The Appeals Process

Within four (4) business days of receipt of the Outcome Letter resulting from a Conduct Conference, the Respondent may submit an appeal through the Advocate system for their case to be reviewed by the Director. Once an appeal is submitted, the Conduct Officer’s decision will be stayed or held in abeyance (temporarily delayed), unless the Director determines that the health, safety, and welfare of the University community would be placed in jeopardy.

If the Respondent does not submit an appeal in accordance with the timeframe set forth in this section, the Conduct Officer’s Decision will become final, and sanctions will be implemented on the fourth business day after the expiration of the appeal timeframe.

An appellate review is an examination of a decision reached by a Conduct Officer for the purpose of determining whether there is cause to believe that the outcome of the hearing was reached without appropriate process. Any disciplinary decision, other than where the Respondent has waived their right to appeal or a formal warning has been issued, may be appealed. Only the student who has been found responsible for a Code violation may appeal.

The Director will review the record and supporting documents to consider only the following:

1. To determine whether jurisdiction was properly asserted under the Student Rights and Responsibilities;
2. To determine whether the underlying proceeding was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures, such that no significant prejudice to a student or the University resulted;
3. To determine whether the decision reached was clearly unreasonable based on the information presented; and
4. To determine whether the sanction(s) imposed were appropriate.

The Director shall consider the appeal and deliver a decision within thirty (30) calendar days of receipt of such appeal, except where adherence to such time period would be impracticable, in which case such time period shall be extended as warranted by the particular circumstances. The Director may decide to uphold, modify, or overturn the original decision. The Director’s Decision will become final.

In any case in which the assigned Conduct Officer is the Director, the next level of appeal automatically moves to the Vice President of Intercultural and Student Affairs.

The Respondent may appeal a decision of the Student Conduct Hearing Board to the Vice President of Intercultural and Student Affairs. Appeals are not new Hearings. Rather, the appellate review will be limited to a record of the original Hearings and supporting documents.

The Respondent may appeal the Hearing Board’s final decision, in writing, within five (5) business days of receipt of the decision by submitting a Statement of Appeal to the Vice President of Intercultural and Student Affairs. The Statement of Appeal must contain the following: (1) specific grounds for appeal; (2) specific relief requested; and (3) appellant’s reasons in support of the relief requested. If new evidence is the grounds for appeal, the Statement of Appeal must include a summary of the new evidence and its potential impact on the original finding. Appeals must be signed by the appealing party, may not be submitted to the University’s email system, and must be postmarked or hand delivered on or before five business days after receipt of the Hearing Board’s decision, to the Office of the Vice President of Intercultural and Student Affairs. The Vice President of Intercultural and Student Affairs may request the non-appealing party to make a written response to the Statement of Appeal.

The effective date of any sanction will be held in abeyance (temporarily delayed) automatically during the period in which an appeal may be filed and until the Vice President of Intercultural and Student Affairs reaches a decision; however, the Vice President of Intercultural and Student Affairs has the right to retain certain conditions or restrictions, particularly those related to health and safety issues and “no contact” directives.

After reviewing the record below, the Vice President of Intercultural and Student Affairs may:

1. Affirm the action, at which time the matter will be considered final and binding upon all involved.
2. Reverse the action taken by the Hearing Board and dismiss the case. A case will be dismissed only in rare and extreme circumstances.
3. Remand the case to the Hearing Board for a new hearing.
4. Increase or decrease any sanctions imposed based on information presented during the appeal process.

Within ten (10) business days of the receipt of the Statement of Appeal, the Vice President of Intercultural and Student Affairs will notify the parties in writing of the decision via by hand delivery, University email, or certified mail return receipt.

The decision of the Vice President of the Vice President of Intercultural and Student Affairs shall be final.