Appeal Procedures

I. Grounds for Appeal

A student found responsible for an offense shall have the right to appeal within seven (7) calendar days from receipt of the decision letter, on either of the following grounds:

1. There is substantive new evidence that was not previously available or known before the hearing; or
2. There is reason to believe that the procedural rights of the accused student have been violated.

The student must submit a written petition for appeal to the Dean of Students supporting one or more of the above grounds. A request on either of these grounds must clearly explain, in detail, the basis for the appeal. The appeal should be based on documentation and should be limited to an inquiry of the issue or issues raised in the complaint. The Dean of Students or designee will decide if there is sufficient documentation to modify or uphold the original sanction. These decisions are final. In situations where new evidence is introduced, the Dean of Students or designee can decide to reopen the case with the original hearing board. Based on the new evidence heard, the original hearing board can uphold or modify its finding.

II. The Appellate Hearing Board

The Appellate Hearing Board consists of:

1. The Associate Dean of Students or designated representative, as chairperson;
2. The Provost or designated representative;
3. Three (3) members of the faculty or administration; and
4. One (1) student appointed by the Associate Dean of Students or designated representative.

Members of the appellate hearing board may be excused at the request of the appealing student or group with just cause. The student or group must be prepared to substantiate this contention. Students whose case is brought before an appellate hearing board have the same rights and must follow the same procedures as those previously outlined for the administrative/student hearing processes.

III. The Appellate Hearing

Students may request an appeal according to the following procedure:

1. Students must submit their petition for an appellate hearing to the Dean of Students Office within seven (7) calendar days after a decision or sanction letter has been received.
2. The Dean of Students or designee will decide whether there are grounds to accept the petition for an appeal. If grounds exist, a letter will be sent to the student or organization representative(s) notifying them when the board will convene, and suggesting that they meet with the Assistant Dean for Community Standards to review their rights and responsibilities and the procedures during an appellate hearing. The student shall have the right to seek an advisor of their choice who may help prepare the student for the hearing, but the advisor is prohibited from speaking on behalf of the student.
3. During the appellate hearing, students or organization representative(s) will have the opportunity to address the board with an opening statement, followed by:
   1. Questions from the board;
   2. Testimony from any appropriate witness(es);
   3. Questions from the board to the witness(es);
   4. Questions from the appealing student or representative(s);
   5. Final questions for the student charged from the board; and
   6. Closing remarks from appealing student.
4. In rendering its decision, the appellate hearing board shall examine the evidence. The board may also hear witnesses to the incident.
5. After examining the evidence and reviewing the testimony, the board can recommend:
   1. Overturning the original hearing board's decision;
   2. Modifying the original sanction(s);
   3. Remanding the case for a rehearing by a different hearing board; or
   4. Upholding the original hearing board's decision.
6. The board's decision may be reviewed by the Dean of Students or designee.
7. All decisions based upon the appellate hearing will be communicated to the student in writing. All rulings on appeals are final.