Appeal Process Information
A fundamental component of our process is the student’s right to appeal the outcome and/or sanction(s) 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 Appeal Request Form is available online and will be submitted to the Office of Student Conduct, Rights and Responsibilities. If you need assistance with the process or the form, the office is located on the 5th floor of the University Center.
PLEASE NOTE: the appeals process for cases of Sexual Misconduct differ than the process described here and are outlined in the Sexual Misconduct Policy.
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 materials from the student and the resolution officer.
- The outcome of a conduct meeting is subject to one request for appeal. An appeal will be granted only if one or more of the following criteria is met with appropriate documentation:
- 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/or how the conduct process was not conducted fairly in light of the allegations and information provided.
- 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 must demonstrate 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 met this requirement, 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.
- The request for appeal form is available for pick up at the Office of Student Conduct, Rights and Responsibilities located on the 5th floor of the University Center. The student must be complete the appeal form and submit their request within five (5) business days of the date of the outcome letter. The request for appeal must include detailed responses in accordance with the criteria described in No. 1 above.
- The University Appeals Board (UAB) will review the request for appeal, along with other pertinent information, to determine the validity of the request for appeal in accordance with the criteria described in No. 1 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.
- The student will be informed of the decision pertaining to the request for appeal within ten (10) business days of the request being received by the UAB. 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 granted, the UAB may affirm the original decision; refer the case back to the original resolution officer for further consideration; reduce or increase the sanction(s); or overturn the original decision.
- A request for appeal may only be filed once. 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.