Disciplinary Appeals

What happens if I disagree with a disciplinary decision? Can I appeal?

Appeals for Lower Level Violations (Not Resulting in Suspension or Expulsion)

Students can file a disciplinary appeal within three (3) working days with the Dean of Students, who is located in the Student Health Center, Suite 308.  Appeals must be submitted via the Lower Level Violation Disciplinary Appeal Form and based on one or more of the following criteria:

  • Denial of due process where an argument may be made that the hearing was not conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the accused student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from published procedures will not be a basis for sustaining an appeal unless significant prejudice results.
  • There was inadequate information to support the decision, where facts in the case, if viewed by a reasonable person, were insufficient to establish that a violation of the student code occurred.
  • The sanctions given do not equal the gravity of wrongdoing (i.e., too harsh) and are inappropriate for the policy the student was found responsible for violating.
  • To consider new information, sufficient to alter a decision, that was not known to the person appealing at the time of the original conduct hearing. New information, in this instance, does not include witness statements that could have been presented during the initial hearing.

The appeal goes before the Dean of Students. The appeal process is not a rehearing of the original conduct case, but is an opportunity for the appealing party to request a review of the information by the appellate body. The Dean of Students reviews all submitted written material and makes a recommendation, which may include:

  • Affirm the original decision and sanction.
  • Affirm the original decision, but lessen the sanction.
  • Reverse the original decision.
  • Return the case to the appropriate board or hearing officer for a new hearing.

All lower level disciplinary decisions are recommendations to the Dean of Students.

 

Appeals for Serious Violations (Resulting in Suspension or Expulsion)

Students can file a disciplinary appeal within twenty-five (25) working days with the Vice President for Student Affairs, who is located in the Student Health Center, Suite 210.  Appeals must be submitted via the Serious Violation Disciplinary Appeal Form and based on one or more of the following criteria:

  • Denial of due process where an argument may be made that the hearing was not conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the accused student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from published procedures will not be a basis for sustaining an appeal unless significant prejudice results.
  • There was inadequate information to support the decision, where facts in the case, if viewed by a reasonable person, were insufficient to establish that a violation of the student code occurred.
  • The sanctions given do not equal the gravity of wrongdoing (i.e., too harsh) and are inappropriate for the policy the student was found responsible for violating.
  • To consider new information, sufficient to alter a decision, that was not known to the person appealing at the time of the original conduct hearing. New information, in this instance, does not include witness statements that could have been presented during the initial hearing.

The appeal goes before the Academic Integrity and Discipline Committee. The appeal process is not a rehearing of the original conduct case, but is an opportunity for the appealing party to request a review of the information by the appellate body. This committee reviews all submitted written material and makes a recommendation to the Vice President for Student Affairs, which may include:

  • Affirm the original decision and sanction.
  • Affirm the original decision, but lessen the sanction.
  • Reverse the original decision.
  • Return the case to the appropriate board or hearing officer for a new hearing.

All serious violation disciplinary decisions are recommendations to the Vice President for Student Affairs.