A student or student organization has the right to appeal action taken by a Hearing Board or Administrative Hearing Officer.  An appeal does not provide for a second hearing of the case, but addresses one or more issues as outlined below under Grounds for Appeal.

A. Appeal Authority

1. Unless an interim suspension is imposed, a student shall continue matriculation until the student's case is fully adjudicated through University procedures, including any appeals. 

2. Decisions rendered by an Administrative Hearing Officer and decisions rendered by a Hearing Board that do not result in separation from the University may be appealed to the Assistant Vice President for Student Services.  The Vice President for Student Life will designate an alternate appeal officer in the event the Assistant Vice President for Student Services is unable to consider the case.

3. Decisions rendered by a Hearing Board which result in sanctions of separation from the University may be appealed to an Appeal Board. The Appeal Board will consist of one Chairperson, one faculty/staff representative, and one student  representative from the Hearing Board roster.  No one who served on the Hearing Board for a given case shall also serve on the Appeal Board for that case.

4. The President, or designee, has general authority, as required by circumstances, to name Appeal Board members. 

B. Appeal Procedures

1. To appeal the decision of a Hearing Authority, the student/organization must file, in writing, the reasons for seeking modification of the hearing decision.  This document must be filed with the Coordinator of Judicial Programs, or designee within five business days of receipt of the notification of the hearing decision.  

2. The Coordinator of Judicial Programs, or designee, will prepare a written response to the student's/ organization's appeal for the Appeal Authority.  

3. In cases involving a victim, the victim will be notified of the appeal proceedings and may submit a written statement for the Appeal Authority within five business days.  

4. The appeal documents, the Coordinator's response, the victim's statement, and all records from the hearing will be provided to the Appeal Authority for review. 

5. Grounds for Appeal: Upon the specific request of the student/organization, as indicated in the appeal document, the Appeal Authority shall review the decision of the Hearing Board or Administrative Hearing Officer to determine:

a. whether the hearing process was conducted fairly and in accordance with prescribed procedures;

b. whether there is new evidence or relevant information, not available at the time of the original hearing, which may alter the Hearing Authority's findings;

c. whether there is evidence to support the original decision of the Hearing Authority;

d. whether the University regulations alleged to have been violated were properly interpreted or applied by the Hearing Authority;

e. whether the sanction imposed was proportionate to the gravity of the misconduct.

6. If the Appeal Authority determines that none of the grounds for appeal have been substantiated, the appeal is denied.  This decision shall be final and all sanctions determined by the Hearing Authority will be enacted.

7. The Assistant Vice President for Student Services, as Appeal Authority, may affirm the Hearing Authority's decision, reduce the sanction determined by the Hearing Authority, dismiss some or all of the charges, or remand the case for a new hearing.  The Assistant Vice President may not increase the severity of the sanction as a result of the student's/organization's appeal.  The decision of the Assistant Vice President for Student Services is final.  The student/organization will be notified of the Assistant Vice President’s decision in writing within five business days. The Assistant Vice President for Student Services will return the case records to the Coordinator of Judicial Programs who will maintain all records.

8. If an Appeal Board determines that there are grounds for appeal, the case shall be referred to the Vice President for Student Life.

9. The Vice President for Student Life will review the record of the case in its entirety.

10. The Vice President will set a date for an Appeal Hearing at which the student/organizational representative and the Coordinator of Judicial Programs may present information related to the appeal.  The Vice President may request that witnesses or the victim appear at the Appeal Hearing.

11. The student/organizational representative may be accompanied in the appeal hearing by an advisor who may be, but is not limited to, a faculty member, student, staff member, legal counsel, or any other person of the student's/organization's choice.  The advisor may not participate directly in the Appeal Hearing by offering testimony, questioning witnesses, or making argument, but may consult and interact privately with the student/organizational representative. 

12. The student/organizational representative will present the reasons for requesting a modification of the findings of the Hearing Board.

13. The Coordinator of Judicial Programs will respond and present the reasons for the action taken against the student/organization. 

14. The Vice President for Student Life may ask questions of the student/organizational representative and the Coordinator of Judicial Programs.

15. The Vice President for Student Life may call and question witnesses.  The student/organizational representative and the Coordinator will each have the opportunity to question those witnesses.

16. The Vice President for Student Life may place reasonable limits on direct examination, cross-examination and arguments. 

17. The Vice President for Student Life may affirm the Hearing Board decision, reduce the sanction determined by the Hearing Board, dismiss some or all of the charges, or remand the case for a new hearing.  The Vice President may not increase the severity of the sanction as a result of the student's/organization's appeal.

18. The decision of the Vice President for Student Life is final.  The student/organization will be notified of the Vice President's decision, in writing, within five business days.  The Vice President will return the case records to the Coordinator of Judicial Programs who will maintain all records.