Appeals Process The respondent may appeal the finding of the Conduct Review Panel or the action plan and/or status imposed, to the Dean of Students. Standards for Appeal: Failure to receive the due process required by law. Severity of the action plan and/or status. New material or information that could not be discovered at the time of the review process. Decision is arbitrary and capricious and there is no evidence to support the decision. Process for Appeals: All appeals must be submitted to the Dean of Students for consideration in the form of a letter within five (5) business days of the date the original Outcome Letter is received. All appeals must specify the basis for the appeal. All sanctions of expulsion will be automatically appealed to the Dean of Students. If a respondent wishes to appeal the initial appeal decision, that appeal is to the next highest administrative authority and is final. The burden of proof for the appeal rests with the respondent. 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. After considering the appeal, the Dean of Students may reopen the case, order a new hearing with the same or new Conduct Review Panel, uphold the prior decision and/or revise the action plan and/or status. The Dean of Students shall provide the respondent written notice of their decision within five (5) business days. 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 status of suspension or expulsion has been imposed, in which case, an appeal can be heard by the Vice President for Student Affairs.. 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 Vice President for Student Affairs.
