The Appeals Process

Appeals are not new hearings. Rather, the appellate review will be limited to a record of the original hearing and supporting documents. Respondents may appeal based ONLY on one or more of the grounds below:

1. The hearing was not conducted fairly or in conformity with prescribed university procedures. The appellant must show that any alleged bias or deviation from these Student Disciplinary Procedures is likely to have adversely affected the outcome of the original hearing.
2. Sanctions imposed by the hearing body were substantially disproportionate to the violation(s) for which the student was found responsible.
3. New, substantive information, sufficient to alter the decision, exists and was clearly not known at the time of the original hearing.

The Respondent may appeal a decision of the Student Conduct Hearing Board.

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/Student Affairs within five business days of receipt of the Hearing Board’s decision. The Statement of Appeal must contain the following:

1. specific grounds for appeal
2. specific relief requested
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 for Intercultural/Student Affairs. The Vice President of Intercultural/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/Student Affairs reaches a decision; however, the Vice President of Intercultural/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, the Vice President of Intercultural/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 on 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 receipt of the Statement of Appeal, the Vice President of Intercultural/Student Affairs will notify the parties of the decision.