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Appeals

Appeals

A responding student or in certain circumstances a complainant may appeal a decision, in writing, to the Office of Student Conduct. All appeals are due to the Office of Student Conduct within five (5) business days at 4pm, from date of notification of the outcome of the Campus Conduct Conference or review panel findings. Date of notification is day the letter is sent via University email. During the appeals process sanctions may remain in place. An appeal must specify grounds that would justify consideration. Appeals will only be accepted for review if based upon one or more of the following criteria:

  1. If the student can demonstrate new and significant evidence that would substantially alter the findings of fact, not previously known to the appellant that has been discovered, and is newly available during the appeal process. The new evidence could not have been discovered through the exercise of reasonable diligence, and the absence of which was sufficient to materially affect the outcome. 2. If the student can demonstrate that significant procedural errors of the Code process occurred that were substantial enough to effectively and detrimentally affect the outcome.

The Dean of Student Affairs and Enrichment or designee will designate one staff person to coordinate the appeal. This designee will make a determination of whether or not the appeal has merit based on the above-stated criteria. If the appeal does not have merit, the findings and sanctions will stand with no further appeal, and the students will be notified in writing (and complainant if the claim involves stalking, dating/domestic violence or sexual misconduct or other violent crimes, subject to FERPA). If the appeal has merit, one of the following will occur:

  1. If the case was heard by a Campus Conduct Conference the designee can take the following actions after reviewing the case:
    • Uphold the finding and sanctions. This decision will be delivered in writing. This decision is final and cannot be appealed.
    • In light of new and significant information that would substantially alter the findings of fact, the case will be referred for a new Campus Conduct Conference. The Conduct Officer selected will not be the original Conduct Officer. This decision will be delivered in writing. This decision is final and cannot be appealed.
    • In light of a failure to follow the procedures outlined herein, the case will be referred for a new Campus Conduct Conference. The Conduct Officer selected will not be the original Conduct Officer. This decision will be delivered in writing. This decision is final and cannot be appealed.
  2. If the case was processed through the investigative model the designee can take one of the following actions after reviewing the case:
    • Uphold the findings and sanctions. This decision will be delivered in writing. This decision is final and cannot be appealed.
    • In light of new and significant information that would substantially alter the findings of fact, the investigation will be referred to a new review panel. The decision of the new review panel will be final and cannot be appealed.
    • In light of a failure to follow the procedures outlined herein, the investigation will be referred to a new review panel. The decision of the new review panel will be final and cannot be appealed.

All decisions regarding the appeals will be delivered in writing through University email.