Student Handbook - Conduct Code

Appeals

The point of an appeal is not to provide the accused with a new hearing. The accused may appeal the decision of the Hearing Board based only upon the grounds outlined below with respect to the violation(s) found to have occurred. The complainant, in the case involving sexual misconduct, may appeal the decision of the Hearing Board based only upon the grounds outlined below. The appeal is to be prepared by the student seeking the appeal, not legal counsel. There is no option for an appeal of sanctions issued through an Administrative Review.  Appeals of hearing decisions must be submitted to the Dean of Students in writing within ten (10) days of written notification of the hearing results. The imposition of sanctions will remain in effect during the period of the appeal proceedings. Most appeals are reviewed by Vice President of Student. Appeals of expulsions from the College are handled by the College President directly.

Except as required to explain the basis for new information, an appeal shall be limited to a review of the recording, if one has been requested, the incident report, and the Dean of Student’s determination letter. The Appeals Board  may review all materials presented  at the hearing and may consult with the chair of the Judicial Hearing Board, Student Conduct Board or Fraternity and Sorority Conduct Board, on questions of judicial procedure; and the Dean of Students, or designee, on questions of appropriateness of the sanction(s).

Appeals shall be submitted based on the student’s ability to demonstrate that:

• the hearing was materially inconsistent with the established judicial procedure;
• information is available that was unavailable at the time of the hearing, and the new information is relevant to the Judicial Body’s determination.

An appeal must set forth concisely the grounds for appeal, as well as any supporting material submitted by the accused students.

A written decision will be rendered by the Vice President for Student Affairs (or President in accordance with the above procedures) and mailed to the student’s local address, ordinarily within ten (10) days of receipt of the appeal. Vice President for Student Affairs (or President) may:

• uphold the original decision.
• remand the case to the appropriate body for rehearing.
• remand the case to the appropriate body or to the Dean of Students with a recommendation that the sanctions be modified, together with an explanation of why the original sanctions are deemed inappropriate
• remand the case to an ad hoc hearing board. This will be done only in extraordinary cases when, in the considered opinion of the Appeals Board, prejudicial bias or procedural problems would make it impossible for the appropriate body to reach a rational decision.

The outcome of the appeal is final.