Respondent(s) have the right to appeal the outcome of an Administrative Hearing or Student Conduct Review Board hearing to the Appeals Board. The Appeals Board consists of three members: the Vice President for Student Affairs or their designee, and two members of the Student Conduct Review Board who did not serve in the original hearing. Of the two Student Conduct Review Board Members serving on the Appeals Board, at least one must be a student.
The appeal must be based on one or more of the following criteria:
procedural error(s) that materially affected the outcome;
new information unavailable at the original proceeding, which will be set forth in the appeal; or
the decision of the investigators and/or adjudicator was clearly erroneous based on the evidential record.
In an appeal, the preponderance of evidence shifts to the appellant, and the appeal is heard “on the record,” i.e., on the basis of written information only. An appeal is not a rehearing of the case. Dissatisfaction with the outcome of the investigation is not grounds for appeal.
The letter of appeal must be filed with the Vice President for Student Affairs or their designee within five business days of written notification to the respondent of the outcome of the Student Conduct Review Board or administrative hearing. Once a letter of appeal is filed the referring administrator will have three business days to file a written response with the Vice President for Student Affairs or their designee.
The Appeals Board will typically make a decision regarding the written appeal within ten business days of receipt of the written response from the referring administrator. In considering an appeal, the Appeals Board has the following options:
Deny the appeal and maintain the decision of the Student Conduct Review Board or administrative hearing officer;
Grant the appeal and impose an independent judgement of the case.
A majority vote of members of the Appeals Board is required for all decisions. The decision of the Appeals Board regarding the case will be final and not subject to further appeal.