Appeals Process

The purpose of an appeals process is to ensure that students have been appropriately treated in the disciplinary process. Therefore, it conducts its business primarily based upon the written record. Only if it appears that a particular case requires that all parties meet prior to the review, a hearing may be conducted.

Any person has the right to appeal a decision made by a hearing officer or judicial board as long as the Petition for Appeal is completed and submitted within five business days of the decision being rendered.  Appeals must be submitted on an individual basis.  If roommates re appaling a finding, each person must submit his/her own petition for appeal.  In order for an appeal to be reviewed, one or more of the basis for appeal must be reasonably met.  If the appeal is based on one of the three following criteria, it is defined as having merit and will be assigned to a designated appeal officer for review.  The administrative hearing officer that determined responsibility will have an opportunity to respond to the appeal if he/she chooses.

Basis for an appeal:

1. New evidence is now available that was not at the time of the hearing
2. A procedural error(s) took place (due process was not followed)
3. Severity of the penalty assessed is not appropriate for the violation(s).  (Not applicable for minimum standard sanctions of the Alcohol and Other Drug Policy).

If the Petition for Appeal does not meet any of the three criteria listed above, then it is defined as not having merit, and there will be no basis for appeal.

Instructions for submitting the Petition for Appeal:

• Forms can be obtained at the university website and filled out online or downloaded and turned into the office of student affairs located in Exeter Hall.
• The Petition for Appeal must be submitted within five business days of receiving the disciplinary decision. Information on the form must be completed accurately, legibly, and concisely.

Once the form is submitted:

• If the student’s case is reviewed, a decision will be made within one week of receiving the petition.  Outcomes could include the following: If an appeal is granted, the decision or sanctions may be dismissed, changed, or a new hearing could be granted.
• If the student’s appeal does not have merit, the appeal process is concluded and a letter will be sent to the student via e-mail.

Appeals for administrative meetings and hearings will be heard by the assistant dean of students for rights and responsibilities.  Appeals concerning major violations that were heard by the Judicial Board will be heard by the two members of the judicial board who did not originally hear the case, or the vice president of student affairs.  During the undergraduate school’s summer hiatus, appeals will be handled by the assistant dean of students for rights & responsibilities.

Notification of the results will be sent via e-mail within 72 hours after the appeal has been reviewed.  The university has the right to notify victims of hearing and appeal results. In cases of sexual assault, the university is required to notify the victim.

If a student has filed an appeal, the sanction originally imposed will be on hold pending the completion of the appeal process.

Attendance at Review Meeting
If the person reviewing the appeal determines that a review meeting and/or hearing is required, the student and the staff member who made the finding against the student must both attend that meeting. Meetings will be conducted only when there are extenuating circumstances.