If a student is found responsible for a violating a code of conduct in the student misconduct process, they have the right to appeal based on the following criteria:
- New evidence can be submitted that was not available at the original Formal Misconduct Hearing and would substantially change the outcome;
- The sanction(s) are thought to be disproportionate to the violation(s);
- Procedural irregularity that affected the outcome of the case. The appealing party must demonstrate that the irregularity was more than a harmless error but was in fact a prejudicial error;
- Conflict of interest or bias by the Student Misconduct Administrator affected the outcome
The student has seven (7) calendar days from the delivery of the decision and sanction to file an Appeal Form (will open in a new window). The appeal should include a detailed description of why the appeal should be allowed based upon one or more of the criteria above. The original finding and any assigned sanction will stand during the appeal process.
All appeals will be sent to Office of Student Rights and Responsibilities for review. Office of Student Rights and Responsibilities will assign an appeal officer to oversee the appeal process. This appeal officer may deny the request for an appeal if at least one of the criteria above is not met; if this is the case it will be communicated in writing. If an appeal is granted, the appeal officer will communicate this in writing. The appeal officer may use her/his discretion to resolve the appeal based solely upon the written documents from the Formal Misconduct Hearing and Appeal Form, or whether she/he would like to meet with only the student found in violation, only the reporting person, both parties of the incident, or witnesses. Upon completion of the appeal review, the appeal officer may make any of the following decisions:
- Uphold the original decision and sanction(s)
- Overturn the original decision; remove or reduce any sanction(s)
- Assign additional sanctions up to and including dismissal from the University
The appeal process is not available to students found in violation of the Student Code of Conduct if they failed to participate in the initial conference, Administrative Formal Misconduct Hearing, or Student Conduct Board Hearing.