SECTION XIII

Appeals

A. A decision reached or sanction imposed by a student conduct body may be appealed by the charged students/organization or complainants to the appropriate appeal body within five (5) business days of initial written receipt of the decision. Such appeals shall be in writing and shall be delivered to the Conduct Officer or designee. Complainants may only appeal sanctions imposed for misconduct, not the finding of violations. Appellate bodies shall only consider written information is available at the time that a request for an appeal is being reviewed.

B. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the proceedings and/or supporting documents for one or more of the following purposes:

     1.  Procedural Error. To determine whether the original hearing was conducted fairly in light of the charges and information presented, and in conformity with the prescribed procedures giving the complaining party a reasonable opportunity to prepare and present information that the Code of Student Conduct was violated, and giving the charged student a reasonable opportunity to prepare and to present a rebuttal of those allegations. Deprivation of Student Rights shall be considered Procedural Error.

     2.  Unsupported Conclusion. To determine whether the decision reached regarding the charged student was based on substantial information, that is, whether the facts in the case were sufficient to establish that a violation of the Code of Student Conduct occurred.

     3.  Disproportionate Sanction. To determine whether the sanction(s)  imposed were appropriate for the violation of the Code of Student Conduct which the student was found to have committed.

     4.  New Information. To consider new information, sufficient to alter a decision or other relevant facts not brought out at the original hearing, because such information and/or facts were not known to the person appealing at the time of the original hearing.

C. The student conduct body reviewing the appeal may, after reviewing all available information, elect to:

     1.  Affirm the finding and sanction originally determined.

     2.  Affirm the finding and modify the sanction. In cases where the charged student is the appealing party, the sanction may be reduced or increased by the conduct body reviewing the appeal.

     3.  Remand the case to the original conduct body for a new hearing, except in cases where the complainant is the appealing party.

     4.  Dismiss the case, except in cases where the complainant is the appealing party.

D. Since deference shall be given to the determinations of student conduct bodies:

    1.  Sanctions should only be increased or reduced if found to be grossly disproportionate to the gravity of the offense, precedent for similar offenses and/or the charged student’s prior disciplinary record.

    2.  Cases should be remanded to the original conduct body if specified procedural errors were so substantial as to effectively deny the charged student a fair hearing.

     3.  Cases should be dismissed only if the finding of the conduct body is held to be arbitrary and capricious.

E. Generally, the imposition of sanctions will be deferred during the period  of appellate proceedings.

F.  Appeals of decisions will be reviewed in the following manner:

     1.  All appeals will be screened by the Student Conduct Officer to ensure they meet the criteria established above for the filing of an appeal. If the appeal does not meet one of the four criteria it will be denied by the Student Conduct Officer.  In cases where the Conduct Officer served in the role of student conduct body, the Assistant Dean for Student Affairs or designee shall appoint another individual to review the appeal.

     2.  Decisions of Resident Directors will be reviewed by the Director of Student Conduct or  designee.

     3.  Decisions of the, College Hearing and Administrative Hearing Panels at this level shall be reviewed by the College Appeals Committee.

     4.  Recommendations of Disciplinary Suspension or Disciplinary  Dismissal imposed by the College Hearing Panel or Administrative Hearing officer(s) will be reviewed by the Suspension Dismissal Review Panel.

     5.  Suspension/Dismissal decisions of the Suspension Dismissal Review Panel may  be appealed in writing within five (5) business days of initial receipt of the decision to the Vice President for Student Affairs.

     6.  If the Suspension Review Panel does not uphold a recommendation for Suspension or Dismissal, the decision may be appealed in writing within five (5) business days of initial receipt of the decision to the College Appeals Committee.

G. The College Appeals Committee

     1.  Shall be composed of two faculty/staff members and one student justice who have been assigned on a yearly appointment to the Committee. The Director of Student Conduct and/or  designee shall appoint the justices.

     2.  Shall be supervised in its deliberations by the Conduct Officer, unless the Conduct Officer has served in the capacity of student conduct body for the case under review. In such instances, the Assistant Dean for Student Affairs and/or  designee shall select another administrator to supervise the proceedings of the Committee.

H. Suspension/Dismissal Review Panel

     1.  Shall be composed of faculty, staff, and student justices who have been assigned to a yearly appointment to the Committee. The Director of Student Conduct and/or designee shall appoint the justices.

     2.  Shall be supervised in its deliberation by the Conduct Officer, unless  the Conduct Officer has served in the capacity of conduct body for the case under review. In such instances, the Vice President for Student Affairs and/or designee shall select another administrator to supervise the proceedings of the Panel.

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