Following an initial review, both the accused student and the complainant may file a written appeal within 10 business days from receipt of the written opinion. Receipt is deemed accomplished by personal delivery or two days after the date of mailing. Written appeals should be submitted to the Office of Student Judicial Affairs and Community Standards.
Should a party intending to appeal believe they have been given inadequate time to prepare their written documents, a written request for extension of time may be submitted to the Office of Student Judicial Affairs and Community Standards. The request must be submitted in writing within the 10-business-day appeal period, and should include the rationale for requesting extra time along with a proposed date by which all appeal documents will be submitted.
Requests for extension of time will be considered on their merits and will not be granted automatically. When an extension is granted, opposing parties to the initial review will be notified.
15.01 The written appeal must include the Appeal Request Cover Sheet indicating the specific grounds for the appeal (see Section 15.02 ), supporting arguments and documentation, and any other relevant information the accused student or the complainant wishes to include. Appellants should refer to Guidelines for Writing Appeals, a document available from the Office of Student Judicial Affairs and Community Standards.
The appellant should be aware that all appeals are initially documentary reviews in which no oral testimony is taken. Generally appeals are determined solely on the merits of the documents submitted and never proceed to oral hearing. Appellate documents therefore should be as complete as possible.
15.02 Appeals must state one or more of the following criteria as the reason for the appeal:
A. That new evidence has become available which is sufficient to alter the decision and which the appellant was not aware of or could not have reasonably obtained at the time of the original hearing.
B. That the sanction imposed is excessive or inappropriate .
C. That the review panel or hearing officer failed to follow university rules or regulations while reviewing the cited behavior.
15.03 Upon receipt of the written appeal, the other principal parties to the original complaint (complainant or accused student) are notified and provided reasonable opportunity to respond in writing to the appeal.
After receiving all appellate documents, the appropriate appeals panel will convene and review the submitted appellate documents, the written decision from the initial review and supporting documents relevant to the initial review decision. In addition, the appeals panel may request additional statements from the hearing officer of an administrative review or the chairperson or advisor from a panel review, and may refer to the audio recording of an initial panel review, if such was conducted. The appeals panel will issue a written decision to all principal parties to the initial review.
15.04 Upon review of the appellate documents, the appeals panel may uphold the initial decision in its entirety, increase sanctions of the initial decision, decrease sanctions of the initial decision, remand the case back to the Office of Student Judicial Affairs and Community Standards for further review or dismiss the case.
All decisions of appellate bodies are final and binding upon all parties. There is not further appeal in any of these cases.
15.10 Appropriate Appeals Panel
A. PEER REVIEW APPEALS PANEL
The Peer Review Appeals Panel reviews all nonacademic appeals except those resulting in sanctions of expulsion, suspension, revocation of degree or revocation of admission. The panel is appointed by the director, Office of Student Judicial Affairs and Community Standards, and consists of three to five members with at least one student member. The director, Office of Student Judicial Affairs and Community Standards, or designee shall serve as a non-voting advisory member of every appeals panel.
B. STUDENT BEHAVIOR APPEALS PANEL
The Student Behavior Appeals Panel serves the President through the Vice President for Student Affairs. All recommendations of the Student Behavior Appeals Panel are subject to review and possible modification by the Vice President for Student Affairs and, once approved, are final and binding upon all parties.
The members of this panel are appointed by the President. Each appeal is reviewed by three members including at least one student and one faculty member. The panel will be advised by an appointee of the Vice President for Student Affairs. The advisor will be a non-voting member whenever the panel convenes.
The Student Behavior Appeals Panel will meet on a regular basis to review all appeals where academic sanctions and/or sanctions of expulsion, suspension, revocation of degree and revocation of admission are imposed.