The University Appeals Board on Student Conduct
The University Appeals Board on Student Conduct hears appeals of decisions made by administrative action, administrative hearing, or by hearing panels.
The University Appeals Board on Student Conduct consists of one full-time student appointed by the president of the Student Senate, one member of the teaching faculty appointed by the chairperson of the Faculty Senate, and a chairperson holding the rank of assistant professor or above, appointed by the President of the University. For a graduate student’s appeal, the Graduate Student Association shall appoint the student member. Students appointed to the Appeals Board cannot have current conduct sanctions. Past board members who are familiar with the current system may serve if current members are not available.
Appeal Procedures and Sanction Approval
Following a hearing, a charged student has the right to submit within three (3) business days of the date on the Outcome Letter an appeal to the University Appeals Board on Student Conduct. Such appeal requests are based on specific information, presented in writing to the Appeals Board, on one or more of the following four (4) grounds:
- Fraud – Information was deliberately submitted or omitted during the hearing process that was not factually or substantially true.
- Denial of Rights – At any stage of the Student Conduct Process, a Student’s Rights outlined in the Student Handbook were violated.
- Procedural Error – At any stage of the Student Conduct Process, a Conduct Administrator or Conduct Board did not follow processes or procedures outlined in the Student Handbook.
- New Information – The student discovers new information which was not previously known and available at the time of hearing.
The written appeal must explain how any of these four appeal grounds would have Materially Affected the Outcome of the Hearing. The Dean of Students may grant extensions to the deadline for filing appeal requests for good and sufficient reason or cause.
Following a hearing, a complainant has the right to submit within three (3) business days of the date on the Outcome Letter, an appeal to the University Appeals Board based on the following grounds:
- New information – The student discovers new information which was not previously known and available at the time of hearing.
- In cases involving sexual harassment, sexual assault, sexual or relationship violence, and stalking, the Complainant may also appeal on the same four grounds, as specified above, upon which Respondents may appeal.
The written appeal must explain how these grounds would have Materially Affected the Outcome of the Hearing. The Dean of Students may grant extensions to the deadline for filing appeal requests for good and sufficient reason or cause.
Sanctions are not grounds for appeal. If a respondent, charged student, does not agree with the sanction assigned by the Student Conduct Administrator during an Informal meeting, the student should choose a Sanction Only Hearing. Sanction Only Hearings are only Administrative Hearings by a Student Conduct Administrator.
Upon receipt of a written request for appeal, a meeting of the University Appeals Board on Student Conduct will be scheduled. The board will be provided with a report of the hearing or administrative action, the appeal request, and an administrative response (from either the Hearing Panel Advisor or the Administrative Hearing Officer) to the appeal request.
A copy of the report of the hearing or administrative action and the administrative response may be obtained by the student from the Dean of Students Office.
If the appellant complainant or respondent wants the University Appeals Board on Student Conduct to have reactions to the administrative response, it must be put in writing and delivered to the Dean of Students Office at least one hour before the Appeals Board meets and begins deliberations. To help prepare the appeal, the charged student may listen to any available recording of the hearings in the Dean of Students Office.
The complainant, respondent, their respective Conduct Advisors, or Administrative Hearing Officer or Hearing Panel Advisor may be invited to appear before the Appeals Board for the sole purpose of responding to questions from the University Appeals Board members about the written appeal materials.
The University Appeals Board meeting is not a hearing and will remain closed to the public.
If the University Appeals Board on Student Conduct determines that a written request for an appeal demonstrates one or more appeal ground(s), and that the written appeal demonstrates that the ground(s) has materially affected the hearing outcome, it refers the case back to the original hearing panel or to a new hearing panel.
A new Hearing Panel is composed of three board members including at least one student and one faculty member all of whom are new to the case. The new hearing panel may either uphold the original decision and sanction imposed, or adjust the original decision and/or sanction.
Approval of the sanction by the Vice President for Student Affairs (for cases of suspension or dismissal) or Dean of Students (for all other cases) shall take place after the appeal process is completed. If the Vice President or the Dean of Students does not approve the sanction, they have the authority to change it.