Main Menu

Non-Academic Appeals

Appeals are not intended to allow for a second review of the facts of the matter and determination whether the Responding Party is responsible for Prohibited Conduct. A review of the matter on appeal will be prompt and narrowly tailored to the stated Grounds for an Appeal outlined below. Mere dissatisfaction with the responsibility and Sanction outcome is not a valid basis for appeal. In most cases, appeal reviews and considerations are confined to a review of the written record and the submissions in support of or against the appeal. In all matters, deference shall be given to the determinations of the Student Conduct Board, Disciplinary Conference Board, or Disciplinary Conference, as applicable.

The Office of Student Conduct will respond to the appeal within five (5) days.

  1. A Responding Party may appeal the determination of responsibility and/or the Sanction imposed if:
    1. The Responding Party had a hearing with a Student Conduct Board; or
    2. The Responding Party had a Disciplinary Conference or Disciplinary Conference Board and received a Sanction of Suspension or Expulsion.
  2. An appeal must be submitted in writing within five (5) Days from the date of the Office of Student Conduct’s written notice of the final outcome. Appeals submitted after five (5) Days shall be denied. At the discretion of the Director of Student Conduct, extensions may be granted with written permission in extenuating circumstances. The Director of Student Conduct has the discretion to defer the imposition of Sanctions pending any appeal.
  3. If the Responding Party does not submit an appeal, the responsibility determination and Sanctions become final five (5) Days from the date of the Office of Student Conduct’s written notice.
  1. Substantial Procedural Error: Procedural errors or errors in interpretation of University policy that were so substantial as to effectively deny a Responding Party notice or a fair opportunity to be heard. Deviations from procedures that were not so substantial as to deny a Responding Party notice or a fair opportunity to be heard will not be a basis for granting an appeal.
  2. Disproportionate Sanction: The Sanction is substantially disproportionate to the offense, which means it is far in excess of what is reasonable given the facts or the circumstances of the violation.
  3. Arbitrary and Capricious: An arbitrary and capricious decision is a decision without a rational basis or that is not supported by any evidence in the record.
  4. New Evidence: New and significant relevant information has become available which a reasonably diligent person could not have discovered before or during the original Student Conduct Board, Disciplinary Conference Board, or Disciplinary Conference proceeding.
    1. When the basis of the appeal is new evidence, the appellate body will determine whether the information is new and was unavailable at the time of the proceeding. If the appellate body determines that the information is not new and was available at the time, the appeal will be denied.
    2. If the information is determined to be new and unavailable at the time of the proceeding, the appellate body will consider whether the new information could have changed the outcome of the original proceeding.
    3. If it is determined that the outcome could have been impacted by the new evidence, the case will be sent back to the original Disciplinary Conference, Disciplinary Conference Board, or Student Conduct Board, as applicable, for further review.
  5. Unanticipated Disparate Impact of the Sanction: The Sanction has an unanticipated disparate impact on a Responding Party that exceeded the intention of the imposed Sanction.
  1. Appeals will be screened by the Director Office of Student Conduct, and only those appeals that meet the Grounds for an Appeal provided in this Code will be forwarded to the appropriate appellate body for review.
  2. The Responding Party will have three (3) Days to correct an appeals submission, if they are advised that the initial submission does not state sufficient Grounds for an Appeal.
  1. Appeals of decisions resulting in Suspension or Expulsion will be decided by the University Senate Student Conduct Committee Appellate Body, which is composed of three (3) members from the Student Conduct Committee including at least one Student.
  2. Appeals of decisions resulting in Sanctions other than Suspension or Expulsion will be decided by the Appellate Board, which is a branch of the University Student Judiciary composed of three (3) Students.
  1. Affirm the Decision and the Sanction outcome(s) imposed;
  2. Affirm the Decision and reduce, but not eliminate, the Sanction outcome(s) imposed;
  3. Remand the case to a new Disciplinary Conference, Disciplinary Conference Board, or Student Conduct Board, if there was substantial procedural error;
  4. Remand the case to the original Disciplinary Conference, Disciplinary Conference Board, or Student Conduct Board in accordance with procedures outlined under “New Evidence;” or
  5. Dismiss the case if the decision is determined to be arbitrary and capricious.

Sanctions of Expulsions or Suspensions affirmed by the Senate Student Conduct Committee Appellate Body require administrative review and approval by the Dean of Students who may alter, defer, or withhold the Expulsion or Suspension. Sanctions other than Expulsions or Suspensions affirmed by the Appellate Board require administrative review and approval by the Director of Student Conduct who may alter, defer or withhold the Sanction.

Back to Top