Grounds for Appeal
The accused student or the complainant student may submit a written request for appeal to the Vice President for Student Affairs within three business days after a conduct decision is rendered. A request for appeal must be based on one of the following reasons:
- New information exists, unavailable during the original hearing, that could be outcome determinative;
- A material deviation from written procedures could have impacted the fairness of the hearing;
- The sanction(s) may be grossly disproportionate to the severity of the offense.
The Vice President for Student Affairs will, within three (3) business days after receiving the request for appeal, determine whether the petition meets at least one of the three grounds for an appeal hearing. The Vice President for Student Affairs may:
- deny the appeal if it does not meet one of the grounds;
- refer the complaint back to the CCC or PRB for re-opening of the hearing to allow reconsideration in light of whichever of the three ground(s) the appeal is granted upon; or
- refer the appeal request to the Appeals Board.
Appeals Hearing Procedures
If an appeal hearing is granted, the Appeals Committee will review the appeals document and any written or taped documentation regarding the original hearing, as needed. The Appeals Committee may confine their review to written or taped documentation only. However, as determined by the Appeals Committee, the Appeals Committee may speak with any student or board member involved with the hearing process for more information or clarification. The Appeals Committee will not conduct a new hearing of the original case. The Appeals Board will respond in writing to any request for appeal within ten business days of receiving the appeal from the Vice President for Student Affairs, unless extenuating circumstances exist.
Scope of Response.
The Appeals Committee may take the following action.
- Uphold the hearing board/officer decision.
- Increase the hearing board/officer sanction.
- Decrease the hearing board/officer sanction.
- The Appeals Committee may not change the finding of responsibility.
Finality of Appeals
Decisions made by the Vice President for Student Affairs and the Appeals Committee are final. No appeals of appeals are permitted.