Code of Student Conduct - Article 8 - Appeals

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 Student Appeals if s/he (or the organization charged) disagrees with the sanctions imposed against him/her/it on the grounds listed in number 3 below.

2.   The respondent found responsible by the Committee on Student 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) to consider new information sufficient to alter a decision or other relevant facts not brought out in the original hearing only if such information or facts were not known to the person appealing at the time of the hearing. (3) the decision reached regarding the Respondent lacked substantive information, that is, whether there were facts sufficient to establish that a violation occurred. 

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, and requests an Appeal to the Committee on Student Appeals the written request shall be made to the Dean of Students within three business days following notice of the results. The Committee on Student Appeals shall review the written record of the case and, if appropriate, the recording (in part or in full) of the Hearing being appealed.  A new hearing shall not be conducted by the Committee on Student Appeals.

3.  The Dean of Students shall forward the Appeal and all pertinent case records to the Committee on Student Appeals which considers the appeal on the basis of the respondent’s written request, a written statement from the complainant and/or Chair of the Committee on Student Conduct, or the Dean of Students, and on the record of the case. The Committee shall review the written record of the case and, if appropriate, the recording (in part or in full) of the hearing being appealed. A new hearing shall not be conducted by the Committee on Student Appeals.

4.  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 Student Conduct; (3) remand the case to the Committee on Student Conduct for reconsideration.

5.  All decisions of the Committee on Student Appeals are final, and not subject to further appeal. The notification of the decision shall be sent to the Dean of Students.