Appeals Process

Appeals

  1. The agreement reached as a result of an informal conference may not be appealed.
  2. A respondent or complainant may submit a request for an appeal of an outcome resulting from a formal conduct hearing no later than 4 business days after receiving notice of the decision or sanction. 
  3. A request for an appeal is to be submitted in writing to the AVPSA/Dean of Students, or designee. 
  4. The AVPSA/Dean of Students, or designee, will review a request for an appeal of an outcome resulting from a formal hearing. 
  5. The SCB or hearing officer may review a request for an appeal of an outcome resulting from a formal hearing with the AVPSA/Dean of Students, or designee.
  6. Appeals will be considered based on the following criteria:
    1. Failure to follow the process or procedures outlined within this Policy, which resulted in significant prejudice such that it impacted the outcome. Minor deviations from designated procedures will not be the basis for sustaining an appeal unless significant prejudice results.
    2. New information that was not known at the time of the hearing.
  1. Deviations from designated procedures will not be the basis for sustaining an appeal unless significant prejudice results.
  2. Upon receipt of the request for an appeal, the AVPSA/Dean of Students, or designee, will evaluate the appeal request and may decide to refer the request to the Appeals Board normally within 7 business
  3. The AVPSA/Dean of Students or Appeals Board may:
    1. Determine the appeal request merits a formal appeal hearing and schedule a hearing no later than 10 business days from the date the request is reviewed. Formal appeal hearings will be conducted following the same procedures as set forth for formal conduct hearings.
    2. Determine there are no grounds for the appeal thus upholding the decision.
    3. Refer the case to the hearing officer or SCB that originally heard the case for consideration of suggestions
    4. Change the original decision or sanctions after reasonable review of the appeal request and the decision rationale of the hearing officer or SCB.
  1. The Appeals Board is comprised of the Vice President for Student Affairs, or designee, who serves as the chairperson, a faculty or staff and a student (appointed by the SGA President) to consider an appeal from the formal hearing decision as to whether a student has violated the Community Standards. All members must be present for a formal appeal hearing. All decisions will be made by a majority vote.
  2. The respondent and complainant (if applicable) will be informed of the decision in writing.
  3. Appellate decisions are final.