Respondents and Complainants have the right to appeal a decision made by a case resolution body based on specific appeal criteria. An appeal will only be considered when the Appeal Form (Go to the online Appeal Form) is completed and submitted to Student Conduct within five business days from when the Decision Notice letter was sent. A reasonable extension to this deadline may be requested and can be granted at the discretion of the Director of Student Conduct. The Director of Student Conduct will then refer the appeal to an appellate officer for review.
If the Respondent submits an appeal, outcomes assigned will be considered “on hold” pending a final decision unless otherwise determined or in a case in which the Respondent was previously issued an Interim Suspension.
If an Appeal Form is received from either the Complainant or Respondent, or from both parties, within five days of the date on the Decision Notice letter, the other party(ies) involved in the Case will be notified that an appeal has been received. Neither Complainants nor Respondents have the right to view the appeal information which was submitted by the other party(ies). However, the appellate officer may reserve the right to forward any and all portions of the appeal to the other part(ies) as needed in order to address matters raised in the appeal. In such situations, the other party(ies) will be given the opportunity to submit a written response, which will only be considered when provided within the expressed deadline.
The appeal must include information to support the Appeal Criteria under which an appeal is being submitted. Appeals will only be considered in the following circumstances:
- The existence of procedural errors so substantial that it greatly impacted the findings, responsibility determination, and/or the ultimate Outcomes;
- Presentation of new and significant evidence which was not reasonably available at the time of the initial case resolution meeting and would likely alter the findings, responsibility determination, and/or the ultimate Outcomes; and/or
- The Outcomes imposed are substantially disproportionate to the severity of the violation.
NOTE: Disagreement with the decision is not grounds for appeal.
The following persons will be designated as Appellate Officers:
- If the Case was heard by Housing and Residential Education (HRE), any appeal will be reviewed by the Director of Student Conduct.
- If the Case was heard by Student Conduct staff or the Student Accountability Board (SAB), any appeal will be reviewed by the Provost & Executive Vice Chancellor or the Vice Chancellor for Campus Life & Inclusive Excellence or their designee.
The Appellate Officer will review the appeal, Student Conduct Records, and any other applicable information to determine if the appeal satisfies any of the Appeal Criteria. Then, the Appellate Officer is limited to taking one of the following actions:
- Deny the appeal and uphold the original decision based on not satisfying the Appeal Criteria.
- Accept the appeal in whole or in part based on satisfying the Appeal Criteria and either:
- send the Case back to Student Conduct for a new case resolution meeting; or
- dismiss the Case.
The Appellate Officer may not replace the judgment of the original case resolution body; the appellate process exists solely to review the procedures used in the student conduct proceedings.
The appellate officer will transmit a final decision on the appeal within 5 business days after the receipt of the appeal. If there are extenuating circumstances, all parties involved will be notified that an extension beyond five days is necessary for the Appellate Officer in making a decision on the appeal.