An appeal is the process to request a review of the original outcome of the disciplinary process (i.e. missed initial conference meeting or hearing). The appeals board does not rehear a student’s case, but rather, determines if the conclusion reached in the original case is valid.
The Title IX Policy web page can provide more information related to appeals involving allegations of sexual and interpersonal violence.
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.
- Within five (5) business days of receipt of their outcome letter, a student seeking to appeal must submit the Conduct Appeal Form to the Office of Community Standards stating their intention to appeal the decision, cite the specific ground(s) for the appeal from those listed above, and provide information to support the ground(s) on which the appeal is being made.
a. If an appeal form is submitted on time, the decision and sanction made regarding the case is not considered final. Any sanction(s) assigned are on “hold” and are not in effect until after the appeals board has reviewed the student’s appeal information and render a decision per the process explained below.
b. If an appeal form is not submitted on time, the original decision and sanction will stand, and would thus mean the initial decision made by the initial conference officer or hearing body/officer is final.
- 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 is a three (3) person panel comprised of one (1) faculty member, one (1) staff member, and one (1) student.
- 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 sanction assigned by the initial conference officer or the hearing body/officer 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 now become available, the case shall be scheduled for a new hearing by a new initial conference officer or 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 (3) the sanction imposed is not in due proportion to the nature and seriousness of the offence, the Appeal Board may impose a reduced or modified sanction. The new sanction may not exceed the original sanctions previously imposed by the initial conference officer or hearing body whose decision is being appealed.
- The Appeal Board will review the Record on Appeal in a private session. Absent extenuating circumstances, the Appeal Board will render its decision within ten (10) business days of the Board’s review of the Record on Appeal. The appeal decision will be communicated to the appropriate parties via their Purchase College email.
- The College’s administrative conduct process ends once the Appeal Board renders a decision. The decision is final and will no longer be subject to review.