Grounds for Appeal. Both the complainant and the accused have a right to appeal the outcome of a hearing in gender-based misconduct cases and cases involving violence. The respondent has the right to appeal in all other cases. The accused student or the complainant student may submit a written request for appeal to the Vice President for Student Affairs within three (3) business days after a conduct decision is rendered. A request for appeal must be based on one of the following reasons:
a. New information exists, unavailable during the original hearing, that could be outcome determinative;
b. A material deviation from written procedures could have impacted the fairness of the hearing;
c. The sanction(s) may be grossly disproportionate to the severity of the offense.
Process Review. 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:
a. deny the appeal if it does not meet one of the grounds;
b. refer the complaint back to the College Conduct Council, Gender-Based Misconduct Hearing Panel or the Peer Conduct Hearing Panel for re-opening of the hearing to allow reconsideration in light of whichever of the three ground(s) the appeal is granted upon; or
c. refer the appeal request to the Appeals Board.
Scope of Response of original hearing body. If the complaint is referred back to the original hearing body, then that body may take the following action:
a. Uphold their original decision.
b. Increase their original sanction.
c. Decrease their original sanction.
d. Change the finding of responsibility.
Appeals Hearing Procedures. If an appeal hearing is granted either by the original hearing board or the Appeals Committee, then the hearing board or Appeals Committee will review the appeals document and any written or taped documentation regarding the original hearing, as needed. The hearing board or Appeals Committee may confine their review to written or taped documentation only. However, as determined by the hearing board or Appeals Committee, they 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 hearing board or Appeals Committee 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 of Appeals Committee. The Appeals Committee may take the following action.
e. Uphold the hearing board/officer decision.
f. Increase the hearing board/officer sanction.
g. Decrease the hearing board/officer sanction.
h. The Appeals Committee may not change the finding of responsibility.
Finality of Appeals. Decisions made by the Vice President for Student Affairs, the Appeals Committee, and original hearing boards hearing appeals are final. No appeals of appeals are permitted.