The appeal process:
A student may elect to appeal the decision made during a missed Initial Conference, or a decision determined by a hearing body, on one or all of the following grounds:
- Fair consideration was not provided to the student, (i.e., there is evidence that some aspect of the hearing was prejudicial, arbitrary, or capricious).
- New and significant information, not reasonably available at the time of the initial hearing, has become available.
- The sanction or remedy imposed is not in due proportion to the nature and seriousness of the offense.
The sexual and interpersonal violence appeal web page can provide more information related to appeals involving allegations of sexual and interpersonal violence.
- Within three (3) business days of receipt of the discipline finding, a student seeking to appeal shall submit a letter to the Office of Community Standards through the Conduct Appeal Form, which states their intention to appeal the decision, cites the specific ground(s) for the appeal from those listed above, and provides information to support the ground(s) on which the appeal is being made.
- All the materials submitted by the student and all documentation considered by the hearing body/officer whose decision is being appealed (collectively referred to as the “Record on Appeal”) will be provided to the Appeal Board for its consideration. The Appeal Board will not hear any oral arguments or in person presentations in connection with its deliberations.
- The Appeal Board will review the Record on Appeal. Based on the information contained in the Record on Appeal, the Appeal Board will determine if grounds for an appeal exist and, if so, whether to grant or deny the appeal.
- If the Appeal Board determines that the appeal should be denied, the student will be notified in writing, and the sanction imposed at the hearing will take effect immediately.
- If the Appeal Board grants the appeal on the ground that (1) fair consideration was not provided to the student; or (2) new and significant information not reasonably available at the time of the hearing has become available, the case shall be scheduled for a new hearing by a newly constructed hearing body consistent with the student’s original selection of hearing composition.
- If the Appeal Board grants the appeal on the grounds that the sanction imposed is not in due proportion to the nature and seriousness of the offense, the Appeal Board may impose a reduced or modified sanction. The new sanction may not exceed the original sanction previously imposed by the hearing body/officer whose decision is being appealed.
- The Appeal Board will review the Record on Appeal in private session. Absent extenuating circumstances, the Appeal Board will render its decision within ten (10) business days of the Board reviewing the appeal material.