Student Conduct Code - Section 7.2.7 Appeals
The fundamental component of our process is the student's right to appeal the outcome of their student conduct meeting. The appeal process does not include a new meeting with the University Appeals Board; rather, it is a review of the resolution officer's decision relative to the information discovered through the course of the student conduct process.
The outcome of a conduct meeting is subject to one request for appeal. 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.
The Appeal Request Form is available online and will be submitted to the Chair of the University Appeals Board (UAB). If you need assistance with the process or the form, the Office of Student Conduct, Rights & Responsibilities (OSCRR) is located on the 5th floor of the University Center.
A. Submitting an Appeal Request
It is the student's responsibility to submit an informative and substantive request for an appeal that will provide the University Appeals Board the ability to render a decision taking into account all submitted material from the student and the resolution officer.
- All Cases (excluding sexual misconduct): For all cases other than alleged sexual misconduct or crimes of violence, the respondent must submit the request for appeal through the process noted above within five (5) business days of the date on the decision notification letter.
Sexual Misconduct Cases: The appeals process for cases of Sexual Misconduct differ than the process described here and is outlined in the Sexual Misconduct Policy. 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 the UAB within five (5) business days of the date on the decision notification letter.
B. Appeal Criteria
A request for appeal will be considered if one or either 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 and how they affected the determination of the resolution officer.
- 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 to determine the validity of the request in accordance with the criteria described above. If the UAB determines the appeal to be valid, it will proceed with a review of the original process and all case file information (incident reports, witness statements, case notes, documents, etc.). In general, when 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, the UAB will have the authority to:
- Affirm the original decision
- Refer the case back to the resolution officer for further investigation and consideration if new relevant information has been presented
- Reduce or increase the sanction(s)
- Overturn the original decision
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).