Respondents and Complainants have the right to appeal a decision made by a Hearing 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 calendar days of the date on the Decision Notice letter. An 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 Appeal Review.
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, administrators involved with the appeals process 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.
Decisions made by the Appellate Officer will be made, and Proper Written Notification provided, no later than five days after Student Conduct receives 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.
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 hearing 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: Not agreeing with the hearing 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 Conduct Review Board (CRB), any appeal will be reviewed by the Associate Provost for Student Life for Cases involving undergraduate student Respondents and the Associate Provost for Graduate Studies for Cases involving graduate student Respondents.
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 based on satisfying the Appeal Criteria and either:
- send the Case back to Student Conduct for a new hearing; or
- drop the Case.
Under no circumstances will the Appellate Officer replace the judgment of the original Hearing Body; the appellate process exists solely to review the procedures used in the student conduct proceedings, and not to re-hear a Case in its entirety.