Appeals

1.    Introduction

Either the charged student or the complaint of a crime of violence (as defined by the Campus Security Act) may file a request for appeal. An appeal may only be submitted if a student was put on probation, terminated from the Office of Residence Life and Housing, suspended, or expelled. The appeal is the final step in the conduct process. An appeal does not provide a second hearing of the case. The review on appeal will be based on the existing record, or new information provided per M, 2, a, iii or M, 3, a, iii below, as well as the information provided to the appeal officer in the student’s request for appeal and information the judicial officer may present regarding the rationale for the decision.

2.    Office of the Dean of Students Appeals

a.    Grounds. A student may appeal upon one or more of the following grounds:

                                         I.        The established procedures were not followed, in a significant way, and as a result, the factual findings, the sanction, or both, were not correct.

                                        II.        The severity of the sanction imposed was not appropriate based on the nature of the violation or the circumstances.

                                       III.        There is new information that would have been material to the outcome, had the information been presented at the hearing or administrative review. The new information must be included with the student’s request for appeal. Also, the student must show that the new information could not have been presented at the hearing or administrative review.

1.    In cases in which a charged student has accepted responsibility, she/he may only appeal if the sanctions of suspension or expulsion are imposed. Such appeals are limited to having the severity of the sanction reviewed.


b.    Appeals process. If a student files an appeal, s/he will not be informed of the outcome until the appeal process has been completed. Students must file their appeals within five working days from the date of the decision letter from the Office of the Dean of Students. 

An appeal will only be considered if (a) it is delivered to the Office of the Dean of Students within the time limits set forth above; (b) it includes the student’s reasons for requesting an appeal; and (c) it contains all the supporting information needed to review the case. The appeal officer will make the decision as to whether these conditions have been met. A student may file an appeal by delivering it to the Office of the Vice Chancellor for Student Success and Enrollment Management in Main Hall. The appeal must be made in writing. In general, the filing of an appeal shall result in a stay of the sanctions imposed on the appealing student, unless the welfare of the individual or the community is threatened. Students are encouraged to consult with all resources about the appeal process prior to submitting the request for an appeal.

c.    Appeal officer. The Vice Chancellor for Student Success and Enrollment Management, upon the recommendation from the Director of the Dean of Students, or his/her designee shall appoint the appeal officer(s). The appeal officer shall have no prior involvement with the case through the Office of the Dean of Students. S/he shall only consider the information contained in the request for appeal, the rationale for the decision by the judicial officer or SCHB, and the record of the case that is transmitted to the appeal officer.


d.    Actions available to the appeal officer

                                         I.        The decision of the judicial officer or SCHB will be given deference by the appeal officer because the judicial officer or SCHB has been delegated the primary responsibility to speak with the student and all other witnesses, to observe their demeanor, to examine the evidence, and to make judgments based on these factors and the educational needs of the student.

                                        II.        The appeal officer shall have the authority to:

1.    Affirm the initial decision.

2.    Find that improper procedures were used, to the prejudice of the student. In this case, the appeal officer can refer the case back to the judicial officer or SCHB with a recommendation on how to correct the procedures. The judicial officer or SCHB may make a new decision on the case. The student may then submit another request for appeal, if the case is referred back and the student again has grounds to appeal after the new decision.

3.    Reduce or increase the sanction, if the appeal officer determines that the sanction imposed was too severe or too lenient, given the nature of the violation and/or circumstances. A sanction should not be increased or decreased unless there is a compelling justification to do so. Merely disagreeing with the decision of the judicial officer or SCHB is not compelling.

4.    Find that (1) the student has presented information that would have been material to the outcome of the case, had the information been presented at the conference or hearing, and (2) the student could not have presented the information at the conference or hearing. In this event, the appeal officer will refer the case back to the judicial officer or SCHB for reconsideration in light of the new information.


3.    Department of Housing Appeals

a.    Grounds. A student may appeal upon one or more of the following grounds:

                                         I.        The established procedures were not followed, in a significant way, and as a result, the factual findings, the sanction, or both were not correct.

                                        II.        The severity of the sanction imposed was not appropriate based on the nature of the violation or the circumstances.

                                       III.        There is new information that would have been material to the outcome, had the information been presented at the conference or hearing. The new information must be included with the student’s request for appeal. Also, the student must show that the new information could not have been presented at the conference.

 

b.    Appeals process

      1. If a student files an appeal, s/he will not be informed of the outcome until their appeal process has been completed. Students must file their appeals within three working days from the first date the hall office attempts to notify them that the decision has been received.

        An appeal will only be considered if (a) it is delivered to the residence hall office or the Office of the Dean of Students within the time limits set forth above; (b) it includes the student’s reasons for requesting an appeal; and (c) it contains all the supporting information needed to review the case. The appeal board chair(s) and advisor(s) will make the decision as to whether these conditions have been met. A student may file an appeal by delivering it to the Monarch Office. The appeal must be in writing. In general, the filing of an appeal shall result in a stay of sanctions imposed on the appealing student, unless the welfare of the individual or the community is threatened. Students are encouraged to consult with all resources about the appeal process prior to submitting the request for an appeal.

c.    Appeal board

The Vice Chancellor for Student Success and Enrollment Management or his /her designee shall appoint the appeal officer. This judicial officer shall only consider information contained in the request for appeal, any rationale for the decision that may be presented by the original judicial officer and the record of the case that is transmitted to the appeal officer.

e.    Actions available to the Appeal Board:

I. The decision of the judicial officer will be given deference by the appeal officer because the judicial officer has been delegated the primary responsibility to speak with the student and all other witnesses, to observe their demeanor, to examine the evidence, and to make judgments based on these factors and the educational needs of the student.

II. The appeal officer shall have the authority to:

1. Affirm the initial decision.

2. Find that improper procedures were used, to the prejudice of the student. In this case, the appeal officer can refer the case back to the judicial officer or SCHB with a recommendation on how to correct the procedures. The judicial officer or SCHB may make a new decision on the case. The student may then submit another request for appeal, if the case is referred back and the student again has grounds to appeal after the new decision.

3. Reduce or increase the sanction, if the appeal officer determines that the sanction imposed was too severe or too lenient, given the nature of the violation and/or circumstances. A sanction should not be increased or decreased unless there is a compelling justification to do so. Merely disagreeing with the decision of the judicial officer or SCHB is not compelling.

4. Find that (1) the student has presented information that would have been material to the outcome of the case, had the information been presented at the conference or hearing, and (2) the student could not have presented the information at the conference or hearing. In this event, the appeal officer will refer the case back to the judicial officer or SCHB for reconsideration in light of the new information.