Appeals of Disciplinary Action
Within fifteen (15) business days from the date that the notification of sanctions is sent via certified mail, a written appeal of the decision may be made to a panel consisting of the Director of Legal Affairs or his/her designee, and two designated members of the Cabinet, or other University officials as deemed appropriate by the Director of Legal Affairs. Any appeal must be sent via certified mail, return receipt requested to the Director of Legal Affairs in the Office of the President and University Counsel. A copy of the appeal shall be sent to the Vice President of Student Affairs.
A party may request an appeal on the grounds that the hearing was unfair. Such a request must state the specific procedure(s) violated and provide information or documentation to substantiate the allegation(s). A party may also request an appeal on the grounds that:
- the decision was contrary to the evidence;
- the sanction imposed is inappropriate, unreasonable, or unjust; and/or
- there is new information which was not available at the time of the original hearing.
A request on any of these grounds must explain, in detail, the basis for the appeal.
The filing of an appeal shall not act as a stay of any suspension or dismissal. The panel shall review the appeal and determine, at its discretion, whether the appeal shall be considered upon the written and recorded record or whether a further hearing is necessary. The panel shall issue this determination within ten (10) business days from the receipt of the appeal and schedule any hearing as promptly as is reasonably possible. In the event that no hearing is conducted, a decision will be issued within thirty (30) days of receipt of the appeal. In the event that a further hearing is necessary, the panel shall issue its decision within ten (10) business days of that hearing.
The panel shall consist of at least two (2) of the three (3) members. Decisions of the panel shall be by majority vote of those present. The decisions of the panel shall be final.
A party taking an appeal must establish by clear and convincing evidence that the decision of the Student Disciplinary Committee should be reversed. The appeal panel may amend the penalty either upward or downward if convinced by clear and convincing evidence to do so. In the event that the appeals panel consists of 82 only two (2) voting members and they are split as to the result, the decision of the Student Disciplinary Committee shall not be disturbed.