Dean of Students

Student Professional Conduct Code - Article 8 - Appeals

A. Section 1.

Grounds For Appeal:

1.  The respondent who signed the Waiver of University Judicial Hearing statement may appeal only the sanction(s) to the Committee on Professional Conduct if s/he (or the organization charged) disagrees with the sanctions imposed against him/her/it.

2.  The respondent may request a Formal Hearing before the Committee on Professional Conduct if s/he (or the organization charged) questions the fairness of the action taken against him/her/it in an Informal Hearing.

3.   The respondent found responsible by the Committee on Professional Conduct for an offense may request an appeal before the Committee on Student Appeals. Such an appeal shall be based upon any of the following grounds: (1) prejudicial departure from the hearing procedure; (2) new and significant evidence; (3) convincing evidence that the sanction was arbitrary or capricious.

B. Section 2.

Appeal Procedure:

1.  If the respondent who signed the Waiver of University Judicial Hearing statement chooses to appeal the sanction(s), the written request shall be made to the Dean Of Students within three business days following notice of the hearing results. Such requests shall be approved.

2. If the respondent chooses not to accept the decision of the Informal Hearing, and requests an Appeal before the Committee on Professional Conduct, the written request shall be made to the Dean of Students within three business days following notice of the Informal Hearing results.  Such requests shall be approved. The Committee on Professional Conduct shall review the written record of the case and, if appropriate, the audio recording (in part or in full) of the Informal Hearing being appealed.  A new hearing shall not be conducted by the Committee on Professional Conduct.

3. If the respondent chooses to appeal the original decision of the Committee on Professional Conduct to the Committee on Student Appeals, the request shall be submitted in writing to the Vice President for Academic and Student Services within three business days following notice of the Formal Hearing results.

4.  The Committee on Student Appeals considers an appeal on the basis of the respondent’s written request, a written statement from the complainant and/or Chair of the Committee on Professional Conduct, or Dean of Students, and on the record of the case. The Committee first decides whether to grant the appeal. If the appeal is granted, the Committee shall review the written record of the case and, if appropriate, the audio recording (in part or in full) of the hearing being appealed. A new hearing shall not be conducted by the Committee on Student Appeals.

5.  Appeal Decisions: The Committee may: (1) affirm the finding and sanction(s) imposed; (2) affirm the finding and reduce, suspend or remand the determination of sanction to the Committee on Professional Conduct; (3) remand the case to the Committee on Professional Conduct for reconsideration.

6.  All decisions of the Committee on Student Appeals are final, and not subject to further appeal.