A. Appeal Procedures for Respondents
Respondents have the opportunity to request review of the findings and/or outcomes, if any, of a Student Conduct Resolution Process through the appropriate appeals process.
Respondents may provide a written statement specifically stating the grounds for the appeal and any supporting information.
i. An appeal may be filed on one or both of the following grounds:
1. Procedural Error: A procedural defect in published procedures and processes which more likely than not would have had a significant effect on the decision. Disagreeing with the severity of assigned conduct outcomes is not considered procedural error.
2. New Information: The discovery of substantive new information that was unknown or unavailable to the student or student group at the time of the student conduct resolution process that more likely than not would have had a significant effect on the decision.
Appeal requests must be submitted, using the form linked below, within five days of the date of the decision letter from the Conduct Officer(s). The Resolution Center will confirm receipt of the appeal request. In exercise of reasonable discretion, the Resolution Center may defer assigned conduct outcomes while the appeal is being considered. The status of assigned outcomes will be included in the confirmation of receipt of the appeal request.
The Appeal process is not a rehearing of the case; it is a “documents only” process and no parties are present when an appeal request is reviewed. Appeal Officers are provided with information in the original Student Conduct Resolution Process, the decision made by the original Conduct Officer(s), and information submitted with the Appeal request. Appeal Officers have access to the recording of the Hearing Board's hearing, if applicable. The Resolution Center and/or its designee may also include a written response to the appeal request.
A panel of three Appeals Officers considers cases resulting in any Status-based Conduct Outcomes. One Appeal Officer considers all other cases.
ii. The Appeals Officer(s) may take the following actions:
1. Remand the case to the Resolution Center with specific instructions to correct a procedural error, review new information and/or reconsider the case.
2. Uphold the original finding and assigned conduct outcomes if it is determined that grounds for an appeal were not met.
The Appeal Officer(s) have fifteen days to make a decision, which shall be supported by a written rationale statement, Respondents will be notified of the decision. The decision of the Appeal Officer(s) is final and effective immediately.
B. Hearings related to alleged violations of the Harassment and Non-Discrimination Policy or the General Standards of Conduct related to any intentional conduct directed towards a person or group which threatens physical or psychological health or safety.
i. Complainants have an identical opportunity to request review of the decision (findings and assigned conduct outcomes) of a Student Conduct Resolution Process through the appropriate appeals process as outlined above.
ii. When the appealing party submits a request for appeal, the non-appealing party will have an opportunity to respond to the appeal. The non-appealing party must submit a response within five days. This response will be included in the materials available to the Appeal Officer(s).
iii. Complainants will be notified of the decision of the appeal, consistent with any notification provided regarding the original decision. Notification will be made in conformance with privacy laws, including FERPA.