Grounds for Appeal
A student or student organization may only appeal a decision of the University Conduct or Academic Conduct Committees on one or both of the following grounds:
- Substantial new evidence, which was not available at the hearing and/or;
- Procedural error that significantly affected the outcome of the case.
An Additional basis for appeal in Title IX/Sexual Misconduct cases is that the Deputy Title IX Coordinator/investigator or any of the conduct committee members had a conflict of interest or bias for or against complainants or responding parties generally or the specific complainant or respondent that affected the outcome of the matter. In addition, in Title IX/Sexual Misconduct matters, both the complainant and the responding party can appeal the decision. Finally, in such cases, either party can appeal a decision by the Assistant Dean of Students to not move the matter forward to a hearing.
Except in Title IX/Sexual Misconduct matters, students or student organizations that fail to appear for their fact-finding meeting or hearing will not be allowed to appeal the decision in their case unless they can demonstrate that they were prevented from appearing by unforeseen circumstances beyond their control such as, for example, a personal or family medical emergency.
Form of the Appeal/Time to Appeal
Parties will have ten (10) working days from the date of the written notification of the decision in their case to submit a written appeal, if an appeal is available, stating the grounds for the appeal and the disposition the student seeks as a result of the appeal. If the appeal is based on new evidence, the appeal should specify in detail what the new evidence is, how it affects the matter, and why it was not presented at the hearing. New evidence in written form should be included with the appeal. If the appeal is based on a procedural error, the appeal should specify in detail what the procedural error was and how it prevented fair adjudication of the matter. If the appeal is based on a conflict of interest or bias, examples of objective conflict or bias must be presented and explain how they affected the outcome. In Title IX/Sexual Misconduct matters, the other party in the matter must be notified in writing of the appeal and given five business days to submit a written statement in response.
Appeals submitted by anyone other than the reporting or responding party will not be considered.
University Conduct Committee (UCC) Right of Appeal
Appeals from decisions of the UCC are decided by the Vice President for Student Affairs or his or her designee, generally within 30 days of the date of any response to an appeal is received. All information timely submitted by the responding or reporting party will be reviewed to determine whether there are grounds for accepting the appeal. If the appeal is rejected, the party/parties will be informed in writing with an explanation of the decision, and the matter will be closed. If the appeal is accepted, the party/parties will be notified in writing, and the non-appealing party will be given five business days to respond in writing to the appeal. Depending on the decision on the merits of appeal, the matter may be sent back to the Dean of Students office for a rehearing with a newly constituted UCC. The decision of the Vice President for Student Affairs or his or her designee is final.
Academic Conduct Committee (ACC) Right of Appeal
Appeals from decisions of the ACC are decided by the Senior Vice President for Academic Affairs and Provost or his or her designee. All information timely submitted by the responding party will be reviewed to determine whether there are grounds for accepting the appeal. If the appeal is rejected, the responding party will be informed and the matter will be closed. If the appeal is accepted, the matter will be sent back to the Dean of Students office for a rehearing with a newly constituted ACC. The decision of the Senior Vice President and Provost or his or her designee is final.
Student Organization Conduct Hearing Right of Appeal
Appeals from decisions of a Student Organization Conduct Hearing are decided by the Vice President for Student Affairs or his or her designee. All information timely submitted by the student organization will be reviewed to determine whether there are grounds for accepting the appeal. If the appeal is rejected, the student organization will be informed and the matter will be closed. If the appeal is accepted, the matter will be sent back to the Dean of Students office for a rehearing with a newly constituted Student Organization Conduct Hearing. The decision of the Vice President for Student Affairs or his or her designee is final.
