After you have received written notification of the outcome of your case before the Central Judicial Board or Resident Judicial Board, you have the opportunity to appeal the outcome of your case.
In preparation for filing an appeal, you may listen to the CD recordings of the hearing (Request a copy of the hearing from the Office of Student Conduct or Office of Rights and Responsibilities for $10. Please allow 7-10 business days to process your request), examine the documents in your file, review the Code of Student Conduct or Residence Hall Rules, and obtain a sample brief from the Office of Student Legal Aid.
If you want to request assistance in preparing an appeal, you may contact the Office of Student Legal Aid (3125 South Campus Dining Hall; 301-314-7756) or a private attorney. The Office of Student Legal Aid is often able to help prepare an appeal even if they did not represent you in a hearing.
TO FILE AN APPEAL YOU ARE REQUIRED TO
- Give written notice of your intent to file within seven business days of the date of your notification letter; and
- Provide a written "brief" in which you make your arguments about why your case should be reconsidered and on what grounds.
All briefs must be typed. This must be submitted within ten business days of the date of your notification letter.
What is an Appeal?
An appeal is NOT a rehearing of your case.
In an appeal, you may request a review of the decision in your case and/or the assigned sanctions.
In order to submit an appeal, you must provide a "brief". A brief is a point-by-point discussion of the issues which you want to raise about your case and/or the sanction(s) you were assigned.
There is no maximum or minimum length for a brief. In general, it should be carefully prepared and documented, being as specific and organized as possible.
What Happens Next?
After your written brief has been received, it will be forwarded to a Campus Advocate, Resident Life, or Office of Student Conduct representative for a written response to the issues raised in your appeal. You may request a copy of the written response to your appeal from the Office of Student Conduct.
After all the documents have been collected, your appeal, the "Findings of Fact" from your hearing, the response to your appeal, and any relevant supporting documentation will then be forwarded to the appropriate appeals committee for review.
All cases resulting in dismissal from the University (i.e. suspension or expulsion) are appealed through the University Senate Committee on Student Conduct. All other Central and Resident Board cases are reviewed by the University Appellate Board. In order to appeal housing termination, you must submit a separate request to the Director of Resident Life.
What Happens after the Review?
After reviewing your appeal; the response from the Campus Advocate, Resident Life, or Office of Student Conduct representative; and the information from your file, the appellate body has four options:
- Dismiss the case against you, if the hearing panel's decision has been determined to be "arbitrary and capricious."
- Send the case back to the appropriate board (Central or Resident Board) for a new hearing if there were errors in procedures or interpretation in University policies or if new evidence needs to be considered.
- Lessen the sanctions imposed if they are "grossly disproportionate" to the offense.
- Uphold all decisions made by the original hearing panel.
Following the appellate body's decision, you will be notified in writing of the final outcome of your case. All decisions rendered by appellate bodies are recommendations to the Director of Student Conduct and the Vice President for Student Affairs.
This document is designed to be an informal introduction to the Student Conduct Process. It does not modify or abrogate any policies or procedures set forth in the Code of Student Conduct.