Appeals

The accused student may appeal the finding of the Student Conduct Board or Hearing Officer (Responsible/Not responsible) or the sanctions imposed to the Dean of Students.

(a) Standards for Appeal.

  1. Failure to receive the due process required by law.
  2. Severity of the sanction.
  3. New material or information that could not be discovered at the time of the hearing.

 

(b) All appeals must be postmarked or received in writing within five academic days of the date of the Notice of Decision/Sanction to the Dean of Students for consideration. All appeals must specify the basis for the appeal.

(c) The burden of proof for the appeal rests with the charged student.

(d) The student’s pre-decision status will remain unchanged pending the appeal determination by the Dean of Students, except where the Dean of Students, determines that the safety, health or general welfare of the student or the university community is involved.

(e) After considering the appeal, the Dean of Students may reopen the hearing, order a new hearing with the same or new Conduct Board or Hearing Officer, uphold the prior decision and/or revise the sanction. The Dean of Students shall provide the student written notice of his/her decision within five academic days.

(f) The appeal determination of the Dean of Students is final and binding on all parties. There are no further appeals within the University except in cases where the sanction of suspension or expulsion has been imposed, in which case, a final appeal can be heard by the University President.

(g) In cases of Sexual Misconduct or Sexual Violence, where the Dean of Students has served as the Title IX investigator, appeals will be decided by the Associate Provost for Undergraduate Studies and Institutional Effectiveness.