Appeals Process
An appeal may be requested on any first-level decision, provided that one or more of the reasons for appeal listed in 10(c) is relevant to the case. On appeal, the burden of proof rests with the student to show clearly that an error has occurred during the first level hearing process. The appellate body varies depending on the initial hearing body and is outlined below. All appellate decisions are considered recommended decisions to the Vice President of Student Affairs (or designee). If a student wishes to appeal a decision, he/she must complete an appeal form and submit it to the Office of Student Rights and Responsibilities within five class days receipt of the initial hearing decision.
Click here for an appeal form
A. Appellate Bodies
1. Recommended decisions of the Student Judicial Board may be appealed to the Dean of Students (or designee)
2. Recommended decisions of Greek Judicial Boards may be appealed to the Dean of Students (or designee).
3. Recommended decisions of the Housing Judicial Board may be appealed to the Director of University Housing (or designee).
4. Recommended decisions of Administrative Hearing Panels may be appealed to the Dean of Students (or designee).
5. Decisions of the Director of Student Rights and Responsibilities (and designees) may be appealed to the Dean of Students (or designee).
6. Decisions of other hearing officers appointed by the Dean of Students may be appealed to the Dean of Students (or designee, including a panel).
7. Decisions of hearing officers appointed by the Director of University Housing may be appealed to the Director of University Housing (or designee).
8. Decisions of the Dean of Students may be appealed to the Vice President for Student Affairs.
B. Appeal Requests
1. A written request shall be submitted to the Office of Student Rights and Responsibilities or University Housing (see Section (a)) within five class days after the student is notified of the initial hearing decision.
2. The request shall state the reason(s) for appeal (see (c) below), the supporting facts, and the recommended way to correct the error.
C. Appeal considerations are limited to:
1. Due process errors involving violations of a charged student's rights (See Section (6)) that substantially affected the outcome of the initial hearing.
2. Demonstrated prejudice against any party by the person presiding over the hearing. Such prejudice must be evidenced by a conflict of interest, bias, pressure, or influence that precluded a fair and impartial hearing.
3. New information that was not available at the time of the original hearing.
4. A sanction that is extraordinarily disproportionate to the offense committed.
5. The preponderance of the evidence presented at the hearing does not support a finding of " responsible". Appeals based on this consideration will be limited solely to a review of the record of the first-level hearing.
D. Appellate Review
1. Will involve an initial file review by the appellate officer. The appellate officer may make a determination based solely on this review. The outcome of the file review may become the official decision (see Section (e) below regarding appellate decisions).
2. If the appellate officer determines a need for additional information, he/she may request written materials and/or an appeal hearing with the charged student (see sections 3-7 below).
3. If deemed necessary, an appeal hearing will be scheduled within ten class days of receiving the written request for appeal.
4. If deemed necessary, an appeal hearing will involve hearing the charged student and any witnesses called by the student; the appellate officer may determine whether he/she needs to call any further witnesses or gather additional information.
5. An appeal hearing will be audio recorded; this recording will serve as the official record of the hearing.
6. The charged student will be afforded the opportunity to bring an advisor to the appellate hearing. (See section (7)(c)3 regarding the role of an advisor.)
7. All hearings will be fair and impartial. A student may submit a written challenge to the impartiality of any appellate officer to the Office of Student Rights and Responsibilities or University Housing.
E. Appellate Decisions
1. The appellate officer may affirm, modify, or reverse the first-level decision, or order that a new hearing be held.
2. All decisions are recommended to the Vice President for Student Affairs. The Vice President (or designee) has the right to affirm, modify, or reverse the recommended decision, or to order a new hearing.
3. All decisions are communicated in writing within fifteen class days of an appellate hearing. This time period may be extended if necessary for consideration of the record on appeal.
4. Once approved by the Vice President (or designee), appellate decisions become final agency action. Final agency action decisions may be appealed to the First District Court of Appeals.
5. Except in the case of an immediate suspension, the student's status will remain unchanged until the resolution of the University appellate process. |
