Appeals

Appeal Process

Following in absentia and/or University Hearing Board outcomes, the respondent, complainant, and OCS have the right to file a written appeal with the Dean of Students or designee (“Appellate Officer”) within five (5) business days of the written decision by the hearing administrator. The Senior Vice President for Student Life or their designee will serve as the Appellate Officer for appeals by student organizations facing suspension or dismissal.  The Dean of Students or their designee will serve as the Appellate Officer for all other non-Title IX appeals. All appeal decisions will be made by a different officer than that of the original hearing authority. The appeal should be:

• addressed to “The Appellate Officer,” 
• state the basis for the appeal, and 
• should include all supporting documents.

Appeals may be filed for the following reasons:

1. The appellant shows that the consequence doesn't actually fit the situation. For example, the sanction doesn't match what happened, or it feels like a random punishment rather than a way to help you learn and grow from the mistake.
2. A procedural error in the hearing of the case occurred that is found to be substantial enough to have changed the outcome of the hearing, including failure to objectively evaluate all relevant evidence or error(s) related to determination of relevance.
3. New information exists that was not reasonably available at the time the determination was made that is determined to be substantial enough to have changed the outcome of the hearing.

Submitted appeals will be reviewed by a neutral staff member to determine whether the appeal, as written, meets any of the reasons outlined above. If the appeal, as written, fails to meet any of the criteria, it will be denied and the submitting party will be notified. If the appeal, as written, is determined to meet the criteria, it will be forwarded to an Appellate Officer.

All parties will be notified if an appeal is filed and will have five (5) business days to submit a written response to the appeal. Copies of the statements of appeal and any responses will be made available to all parties.

Potential Appeal Outcomes

The Appellate Officer will review the appeal in closed session(s). The Appellate Officer, in considering an appeal, shall find the appeal to have merit or not have merit within the parameters set forth below:

• If the appeal is found to have no merit, the Appellate Officer shall uphold the decision of the hearing administrator and findings and sanctions will remain as originally assigned. 
• If the appeal alleges that the sanction was inappropriate and the Appellate Officer finds the sanction to be inappropriate, the Appellate Officer may increase or reduce the sanctions.
• If the appeal alleges that there was a defect in procedure or new evidence is presented and the Appellate Officer finds that there was a defect in the procedure or new evidence was presented which was sufficiently substantial to have affected the outcome, the Appellate Officer will order a new hearing. If a new hearing is ordered
  • Due to a defect in procedure; the case will be assigned to a new hearing administrator. 
  • Due to new evidence; the case will be heard by the same hearing administrator.

The Appellate Officer will notify the parties and OCS of its decision within ten (10) business days of the time the Appellate Officer receives the appeal. If the Appellate Officer requires additional time, the Senior Vice President for Student Life, the Dean of Students, or their designee may extend the time limit. The extension shall be in writing and shall include the reason for the extension, and copies shall be forwarded to the parties and OCS.

Decision

The decision of the Appellate Officer is final. The result of any new hearing ordered by the Appellate Officer may be appealed only as detailed in this policy. If a new hearing is ordered with a different hearing administrator, the new hearing will be held before the same type of hearing administrator.