Student Conduct Code - Section 7.2.7 Appeals
The outcome of a conduct meeting is subject to one request for appeal. In order to request an appeal, contact the Office of Student Conduct, Rights and Responsibilities, which is located on the 5th floor of the University Center, to receive a copy of the appeal form. A request for appeal may only be filed once and the decision is final. If a request for appeal is denied, a second appeal cannot be filed. If a request for appeal is granted, the outcome of any subsequent proceeding may not be appealed.
A. Submitting an Appeal Request
Sexual Misconduct Cases: For cases of alleged sexual misconduct or crimes of violence, the Respondent and the victim shall both have the right to submit a request for appeal to OSCRR within five (5) business days of the date on the decision notification letter. The written request for appeal must indicate what is being appealed (decision and/or sanctions) and must include answers to the questions on the request form in accordance with the criteria described on the form and below. OSCRR will forward the request for appeal to the University Appeals Board that reviews and processes all requests for appeal.
B. Appeal Criteria
A request for appeal will be considered if one or more of the following criteria is met:
- Procedural irregularities sufficient to affect the determination of the resolution officer. Resolution officers are expected to conduct themselves in accordance with OSCRR’s policies and procedures. Deviations from those policies and procedures that render their actions fundamentally unfair constitutes a sufficient basis for an appeal to the University Appeals Board. Procedural irregularities that are considered by the Board to be harmless and that did not, in the judgment of the Board, adversely affect the case, are not a basis for upsetting the determination of the original resolution officer. The student must describe and/or provide documentation of the procedural irregularities.
- New evidence that was not reasonably available for presentation during the conduct meeting, the introduction of which would reasonably be expected to affect the decision of the resolution officer. All available evidence, including testimony of witnesses, is expected to be presented to the original resolution officer. Only on that basis can the original resolution officer render fair and reasonable decisions. A student or student organization that seeks to introduce new evidence has the burden of demonstrating that the evidence was not reasonably available at the time of the original conduct meeting, and that the introduction of such new evidence can be reasonably expected to affect the determination of the original resolution officer. If the University Appeals Board determines that the student or student organization has satisfied this burden, the Board remands the case to the original resolution officer with instructions to reconsider the case in light of the new evidence. The student must describe the new and relevant information and explain why it was not available at the time of the conduct meeting.
C. Appeal Review
The University Appeals Board (UAB) will review the request for appeal, along with other pertinent information (incident reports, witness statements, case notes, documents, etc.) to determine the validity of the request for appeal in accordance with the criteria described above. In general, a request for appeal, when granted, results in a review of the original process, however, if necessary and at the UAB’s discretion, the student may be called in to discuss the appeal in person.
D. Actions Available to the University Appeals Board
Based upon their review of the case file and the student’s appeal request and supporting documentation, the UAB will have the authority to:
E. Appeal Decision Notification
The student will be informed of the decision pertaining to the request for appeal within ten (10) business days of submitting the request. In exceptional circumstances, the ten (10) business days notification requirement may be extended to allow adequate consideration of the request for appeal. If this is the case, the student will be notified.
If the request for appeal is denied, the student will be informed within ten (10) business days and will be held to the original decision and sanction(s) imposed (new deadlines may need to be provided depending on the timing of the appeal).