Appeals of the hearing body and the Dean of Students’ or his/her designee’s decisions must be addressed in writing to the Vice Chancellor for Student Affairs or his/her designee.
Timeline for the Appeal
Within ten days of the emailing of the written notification of the Dean of Students’ or his/her designee’s final decision, either the charged student or the Center for Student Conduct may submit a written appeal to the Vice Chancellor for Student Affairs or his/her designee. When such an appeal is timely submitted by a party, the Vice Chancellor or his/her designee must promptly send a copy of the appeal to the other party. Within five days of receiving the copy, the other party may submit a written response to the Vice Chancellor or his/her designee.
Sanctions Deferred Before the Appeal
The filing of a timely appeal defers the imposition of sanctions until the appeal is decided, but interim action may be taken as determined by the Dean of Students or his/her designee. Grades or degrees may be withheld pending conclusion of the appeal.
Basis for Appeal
An appeal must be based on: newly discovered evidence that was not available at the time of the hearing, the absence of which can be shown to have materially affected the outcome; significant procedural error; or disproportionate sanction given the findings of fact should be considered.
Final Determination of Appeal
The Vice Chancellor for Student Affairs, or his/her designee, will make the final determination of all cases appealed under these regulations. Except in cases where the appeal is based upon newly discovered evidence, the Vice Chancellor or his/her designee will review the record of the hearing and will not consider information that was not part of that record, other than the student’s prior conduct record, if any. The Vice Chancellor for Student Affairs or his/her designee may approve, reject, or modify the decision and sanction in question, or require that the original hearing be re-opened. Where the appeal is based upon new information, the case may be referred back to the hearing body for further consideration. The action taken will be communicated in writing to the student and Student Conduct and Community Standards within fifteen days after receipt of the appeal and related documents.