The Appeal Process

The Appeal Process

The complainant and adjudicated student have five (5) business days to petition the Appeals Board in writing after receiving the hearing outcome. The letter of appeal must be sent to the Department of Student Judicial Affairs (SJA).

The appeal letter must include at least one of the grounds for appeal outlined in Section (H-3) of the Code of Student Conduct.

What are the grounds for appeal?

An appeal shall be limited to review of the verbatim record of the initial hearing and the supporting documents for one or more of the following purposes:

• There was a misapplication or misinterpretation of the rule alleged to have been violated.
• The hearing was conducted in violation of the procedural requirements set forth in the Code of Student Conduct, and these violations affected the outcome of the hearing.
• There was no reasonable basis for the Hearing Board’s or Student Conduct Administrator’s conclusion that a violation of the Code of Student Conduct had been proven by a preponderance of the evidence (more likely than not).
• The sanctions imposed were grossly disproportionate to the violations of the Code of Student Conduct for which the student was found responsible.
• New evidence, unavailable at the time of the hearing, is now available and is sufficient to alter a decision.

To prepare for an appeal, the complainant and adjudicated student may request a copy of all materials that will be reviewed by the Appeals Board.  

Who hears the appeal?

The Appeals Board is composed of three members including one student and at least one faculty member; it may include one contract professional. No Appeals Board member may have participated in the initial adjudication of the case. 

What appeal outcomes are possible?

• The appeal may be denied and the outcome of the hearing upheld.
• The case may be remanded for a new hearing.
• The Appeals Board may reverse the finding of responsibility, in whole or in part, made by the University Hearing Board or Student Conduct Administrator.
• The Appeals Board may uphold, reduce, or increase the sanction imposed by the University Hearing Board or Student Conduct Administrator.
• The Appeals Board may dismiss the appeal if the appeal is not based upon one or more of the grounds for appeal.

Does the appeal process impact the sanction(s)?

• Sanction(s) will not be imposed until the appellant has been notified of the Appeals Board decision. Students who have received an interim presidential suspension shall remain suspended until the conclusion of the Appeals process.
• The Appeals Board's decision is final subject only to the limited right for a presidential review requested by the Vice President for Student Engagement & Success or a student who has been sanctioned to dismissal or revocation of degree.