Appeals

Either a complainant or a respondent may appeal a determination made by a conduct officer or UCB hearing panel. An appeal is filed by submitting it to the Office of Community Standards within five days of the date of issuance of a conduct officer(s) or UCB panel's written decision using the form located below. A properly filed and timely appeal will generally stay any sanction(s) levied unless doing so would be inconsistent with the institution’s Title IX obligations and/or it is determined by the Office of Community Standards that this action would present an unreasonable danger to any person or property or be disruptive to the University’s living/learning environment. The non-appealing party may respond in writing to the appeal within five days of the filing of the appeal with the Office of Community Standards.

A student filing an appeal will receive confirmation of the appeal request and the status of any sanctions issued. Following acknowledgement of the appeal, the student’s conduct file will be forwarded to the appropriate reviewer.

Appeals of Conduct Reviews and Conduct Conferences are considered by the Assistant Vice President/Dean of Well-Being and Healthy Living or their designee. Appeals of Conduct Conferences resulting in suspension are considered by the Assistant Vice President/Dean of Well-Being and Healthy Living and a conduct officer who did not originally hear the matter being appealed.

Appeals of UCB Hearings are considered by the University Conduct Appeals Board (UCAB) consisting of three members of the UCB who did not originally hear the matter being appealed.

The Office of Community Standards and/or its designee shall have the opportunity to provide a written response to the appeal request. The response may include information the Office of Community Standards and/or its designee regards as relevant to the appeal, including information used in making its determination.

Appeal processes are "document only" procedures and no students or support persons are present when an appeal is being considered. The appeals officer or UCAB will consider information reviewed at the original conduct meeting or hearing, information submitted by the parties within the five-day appeal and response periods referenced above, and the findings of the conduct officer or UCB hearing panel. The UCAB panel will also consider the audio record of the UCB hearing.

1. Grounds for Appeal

An appeal may be filed on one or both of the following grounds:

a. Procedural Error: A procedural defect in published procedures and processes which more likely than not would have had a significant effect on the decision.

b. New Information: The discovery of substantive new information that was unknown or unavailable to the student at the time of the conduct process that more likely than not would have had a significant effect on the decision.

Disagreeing with the severity of a conduct process outcome is not considered grounds for an appeal. The appeal must show that the assigned outcome(s) was unreasonably outside of the parameters of potential conduct outcomes and therefore a procedural error.

2. Appeal Actions

The appeals officer or UCAB may take the following actions:

a. If the reviewer(s) determines that a procedural error occurred in the conduct process, the case may be remanded to the Office of Community Standards with specific instructions to correct the procedural error and/or reconsider the case.

b. If the reviewer(s) determines that the request for Appeal includes new information, the case may be remanded to the Office of Community Standards for disposition.

c. Uphold the original decision and outcome.

The appeals officer or UCAB determination shall be supported by a written statement of the rationale for the decision.

A notification of the decision regarding the appeal will be made to the party who filed the appeal and the non-appealing party in person, by phone, or to the appellant’s University e-mail address or mailing address. In cases of violence or sexual misconduct, the complainant will also be notified of the decision regarding the appeal. Notification will be made in conformance with privacy laws, including FERPA. The appeal decision shall be rendered within fifteen days of the filing of the written appeal. The decision of the appeals officer or UCAB is final and effective immediately upon issuance of the written decision on appeal.

Appeals may be submitted using this online form

Last updated 8/24/17