A student sanctioned by a university hearing agent (Residence Director, Residence Hall Council or University Judicial Board, or Dean of Students) for a violation of the Code of Student Responsibility may ask for an appeal to the University Appeal Board or appropriate administrative office. The reason for an appeal is to guarantee that the student has been dealt with fairly and in accord with established university policies and procedures.
A disciplined student may only appeal the initial decision on the following grounds:
- proof that a substantial procedural error occurred that unreasonably impaired the referred student's ability to achieve a fair decision and made the process or the final decision fundamentally unfair;
- new evidence of substantive nature, impossible for the hearing agent to have heard at the time of the hearing, has been discovered and it would be fundamentally unfair for the hearing agent to not consider the evidence; or
- the initial sanction(s) are fundamentally unfair or inappropriate.
The disciplined student must submit a written request for appeal to the Dean of Students within five class days of being notified of the initial decision. The Dean of Students may decide whether the sanctions imposed by the initial hearing agent should be suspended pending the outcome of the appeal. Students should understand, however, that sanctions are considered in effect once the initial hearing is completed, regardless of whether an appeal is planned.
The appropriateness of the appeal request shall be determined by the Dean of Students or appropriate administrative office depending on case, who shall read the appeal request, review the initial hearing process and determine if an appeal will be granted based on one of the three criteria listed above. In the event the initial hearing officer was the Dean of Students, the Vice President for Student Affairs shall make the determination on the appropriateness of the appeal request.
If the Dean of Students determines that no appeal will be granted, the sanctions imposed on the disciplined student during the initial hearing shall remain in effect. The case will then be considered closed. The decision of the Dean of Students on the appropriateness of an appeal request is final.
If the Dean of Students determines that there are legitimate grounds for appeal, he/she shall convene a University Appeal Board. The appeal board is composed of three members, one each representing faculty, staff and student constituencies. The board's chair will be appointed by the Dean of Students. Appeal board members will be drawn from the University Judicial Board's pool. No member who sat on the initial judicial board will serve on the appeal board. The appeal board will review all available information pertaining to the original hearing. The referred student will be afforded an opportunity to make a statement to the board.
Once the board has completed its review and heard from the referred student, it will decide if:
- a completely new hearing should be afforded the student;
- a new hearing is not needed but a review of a fundamental fairness or new evidence issue is necessary because of its impact on the initial decision; or
- the original decision is correct but the sanctions imposed on the student must be reviewed.
The student will be notified at least five class days prior to the appeal hearing if he/she or any witness is needed in attendance at the board's review. If a new hearing is granted, the appeal board shall serve as the review agent. A separate hearing date may be decided upon or the review may continue immediately following the decision to rehear the case. The decision on how to proceed shall be made by the board's chair.
If rehearing the case is necessary, the appeal board shall follow the guidelines established for the University Judicial Board as outlined in this handbook.
After all the appropriate review has taken place, the appeal board has three options available to it in deciding the case:
- leave the sanctions as originally decided;
- alter but not increase the original sanctions; or
- remove all sanctions and dismiss the case entirely.
Reasonable efforts will be made to notify the referred student of the appeal board's decision is sent by mail or personal delivery to the student within five class days of completion of the hearing. The decision of the appeal board is final. All written records of the appeal are kept in the student's disciplinary file. Appeal hearings may be audiotaped. All tapes are the sole property of the university and may be destroyed five days following an appeal hearing.
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Undergraduate Student Handbook 
