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Appeals

The Complainant or Respondent may appeal the determination by submitting a written appeal within seven (7) calendar days of the date of the Outcome Letter.  The Outcome Letter will notify the parties to whom they may submit a written appeal. Respondents have the right to appeal both findings (decision of responsible/not responsible) and sanctions, however findings may only be appealed on the basis of procedural error. Complainants have the right to appeal based on procedural error. As complainants are not permitted under FERPA to receive the outcome of a case except in relation to violence and incidents related to Title IX violations (Sexual Misconduct, Relationship Violence, and Stalking), complainants will only be able to appeal findings (on the basis of procedural error) and sanctions in those instances.  The College will share findings and sanctions with the complainant in accordance with FERPA requirements. For appeals of academic integrity violations heard by the CRB, complainants and respondents should follow the processes outlined in the Ethics of Scholarship section.

  1. Appeals of procedure and/or appeals of sanctions by the complainant and/or the respondent must be submitted in writing  within seven (7) days after written notification of the outcome and must meet the criteria below to be accepted.[1] A late appeal will not be accepted.
    • Appeals based on procedural grounds must outline a material procedural error that substantially impacted the outcome. 
    • Appeals of sanctions must outline why the sanction is substantially disproportionate to the violation.  An appeal of sanctions should also detail any alternate sanctions the appellant would suggest as more appropriate.
  1. Appeals of Removal from Housing, Suspension, or Expulsion
    (a) Students removed from housing, suspended, or expelled must vacate housing within the time frame specified in the outcome letter (typically within 48 hours, however this may vary at the discretion of the Dean of Students Office).
    (b) If a student intends to appeal a removal from housing, suspension or expulsion, a written intent to appeal must be submitted within 48 hours of the decision. The intent to appeal must include a summary of the grounds for the appeal.
    (c) If an intent to appeal is submitted in the specified timeframe, the student may be permitted to remain in housing, at the discretion of the Dean of Students Office, for the duration of the appeals period until an appeal decision is made. A late intent to appeal does not exclude an appellant from the appeals process, but does mean they will not be permitted to remain in housing during the appeal period. If an appeal is denied, the original sanctions will be effective immediately unless otherwise specified by the dean of students’ office.
    (d) If a student submits an intent to appeal and a full appeal is not submitted by the appeal deadline, additional sanctions may be applied and may include suspension, expulsion, transcript holds, and permanent trespass from the College.
    (e) Additional details regarding how to submit an appeal, intent to appeal, and submission deadlines for the appeal process will be included in the outcome letter.
  2. Appeals may be heard by an administrator in the Dean of Students Office with appropriate training and experience to serve as an impartial decision-maker, including the dean of students, or a hearing panel as designated by the Dean of Students Office. Whether heard by an administrator or panel, appeals are only reviewed in writing and the appellant does not appear in person. The appellant may be asked to meet in person to review the outcome of the appeal. 
  3. After an appeal is submitted, the complainant and/or respondent will be informed who will review their appeal.
  4. If a complainant/respondent does not plan to appeal, they still have the right to submit a letter to have their perspective included in the event that the other party appeals. Deadlines for submitting a letter will be included in the outcome letter and will likely follow the same timeline as the deadline for appeal.
  5. In all cases of an appeal, the dean of students’ office shall review the appeal and pertinent facts relative to the appeal, determine if further investigation is warranted, and render a decision. The administrator or panel will make a determination based on the written record.  Appeals are not intended to be a de novo review, i.e., they are not intended to be a review from the beginning. The Dean of Students Office's responsibility in reviewing an appeal includes: 
    (a) affirming the findings;
    (b) altering the findings only where there is clear error based on the stated appeal grounds; or 
    (c) altering the sanctions only where there is clear evidence that the sanctions were substantially disproportionate to the violation.
  6. If a case is remanded for further investigation an additional appeal option may apply after a new decision is rendered.
  7. The original sanction will be in effect throughout the duration of the appeals process unless otherwise specified in the outcome letter. The sanction will be altered only if and when the respondent is informed by the Dean of Students Office that such a decision has been made.
  8. In the rare event that the dean of students serves directly as the conduct meeting administrator, the appeal will go directly to the President of the College or other designee of the President.

The Dean of Students Office will make a final decision within ten (10) business days of receiving the appeal.  This timeframe may be extended for good cause as necessary to ensure the integrity and completeness of the review.  Any extension of the timeframe, and the reason for the extension, will be shared with the parties in writing. The Dean of Students Office's decision is final.

 

 


[1] Appeals may be submitted after the seven (7) day deadline if previously unavailable relevant evidence that could affect the outcome becomes available.