Appeals


Scope: Who is Covered by this Policy?

Undergraduate Students, Graduate Students and Student Organizations


Policy

University Appeals Board

Appeal

When suspension or dismissal of the accused was proposed by the Office of Community Standards or imposed by any hearing authority, the alleged victim (if any), the accused and the Office of Community Standards have the right to file a written appeal with the University Appeals Board within five University working days of the written decision by the hearing authority. The appeal should be addressed to the chair of the University Appeals Board and should state the basis for the appeal and should include all supporting documents.

*All parties will be notified if an appeal is filed and will have five University working 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.

All appeals should be submitted to the Office of Community Standards on the Oxford campus.

Composition of University Appeals Board

The University Appeals Board shall be composed of five faculty, four undergraduate students, and one graduate student, all of whom shall be appointed by the Quorum for the University Appeals Board is defined as three faculty members and two students. In cases involving an alleged Title IX violation, the Appeals Board will be comprised of three faculty members.

Appeals may be filed for the following reasons:

  1. Inappropriate sanction.
  2. Procedural defect in the adjudication of the case. In considering appeals based on a procedural defect, a new hearing will be ordered only if the defect is found to be substantial enough to have changed the outcome of the original hearing.
  3. New evidence. In considering appeals based on new evidence, a new hearing will be ordered only if the new evidence is found to be substantial enough to have changed the outcome of the original hearing.

Determining Merit

The Appeals Board will meet in closed session(s). The Appeals Board, in considering an appeal, shall find the appeal to have merit or not have merit by majority vote, within the parameters set forth below:

  1. If the appeal alleges that the sanction was inappropriate and the Appeals Board finds the sanction to be inappropriate, the Appeals Board may increase or reduce the sanction.
  2. If the appeal alleges that there was a defect in procedure or new evidence is presented and the Appeals Board finds that there was a defect in the procedure or new evidence was presented which was sufficiently substantial to have affected the outcome, the Appeals Board will order a new hearing.

The Appeals Board will notify (in writing) the parties and the Office of Community Standards of its decision within ten working days of its receipt of the appeal from the Office of Community Standards. If the Appeals Board requires additional time, the Vice President for Student Life or the Dean of Students 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 the Office of Community Standards. If a new hearing is ordered, the new hearing will be held before the same hearing authority.

Vice Presidential Review

In the event the original hearing authority or the appeals board proposed or imposed a sanction of suspension or dismissal during the procedural review, judicial hearing, or appeals hearing, either party, or the Office of Community Standards* may request the Vice President for Student Life or designee to review a decision. A request for review must be presented to the Office of the Vice President for Student Life in writing within three University working days of the receipt of the written notification of the decision of the Appeals Board. The request should state the basis for the request and include all supporting documents.

*All parties will be notified if an appeal is filed and will have three University working days to submit a written response to the appeal. Copies of the statements of appeal and any responses will be made available to all involved parties.

Request for Review

Requests for a Vice Presidential review may be filed for the following reasons:

  1. Inappropriate sanction.
  2. Procedural defect in the adjudication of the case. In considering appeals based on a procedural defect, a new hearing will be ordered only if the defect is found to be substantial enough to have changed the outcome of the original hearing.
  3. New evidence. In considering appeals based on new evidence, a new hearing will be ordered only if the new evidence is found to be substantial enough to change the outcome of the original hearing.

Determining Merit

The Vice President or designee may elect to review or not review a decision. In cases where the Vice President or designee elects to review a decision, the Vice President or designee shall find the appeal to have merit or not have merit within the parameters set forth below:

  1. If the appeal alleges that the sanction was inappropriate and the Vice President or designee finds the sanction to be inappropriate, the Vice President or designee may increase or reduce the sanction.
  2. If the appeal alleges that there was a defect in procedure or new evidence is presented and the Vice President or designee finds that there was a defect in the procedure or new evidence was presented which was sufficiently substantial to have affected the outcome, the Vice President or designee will order a new hearing.

The Vice President or designee will notify the parties in writing of either the decision not to review or to review the matter and, if reviewed, the Vice President’s or designee’s disposition of the matter on review.

Decision

The decision of the Vice President or designee to change a sanction or sustain the finding of the Appeals Board is final. The result of any new hearing ordered by the Vice President or designee may be appealed only as detailed in this University Appeals Board policy. If a new hearing is ordered, the new hearing will be held before the same hearing authority.


Related Form(s)

Not Applicable.


Additional Resources and Procedures

Not Applicable.


FAQ

Not Applicable.


Policy Administration

Next Review Date

7/1/2019

Responsible Officer

Director, Office of Community Standards

Legal Authority

Ohio revised Code 3345.21

Compliance Policy

Yes

Revision History

Edited July 2018

Reference ID

Student Handbook 2.4

Reviewing Bodies

Student Life Council