A student may appeal the decision of the Dean of Students (as to whether the student has been found responsible or not responsible) and/or the sanctions imposed by the Dean of Students.
Standards for Appeal.
Failure to receive the minimum requirements of process, as described under this Regulation.
Severity of the sanction.
New material or information that could not be discovered at the time of the Hearing.
All appeals must be postmarked or received in correspondence within five (5) business days of the date of the “Notice of Decision and Sanction” to the Vice President for Student Affairs or designee for consideration. All appeals must specify the basis for the appeal. No person may hear or decide an appeal if he/she conducted or participated in the Hearing.
The burden of proof at the appellate level rests with the charged student.
The student’s pre-decision status will remain unchanged pending the appeal determination by the Vice President for Student Affairs or designee (that is, a student shall remain eligible to attend classes and University activities pending the University’s final decision in the student conduct proceeding), except where the Vice President for Student Affairs or designee determines that the safety, health or general welfare of the student or the University Community is involved, in which case a student’s privileges at the University, including the ability to attend classes or engage in University activities, may be suspended on an interim basis as described under the Emergency Measures provisions of this Regulation. In that case, the provisions under Section 9 will also apply.
After considering the appeal, the Vice President for Student Affairs or designee may reopen the Hearing, order a new Hearing with the same or new Conduct Board or Hearing Officer, uphold or reverse the prior decision of the Dean of Students or revise the sanction. The Vice President for Student Affairs or designee shall provide the student written notice of his or her decision within ten (10) business days of receipt of the appeal request.
The appeal determination of the Vice President for Student Affairs or designee is final and binding on all parties. There are no further appeals within the University. The student has a right to appeal the University’s final decision to an external judicial forum.