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 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.
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 or, 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 tot he 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
b. Increase their
c. Decrease their
d. Change the finding of
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
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.