Student Conduct Code - Section 9 Appeals
- For cases specific to Sexual Misconduct, please see the appeals process outlined in the Sexual Misconduct Policy.
- For all other non-academic appeals, please see the process below.
A fundamental component of our process is the student's right to appeal the decision 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 staff member's decision relative to the information discovered through the course of the student conduct process.
The student has the right to one request for appeal. A request for appeal may only be filed once and the decision of the University Appeals Board will be 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 process outlined below is for non-academic misconduct. Please note that the appeals process for cases of Sexual Misconduct differs from the process described here and is outlined in the Sexual Misconduct Policy.
9.2 Criteria for Appeal
It is the student’s responsibility to submit an informative and substantive request for appeal that will provide the University Appeals Board the ability to make an informed decision. As such, the request for appeal must include specific justification on at least of the following criteria:
- Procedural irregularities sufficient to affect the determination of the resolution staff member. Resolution staff members 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 constitute 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 staff member. The student must describe and/or provide documentation of the procedural irregularities and how they affected the determination of the resolution staff member.
- 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 staff member. All available evidence, including testimony of witnesses, is expected to be presented to the original resolution staff member. Only on that basis can the original resolution staff member render fair and reasonable decisions. A student or student organization that seeks to introduce new evidence has the responsibility 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 member. If the University Appeals Board determines that the student or student organization has satisfied this responsibility, the Board remands the case to the original resolution staff member 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.
- The outcome(s) imposed are disproportionate given the context of the violation. The student must describe why they believe the outcome(s) are not in alignment with the violation.
9.3 Appeal Request Submission
The online Appeal Request Form must be submitted within five (5) business days of the date on the conduct decision notification letter. The form will be submitted to the Chair of the University Appeals Board (UAB). If the student has any questions about the appeal process or needs assistance with the form, they should contact the Office of Student Conduct, Rights & Responsibilities via email at firstname.lastname@example.org.
9.4 Compliance with Outcomes.
Students are expected to comply with all outcome deadlines pending the outcome of their appeal. If a student appeals a suspension or expulsion outcome, the student may be permitted to continue with their studies depending upon the nature of the violations and pending any terms of any interim actions put in place.
9.5 Appeal Decisions.
The University Appeals Board (UAB) will review the request for appeal to determine if it meets any of the criteria described above.
If the UAB determines the request for appeal does not meet any of the criteria, the request will be denied and the student will be notified via email.
If the request for appeal meets any of the criteria, the UAB will proceed with a review of the original process and all case file information (incident reports, witness statements, case notes, documents, etc.). The Board will make a final determination within ten (10) business days from submission of the request and it has the authority to:
- Affirm the original decision, including the outcome(s) imposed.
- Refer the case back to the resolution staff member for further investigation and consideration if new relevant information was not reasonably available at the time of the initial investigation has been presented.
- Reverse part or all of the original decision and resolve the incident with no additional action.
- Reduce or increase the assigned outcomes(s).