Student Code of Conduct Approved: July 3, 2018; Last Updated: August 2023 31 SECTION IX: Appeals An appeal is a process to request the review of the original student conduct outcome. An appeal does not rehear a student conduct case, but rather, determines if the conclusion reached in the original case is valid based on substantiation of a procedural error, new evidence, or the severity of the sanction. In an Administrative Conference, only resolutions wherein a sanction was imposed by the Student Conduct Officer are eligible for appeal. Resolutions to an Administrative Conference made by an Administrative Agreement are not eligible for appeal. In a Hearing, the Respondent has the right to submit one application for appeal. In Hearings involving cases of Sexual Misconduct, both the Reporting Individual and Respondent have the right to appeal and are the procedures are governed by different appeal procedures per Section IX.C. A. Grounds for Appeal The application for an appeal may only be filed on the grounds below and must meet at least one of the three standards to be considered for an appeal: a. Procedural Error: is when the hearing was not conducted in conformity with the policies and procedures detailed in the Student Code of Conduct, and as a result, the outcome of the case was significantly impacted. A procedural error and its impact on the case must be clearly described in the appeal. b. Sanction Severity: is when a sanction(s) was not appropriate for the violation(s) of the Student Code of Conduct. Evidence must show that the sanction is inappropriate based on the infraction. c. New Evidence: refers to new evidence that was unavailable during the original hearing or investigation that could significantly impact the original finding or sanction. A summary of the new evidence and its potential impact must be included. This does not include information available but not disclosed at the Hearing/Administrative Conference by choice (i.e. opting not to disclose or a Respondent not attending a Hearing/Administrative Conference). B. Appeal Procedure for Cases Not Involving Sexual Misconduct a. An appeal must be submitted within five (5) calendar days of the decision of the Hearing Officers or a Student Conduct Officer. All appeals shall be submitted in writing via an online appeal application. Instructions on how to file an appeal are provided in the outcome letter. An appeal may not be submitted by a third party. Appeals received through the prescribed process will be delivered to the Dean of Student Life or designee. b. The Dean shall determine if the appeal is timely and meets the grounds for appeal. i. If the appeal is not timely and/or does not meet the grounds for appeal (see Section IX.A.), the original decision and sanction will stand and be final. ii. If the appeal is timely and meets the grounds for an appeal (see Section IX.A.), it will be reviewed based on the preponderance of evidence standard. An appeal shall be limited to a review of the student conduct file and supporting
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