Grounds for Appeal. Both the complainant and the respondent have a right to appeal the outcome of a hearing in cases involving violence. The respondent has the right to appeal in all other cases. A written request for appeal must be submitted 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, 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.
*If the Vice President for Student Affairs is
unable to process the appeal, then another member of Hendrix Senior Staff will
process the appeal using the same guidelines. If the Vice President for Student
Affairs or other Senior Staff member is unable to provide a response to the
appeal request within three days, then that official will contact the appealing
student in writing within three days of receiving the request to provide an
updated timeline for determining the status of the appeal.
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.
Resources Available to Students
Orders of Protection
Hendrix No-Contact Order: Students
are entitled to seek a no-contact order that imposes reasonable restrictions on
student contact. The Dean of Students office will issue the no-contact order.
Students should contact the Dean of Students office at 501-450-1222, visit the
office, or email Dean Baoua at Baoua@hendrix.edu
or Dean Wiltgen at Wiltgen@hendrix.edu
for this request. Because Hendrix No Contact Orders are only institution-based,
both parties must be students for the order to be in effect. At the point that either
party graduates or is withdrawn from the College, the No Contact Order ends.
Legal Order of Protection: Students
may also pursue an Order of Protection from the Faulkner County Prosecuting
Attorney’s Office. The Victim Service Center of the Prosecuting Attorney’s
Office should be contacted to pursue this option. The phone number is
501-450-3051. The Dean of Students
Office will assist you in pursuing an Order of Protection if you would like to
do so. Students should contact the Dean of Students office at
501-450-1222, visit the office, or email Dean Baoua at Baoua@hendrix.edu or Dean Wiltgen at Wiltgen@hendrix.edu for this request.
See the Gender-Based Misconduct
Policy for resources and remedies available to those involved in those