Appeals for Behavioral Misconduct
A respondent has the right to appeal the outcome of a student conduct process on one or more of the following grounds:
- There was a material deviation from the procedures that affected the outcome of the student conduct process.
- There is new and relevant information that was unavailable at the time of the proceeding, with reasonable diligence and effort, that could materially affect the outcome.
- The sanction(s) was clearly inappropriate and/or disproportionate to the prohibited conduct for which the respondent was found in violation.
Appeals must be submitted in writing to SRR within five business days after the outcome letter is provided to the respondent. Failure to appeal within the time limit will make the original decision final and conclusive.
An appeal submitted within five business days will be reviewed by an employee designated by the Vice Provost for Student Affairs to determine if the appeal provides grounds as described above. This review by a designee will generally be completed within 14 days of the date the appeal is filed. In certain cases additional time may be required depending on the complexity of the case and other factors.
If an appeal is found to have provided grounds as described above, the appeal will be forwarded to an Appeals Panel. The Appeals Panel shall consist of one student, one faculty, and one staff member who did not participate in the original proceedings. In order to serve as a member of an Appeals Panel, individuals will confirm they do not have a personal bias regarding the parties and that they do not have previous knowledge of the incident or original proceeding, Respondents will also have the opportunity to review a list of potential Appeals Panel members for a conflict of interest. The decision to grant or deny the appeal will be based on information supplied in the written appeal and, when appropriate, the record of the original proceedings. As a general practice, the Panel will attempt to reach its decision within 45 days. The Panel may take additional time in individual cases depending on the circumstances involved, the complexity of the facts, and other factors. The decision of the Panel or the outcome and sanctions (if any) shall be final and conclusive. No further appeals will be permitted based on the original resolution of the case. If the case is returned to the original or new panel or conference officer for a new panel or conference, the respondent retains appeal rights regarding that outcome.
During the appeal period, (implementation of) sanctions will be deferred, unless concern for campus safety necessitates immediate implementation of sanctions.
The Appeals Panel may
- Affirm the finding of the original hearing body,
- Remand the case to the original hearing body,
- Request that a new hearing body hear the case, or
- Recommend revised sanctions to the VPSA (if that is the grounds for appeal).