V. The Discipline Process
D. Procedures for hearing alleged violations of all other community standards of conduct
6. The appeals process
a. Grounds for appeal
A student may appeal the decision of the initial conference/administrative officer, or the Hearing Committee, on grounds that:
(1.) Fair consideration was not provided to the student, (i.e., there is evidence that some aspect of the hearing was prejudicial, arbitrary, or capricious).
(2.) New and significant information, not reasonably available at the time of the initial hearing, has become available.
(3.) The sanction or remedy imposed is not in due proportion to the nature and seriousness of the offense.
If the incident involves a violation of Title IX, the victim/survivor may submit an appeal following the same guidelines as outlined above for the accused student.
b. Appeal procedures
(1.) Within three working days of receipt of the discipline finding letter which is being appealed, a student must submit a letter to the conduct officer, which states the intention to appeal the decision, cites the specific ground(s) for the appeal from those listed in the immediately preceding section above, and provides information which substantiates the ground(s) on which the appeal is being made.
(2.) The materials outlined above and all relevant documentation from the hearing body/officer whose decision is being appealed, will be presented to a meeting of the Appeal Board.
(3.) The Appeal Board may contact the conduct officer whose decision is being appealed for further information.
(4.) On the basis of a review of this information only, the Appeal Board will determine if grounds for an appeal exist and, if so, whether or not to accept the appeal.
(a.) If the Appeal Board decides not to accept the appeal, the student will be notified in writing and the sanction assigned at the initial hearing will take effect immediately.
b.) If the Appeal Board accepts the appeal, on the grounds that (1) fair consideration was not provided to the student or that (2) new and significant information not reasonably available at the time of the hearing, the case shall be scheduled for a new hearing by a newly constructed Hearing Committee with directions to correct the deficiencies.
(c.) If the Appeal Board accepts the appeal, on the grounds that the sanction imposed is not in due proportion to the nature and seriousness of the offense, the Appeals Board may recommend to the vice president for student affairs a reduction or altering of (not to exceed) the original sanction.
(5.) After hearing all information and evidence, the Appeal Board will deliberate in private. The board will prepare its finding on the matter and forward it, in writing within two working days to the vice president for student affairs.
The vice president for student affairs will assure that the decision honors all aspects of the due process rights of the student, the requirements of this policy, and applicable SUNY Board of Trustees policy. In his/her review, the vice president for student affairs will not substitute his/her judgment for that of the Appeal Board but will correct any deficiencies and/or make any adjustments that are necessary. Any consultation with the president of the College which may be necessary will occur before the final decision is reached. In accordance with the authority assigned to the president of the College by the policies of the Board of Trustees of the State University of New York, the president may review and modify any decision made by any person or board operating under their authority under this policy as he/she deems appropriate.
When the decision has been reviewed and approved, the vice president for student affairs will notify the Appeal Board and the student, in writing, of the final decision of the College, such notification to occur within two working days of the receipt of the Appeal Board finding.
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