To be considered, appeals must allege facts supporting at least one of the following criteria:

• Procedural error sufficient to have altered the outcome of the hearing

• New, previously unavailable facts

• Evidence exists that would support a claim you were discriminated against; and/or

• Excessive or inappropriate sanctions.

Note: When a student declares them self “responsible” to a Student Code of Conduct violation, appeals can be based solely on the grounds of excessive or inappropriate sanctions. In matters involving alleged violations of the University’s Policy Against Discrimination, Harassment, and Retaliation, both the complaining party and the accused student will be afforded the right to appeal as provided in this section.

Appeals that are deemed by the reviewer as failing to cite one or more criteria, or allege facts supporting at least one of the above criteria, shall be dismissed without further action.

• 1. Before initiating an appeal, the decision of the CMO must be presented to the student in writing, after which the student has the right to appeal the decision and/or sanctioning. A finding of individual responsibility resulting in sanctions less than expulsion may be appealed to the Assistant Dean of Students. In cases when the Assistant Dean of Students rendered the original decision, appeals are directed to the Dean of Students. The decisions available for the outcome of an appeal are:

  • Uphold the original decision

  • Overturn the original decision

  • Modify the sanction(s)

  • Remand for a new hearing. In all remanded cases, the conduct officer may elect to dismiss the case rather than re-hear it. Past this stage there is no further option of appeal.

  2. Sanctions of individual students in cases involving expulsion or greater may be appealed to the Dean of Students who may take any of the actions listed above. Decisions made by the Dean of Students may be appealed to the Vice President of Student Life and Development. The decision of the Vice President of Student Life and Development in matters of appeal are final.

  3. The Dean of Students will review the accused student’s statement of appeal to determine whether it alleges facts supporting one or more of the following grounds for appeals:

  • Procedural error sufficient to have altered the outcome of the hearing

  • New, previously unavailable evidence

  • Evidence exists that would support a claim you were discriminated against; and/or

  • Excessive or inappropriate sanctions.

  4. An appeal that does not cite one or more of the criteria shall be dismissed without further action. An appeal that alleges the facts supporting one or more of the criteria is reviewed for merit. The decisions available for the outcome of an appeal are:

  • Uphold the original decision

  • Overturn the original decision

  • Modify the sanction(s)

  • Remand for a new hearing. In all remanded cases, the conduct officer may elect to dismiss the case rather than re-hear it. Past this stage there is no further option of appeal.

  5. If the Dean of Students does not modify the decision or sanctions, the sanctions will be imposed as directed if previously held in abeyance.

  Group/Organization Appeal

  A student group/organization aggrieved by a decision covered by this section of the Code may only appeal to the Dean of Students giving written notice within five (5) business days after the decision is announced. The decision of the Dean of Students shall be final, and conclusive, and the sanction(s) will be imposed as directed if previously held in abeyance.

Additional Procedural Requirements in Matters Involving Alleged Violations of the University’s Policy Against, Discrimination, Harassment, and Retaliation

In accordance with the University’s Policy Against Discrimination, Harassment, and Retaliation, the following procedures apply to matters involving alleged violations of that policy.  In addition, allegations of sexual assault or sexual violence may not be resolved using any informal resolution process (i.e., mediation).  The additional procedural protections outlined below will also be used when a party to a complaint of discrimination, harassment, or retaliation so requests, or in any other instance that the University deems appropriate.

• Standard for Determining Responsibility.  The standard used to determine whether the policy has been violated is whether it is more likely than not that the accused violated this policy.  This is often referred to as a “preponderance of the evidence” standard.

• Rights of Complainants and Accused Parties; Timing of Resolution.  The University shall provide any individual suspected or accused of violating this policy with a written explanation of the suspected or alleged violations of this policy.  Complainants and accused parties shall both be provided with the following in connection with the resolution of suspected or alleged violations of this policy. 

  • The opportunity to speak on their own behalf.

  • The opportunity to identify witnesses who can provide information about the alleged conduct at issue.

  • The opportunity to submit other evidence on their behalf.

  • The opportunity to review any information that will be offered by the other party in support of the other party’s position (to the greatest extent possible and consistent with FERPA or other applicable law).

  • The right to be informed of the outcome of the process (to the greatest extent possible and consistent with FERPA or other applicable law).

  • The opportunity to appeal the outcome of the process.

• Notification of Outcome.  After the conclusion of the process, the University will provide written notification to the complainant and the accused of the outcome (i.e., whether a violation of this policy has occurred) within seven (7) calendar days after the conclusion of any hearing or proceeding unless the school determines that additional time is required.  This notice shall be issued contemporaneously to both parties to the extent practicable.  The school may also disclose to the complainant information about any sanctions or corrective actions taken that relate directly to the complainant (e.g., a “no contact” order).  The school will maintain documentation of all hearings or other proceedings, which can take various forms (e.g., notes, written findings of fact, transcripts, or audio recordings, etc.).  In no event will the complainant in matters involving an alleged violation of the Policy Against Sex Discrimination be required to abide by a nondisclosure agreement that would prevent disclosure of the outcome. 

• Right to Appeal.  Both the accused student and the complainant may appeal the outcome of the process. Complainant appeals will be considered for the same grounds, and handled pursuant to the same procedures, as appeals by the accused student.

• Appropriate Corrective Action.  The University reserves the right to take any corrective action it deems necessary to prevent the recurrence of any violations of the University’s Policy Against Discrimination, Harassment, and Retaliation and to correct any discriminatory effects on the complaining party, regardless of whether there is a finding of a violation as a result of the process and regardless of what, if any, sanctions are imposed.