To initiate an appeal, the individual must submit a written rationale for the appeal to the Dean of Students Office within five (5) days of the hearing/developmental conduct meeting decision.
Disciplinary decisions may be appealed under the following conditions:
An accused student can appeal any sanction made as part of a Developmental Conduct Meeting to the Dean of Students. In cases where the Dean of Students conducted the Developmental Conduct Meeting the appeal will be heard by the Appeal Committee of the Leadership Team.
In cases relating to sexual misconduct, domestic/dating violence or stalking the appeal will be heard by the Appeal Committee of the Leadership Team of the University. In cases relating to sexual misconduct, domestic/dating violence or stalking the appeal may be filed by either the accused or the complainant
The purpose of an appeal is not to provide a second hearing for the case.
The complainant and/or the accused student may request an appeal for one or all of the following reasons and must make the case in the written request for an appeal as to why an appeal is warranted:
whether the hearing was conducted fairly and in accordance with the procedures outlined in this Code of Student Conduct;
whether there was sufficient information presented at the hearing that a violation of the prohibited conduct section occurred.;
whether the sanction(s) imposed was appropriate;
whether there is new information that was not known to the person requesting the review at the time of the hearing and that, if presented at the hearing, would more than likely have altered the hearing decision.
The Dean of Students or his/her designee will first review all requests for appeal to determine if the request meets the established criteria for appeal and are within the appeal filing timeline that is allotted. If the Dean of Students determines the appeal does not meet the established criteria for appeal or was not submitted within the allotted timeframe, then the decision rendered in the developmental conduct meeting or hearing will be the final decision of the University.
The Dean of Students or Appeals Committee shall have the authority to:
Sustain the Developmental Conduct Meeting/Honor Board/Review Board Decision, including the sanction(s) imposed.
Alter the sanction imposed by the Developmental Conduct Meeting/Honor Board/Review Board Decision, either by reducing or increasing the severity of the sanction(s).
Remand the case to the Developmental Conduct Meeting Officer/Honor Board/Review Board for further consideration.
Reverse the Hearing Decision of the Developmental Conduct Meeting/Honor Board/Review Board.
In the case where the complainant is informed of the case outcome, and an appeal is submitted by the complainant or accused student, the other party shall be given a copy of the appeal and an opportunity to respond within five (5) days of notification that an appeal has been submitted. The Dean of Students or Appeal Committee of the Leadership Team will review the written appeal and all available case documents and render a determination within five (5) days of receiving the appeal. The determination of the Dean or Appeal Committee is the final decision of the University.