PORTAL CONTENT

Appeals Process

Appeal Process

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

1.  Procedural error sufficient to have altered the outcome of the hearing;

2.  New, previously unavailable facts;

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

4.  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.

All appeals must be made in writing, via email or in letter form, within 72 hours of a sanctioning decision.  Anything received after 72 hours are subject to review based on the decision of the Dean of Students or they will be dismissed.

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.

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:

i.   procedural error sufficient to have altered the outcome of the hearing;

ii.  new, previously unavailable evidence;

iii. evidence exists that would support a claim you were discriminated against; and/or

iv. 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

a.  Uphold the original decision;

b.  Overturn the original decision;

c.  Modify the sanction(s); or

d. 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.