Student Code of Conduct Approved: July 3, 2018; Last Updated: August 2023 32 information provided in the appeal application. The audio recording of the hearing shall be available to the Dean for review as necessary. In these circumstances, the Dean may: (a) uphold the original decision; (b) reverse the decision; (c) add, remove or amend sanctions; (d) remand the matter back to the original Hearing Board or Student Conduct Officer who heard the case for a specific reconsideration or for the case to be reheard, in part or in entirety; and/or (e) Remand the matter to a new Hearing Board or Student Conduct Officer for the case to be reheard. If the original decision is upheld, reversed or if sanctions are added or removed, this decision will be final and binding upon all parties. c. Written notification will be sent to the Respondent. C. Appeals for Cases of Non-Title IX covered Sexual Misconduct a. In such cases, the Reporting Individual and Respondent will receive written notification of the Hearing Officer’s decision and either party can then submit an application for appeal within five (5) calendar days according to the procedures in X.B.a. b. If one party submits an application for an appeal, the non-requesting party will receive notice that an appeal was submitted and may then submit either their own appeal or a written response to the requesting party’s appeal within five (5) calendar days of the notification. If both parties appeal, the appeals will be considered concurrently. c. Appeals will be reviewed by a three-member appeal panel consisting of Dean of Student Life or designee and two other designated College officials of the Dean’s choice who were not involved with the original case. d. The panel 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.), the appeal 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 information provided in the appeal application. The audio recording of the hearing shall be available to the panel for review as necessary. In these circumstances, the appeal panel, by majority vote, may: (a) uphold the original decision; (b) reverse the decision; (c) add, remove or amend sanctions; (d) remand the matter back to the original Hearing Board or Student Conduct Officer who heard the case for a specific reconsideration or for the case to be reheard, in part or in entirety; and/or (e) Remand the matter to a new Hearing Board or Student Conduct Officer for the case to be reheard. If the original decision is upheld, reversed or if sanctions are added or removed, this decision will be final and binding upon all parties. e. The results of any appeal will be communicated in writing to the Reporting Individual and the Respondent by the Dean of Student Life or designee. This letter will include the underlying decision, sanction, and rationales for decision and sanction.
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