Section 11. Appeals

11.1 Decisions of University Student Conduct Boards or Conduct Advisors are effective immediately, unless a written request for an appeal is received by the Dean of Students Office within three (3) business days after the confirmed decision is made available.  Written requests should include the basis for the appeal consistent with Section 11.2, and any evidence to support the request.

11.2 Appeals may be filed by any party involved in a conduct proceeding and must be based on one or more of the following:

a. New evidence not reasonably available at the time of the original Board hearing, the absence of which can be shown to have had a detrimental impact on the outcome of the Board hearing.

b. Procedural error that can be shown to have a detrimental impact on the outcome of the Board hearing.

c. Errors in the interpretation of University policy so substantial as to deny either party a fair Board hearing.

d. Grossly inappropriate sanction having no reasonable relationship to the charges.

11.3 The Dean of Students and/or their designee will determine whether the grounds for appeal have been satisfied and whether further process is necessary to resolve the appeal.

11.4 Findings of fact will be accepted as determined by the original University Student Conduct Board or Conduct Advisor, unless the Dean of Students or University Conduct Appeal Board determines that the original Board acted in an arbitrary, capricious, or unfair manner.  

11.5 The Conduct Appeal Board or Advisor hearing the appeal, as defined in Section 4.3, will make a decision based on the written request for an appeal within ten (10) business days, or indicate in writing what further process is necessary for final resolution.

11.6 The Conduct Appeal Board or Advisor hearing the appeal may re-hear or limit the proceedings to the specific issue(s) outlined in the appeal, depending on the nature of the case. The specific decision may be affirmed or overturned, the sanction may be increased or decreased, or the case may be returned to the previous Student Conduct Board for additional process. Standard sanctions may be altered where substantial mitigating or exacerbating circumstances are found to warrant reduction or enhancement of the standard sanction.

11.7 Decisions of the University Conduct Appeal Board or other Conduct Advisor considering an appeal, as defined in Section 4.3, will be final when reviewed and confirmed by the Dean of Students.

11.8 The Dean of Students, or the University Conduct Appeal Board, as appropriate, may interview any participant in an earlier proceeding, change the decision, increase or decrease the sanction, or return the case to another Student Conduct Board for further proceedings. Decisions of the Dean of Students are final. Review and confirmation by the Dean of Students will be made within ten (10) University business days after the decision of the University Conduct Appeal Board is complete. Parties will be informed of the outcome of any appeals only upon confirmation by the Dean of Students, and subject to the University’s compliance obligations under FERPA.