Section 9. Appeal Process

The University has implemented procedures for students to appeal. Appeals are not re-hearing of the facts of the case, but rather an examination of the procedure and/or outcome. General dissatisfaction with the outcome of a conduct case or an appeal for mercy is not an appropriate basis for an appeal. Disciplinary actions or conduct sanctions/decisions rendered by members of the Student Life staff or its hearing officers may be appealed one time only to a hearing officer one professional level up from the person who rendered the original decision. The sanction(s) resulting from a disciplinary decision will be considered on hold until the decision is affirmed, modified or reversed in the appeals process. Additionally, only a student who has participated in the hearing process and has been found responsible for violating the Student Conduct Code may file a written appeal. If a student fails to attend a hearing, that student forfeits their right to appeal the decision rendered by the hearing officer or conduct board.

An appeal must be made in writing or electronically within five (5) business days of the notification of the outcome of the case to the parties involved in the original decision and should include the grounds for the appeal and all relevant information. Character statements, character witnesses, and letters of support that do not pertain to the incident in question cannot be considered. The decision to consider the appeal is a separate action from actually determining the appeal. If the appeal officer determines that the appeal does not meet any of the criteria for appeal, the student will be notified in writing via University email address within three (3) business days after the appeal request has been submitted.

The possible criteria for appeal are:

• The original hearing was not conducted according to established procedures or had significant procedural errors or irregularities that denied the student(s) a fair hearing.
• The student has new information that was not reasonably available prior to the original hearing and that information is likely to have substantially changed the outcome of the hearing.
• The sanction imposed appear/appears to be significantly incongruent with the violation.

All requests for appeal must outline the following:

• Any appeal based on criterion “A” must include all of the following:

1. Citation of specific procedural errors or irregularities with appropriate reference to the Student Conduct Code;
2. Reason(s) why procedural error was not mentioned in the original hearing;
3. Reason(s) why correction of error can contribute to a decision other than that which was originally made.

• Any appeal based on criterion “B” must include all of the following:

1. Nature of the new evidence;
2. Name(s) of anyone who will present this evidence;
3. Reason(s) why evidence was not discussed at original hearing;
4. Reason(s) why evidence can contribute to a decision other than that which was originally made.

• Any appeal based on criterion “C” must include specific information indicating that the sanction is unreasonable in light of the finding of responsible for violating the conduct regulation(s).

The appeal officer may take the following actions after considering or determining an appeal:

1. Remand the matter to the original hearing officer to be reheard in whole or in part. At the discretion of the appeal officer a different official or hearing method may be designated;
2. Affirm the original decision and sanction(s);
3. Reverse the original decision and sanction(s);
4. Affirm or reverse the original decision in part and/or alter the sanction(s) which could increase or decrease the severity of the sanction(s).

A notification of the decision regarding the appeal will be made to the student in person, in writing, or communicated via University email address. The appeal decision will normally be rendered within two weeks of the written appeal. The decision of the appeal officer is final and effective immediately.