The Appeals Process

Decisions of the respective boards are effective immediately, unless a written notice of intention to appeal has been received by the Office of Judicial Affairs within twenty-four (24) hours after the confirmed decision is made available.

Either party may appeal the decision of the hearing board in writing within five (5) University business days after the written decision is made available. All appeals must be authored and signed by the submitting party. Appeals produced by Procedural Advisors or other non-parties will not be considered by the University Appeals Board.

Appeals must be based on one or more of the following:
1. new evidence not reasonably available at the time of the original hearing, the absence of which can be shown to have had a detrimental impact on the outcome of the hearing;
2. procedural error that can be shown to have had a detrimental impact on the outcome of the hearing;
3. errors in the interpretation of University policy so substantial as to deny either party a fair hearing;
4. grossly inappropriate sanction having no reasonable relationship to the charges.

When an appeal has been filed, the appropriate parties may be requested to respond in writing to the matters in question before a decision about the appeal is made. The University Appeals Board will determine whether the grounds for appeal have been satisfied and whether further process is necessary to resolve the appeal.

Findings of fact will be accepted as determined by the original board, unless the appellate body determines that the original board acted in an arbitrary, capricious, or unfair manner.

The University Appeals Board will make a decision based on the written submissions within ten (10) business days, or indicate in writing what further process is necessary for final resolution.

The University Appeals Board may re-hear cases or limit the proceedings to the specific issue(s) outlined in the appeal, depending on the nature of the case. The decision may be affirmed or overturned, the sanction may be altered up or down, or the case may be returned to a lower board for additional process. Standard sanctions may be altered by the University Appeals Board where it finds substantial mitigating or exacerbating circumstances warrant reduction or enhancement of the standard sanction.

Decisions of the University Appeals Board, except decisions on the merits in cases involving nonconsensual sexual activity or felony arrest, will be final when reviewed and confirmed by the Senior Vice President and Dean of Student Affairs, or his or her designee. In cases involving nonconsensual sexual activity or a felony arrest, the Chancellor will designate three faculty/staff/administrators to act as a Review Board to confirm all decisions reached on the merits of the case. At least one of the Review Board members will be male and at least one will be female. They will be designated from a pool of at least six (6) faculty/staff/administrators appointed annually by the Chancellor and appropriately trained to review cases involving nonconsensual sexual activity or felony arrests.

The Senior Vice President and Dean of Student Affairs, or his or her designee, or the Review Board, as appropriate, may interview any participant in an earlier proceeding, change the decision, alter the sanction up or down, or return the case to the University Appeals Board or another hearing board for further process. Decisions of the Senior Vice President and Dean of Student Affairs, or his or her designee, or the Review Board, as appropriate, are final. Review and confirmation by the Senior Vice President and Dean of Student Affairs, or his or her designee, or the Review Board will be made within ten (10) business days after the decision of the University Appeals Board is complete. Parties will be informed of the outcome of any appeals only upon confirmation by the Senior Vice President and Dean of Student Affairs, or hisdesignee, or the Review Board.