Appeals

Either the respondent or the complainant may file a written appeal within three class days or 30 days, whichever occurs first, following receipt of the determination of the sanction or the decision from the hearing. The request shall be submitted to the Dean. The Appeals Board reviews all written documents provided by the Dean of Students to determine the outcome of the case. These documents include, but are not limited to, the incident report(s), any investigation statements, charge letter, conduct hearing outcome letter, and the student's appeal letter. The Appeals Board may request any prior conduct information about the student or summary information of similar violations only if that information is relevant to their findings in the appealed case.

1. Appeals Board. The Appeals Board shall consist of one faculty member, one administrative member, and one student. Members shall be selected through the same process as members are selected for the Conduct Board, and shall serve one-year renewable terms. The faculty member shall be designated as chair. An alternate faculty member shall be appointed by the Committee on Committees to serve in the absence of the faculty chair. The President will appoint one alternate administrative member. Student Senate will appoint one alternate student member. No member of the Appeals Board shall serve concurrently on the Conduct Board. Procedures shall be determined by the Appeals Board. Each member shall vote.
2. Basis for Appeal. The Appeals Board Chair shall decide whether or not to grant a request for appeal. Conditions for consideration of an appeal are:
   1. New evidence that has become available since the hearing;
   2. Procedural errors in the hearing; and
   3. Sanctions that are disproportionate to the violation. Please note that the Board will neither reconsider the facts of the case, nor overturn the decision of responsibility; however, the Board will consider whether the evidence as determined by either the Conduct Board or the hearing officer warrants the sanction applied. To appeal on these grounds a student must argue that the sanction is excessive and explain why (or if the complainant appeals, that the sanction is too lenient and why).
3. Disposition of Appeals. The Board may:
   1. Refer the case back to the Conduct Board or the Dean, for reassignment and a new hearing, if the Appeals Board determines that there is new evidence or procedural error(s);
   2. Modify the sanction if the Appeals Board determines that it is disproportionate;
   3. Determine that the original sanction shall stand.
4. Decisions of the Appeals Board are final.