
3. The appellant offers a summary of their cause for appeal, providing any relevant information. Both the UAB (or AVP/Dean) and the representative from SCCR (generally the case manager or hearing officer) shall both have the opportunity to ask questions.
4. The representative from SCCR offers a response to the appellant’s case, providing any relevant information. Both the UAB (or AVP/Dean) and the appellant shall have the opportunity to ask questions.
5. Optional final statements can be made by both parties, beginning with the appellant.
6. In the event that there is a responding party, an aggrieved party, and a representative of SCCR present, the appellant shall proceed first, the counter party second, and SCCR third. In cases where both the responding student and aggrieved party file appeals, the responding student shall proceed first, the aggrieved party second, and SCCR third.
9. In cases where the Director of Equal Opportunity, Ethics, and Access (OEOEA) or their designee has issued a finding in relation to the University Anti-Harassment and Non-Discrimination Policy, appeals of the finding shall be directed to the University President or their designee. Sanctions in these cases may only be appealed to the Assistant Vice President/Dean of Students’ Appeals Board.

Appeals Process Outcomes

Upon conclusion of the Appeal, deliberations will take place in closed session to reach a decision, by consensus. In UAB hearings, the Chair shall observe the proceedings and aid in the authoring of a decision, but shall not participate in the deliberations.

Appeal hearings shall result in one of the following outcomes:

1. Affirm the original finding and sanction.
2. Affirm the finding and modify the sanction. In cases where the accused student 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 as deemed appropriate.
3. Remand the case for a new hearing or case management conference.
4. Written findings shall be conveyed to all parties within five business days of the hearing. Findings shall not be verbally provided at the time of the appeal hearing