Conduct

Appeals

The charged student or the complainant/victim in specific cases may appeal in writing the Final Decision of the Conduct Officer within five business days of the date of the letter describing the decision.

The appeal must be written to the Dean of Students or appropriate designee at the regional campus or separately accredited institution. The Dean of Students may adopt, modify, or reject the decisions and/or sanctions from the Formal Hearing. The record of the initial hearing may be considered on appeal as well as any new information that comes to the attention of the Dean of Students. The Dean of Students is authorized to contact any participants in the initial hearing for clarification and the student is entitled access to the record when appealing.

1. Basis of Appeal: Except as required to explain the basis of new information, an appeal shall be limited to a review of the verbatim record of the Formal Hearing and supporting documents for one or more of the following purposes:

a. To determine whether the Formal Hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code was violated, and giving the Accused Student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.

b. To determine whether the sanction(s) imposed was extraordinarily disproportionate for the violation of the Student Code, which the student was found to have committed.

c. To consider new information, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Formal Hearing. Outcomes of criminal or civil cases have no bearing in any aspect of the process, including the appeal.

2. Reasons for Appeal: On the appeal form, the student must state the reason(s) for appeal, the supporting facts, and the recommended solution. This is not a re-hearing of the conduct case. An appeal cannot be filed simply because a student is dissatisfied with the decision. Failure to describe the nature of the information in full detail in the appeal letter will result in the denial of an appeal. The decision made by the Dean of Students will be rendered within 10 business days of receipt of the appeal, except in extraordinary cases as determined by the Dean of Students. The decision made by the Dean of Students is considered final. If an appeal is not upheld, the matter shall be considered final and binding upon all involved. If the final appellate decision results in a suspension or expulsion of a student, the student will be notified in writing that the decision may be appealed by the student to an external judicial forum.