- An appeal is not an opportunity to re-hear the original conduct case and will not be granted based on a respondent’s disagreement with the outcome of the original conduct case.
- An appeal may only be based upon the following grounds:
- New information, not available at the time of the original hearing, was discovered and such new information could affect the decision rendered in the original conduct case.
- The weight of the evidence does not support or is in contrary to the finding of violation.
- Procedural error that resulted in material harm or prejudice to the student (i.e., by preventing a fair, impartial, or proper hearing). Deviations from the designated procedures will not be a basis for sustaining an appeal unless material harm or prejudice results.
- The sanction imposed as the result of the original hearing was excessively severe in relation to the violation that the student was found to have committed. Appeals submitted on a claim that the sanction was excessively severe do not have bearing on the finding of “in violation” and relate only to the sanctions imposed.
- The Vice President of Student Affairs, or designee, will serve as the Appellate Officer for all conduct cases in which a sanction of expulsion, suspension, eviction, and/or revocation of admission or degree were issued as a result of the original conduct hearing.
- The Senior Director of Student Services & Judicial Affairs, or designee, will serve as the Appellate Officer for all conduct cases occurring in which a sanction other than expulsion, suspension, eviction, and/or revocation of admission or degree was issued as a result of the original conduct hearing.
- The Appellate Officer will review requests for appeal to determine if acceptable grounds for appeal have been demonstrated.
- Respondents may appeal the decision of the Hearing Officer by filing a written appeal, including a detailed explanation of the reason for the appeal consistent with the grounds for appeal outlined in Section 19.2, with the appropriate Appellate Officer within ten business days after receiving written notification of the decision.
- The Appellate Officer will render a decision and notify the respondent in writing within ten business days of receipt of the appeal.
- The decision of the Appellate Officer shall be final.