Article III: Appeals

Section 3.01 – In General

  1. Jurisdiction. The Director accepts appeals of all final CC disciplinary actions. If the Director has a conflict of interest with respect to an appellant, the appeal will instead be decided by the SCSD in accordance with §3.03.

    Pursuant to the University Statutes, the SCSD accepts appeals of all final disciplinary actions of its subcommittees on student conduct.

  2. Grounds for Appeal. The appellant must base the appeal exclusively on one or more of the following grounds:
    1. Procedural irregularity that affected the outcome of the matter.
    2. New evidence that was not reasonably available at the time the determination regarding responsibility was made, that could affect the outcome of the matter.
    3. The CC or Panel members had a conflict of interest or bias that affected the outcome of the matter.
    4. Any sanctions imposed by the CC or Panel were not appropriate for the violation(s) for which the respondent was found responsible.

Section 3.02 – Appeals to the Director

  1. Right to Appeal. The respondent and any complainants have the right to appeal a final CC disciplinary action to the Director.
  2. Notice of Appeal. The appellant must submit a Notice of Appeal and all supporting documentation to the Office for Student Conflict Resolution within five business days of the date of notice of the CC’s decision.
  3. Content of Notice of Appeal. The Notice of Appeal must contain at least the following: (1) specific grounds for appeal; (2) specific outcome requested; and (3) the appellant's reasons in support of the grounds identified and outcome requested. The appellant must submit the Notice of Appeal in writing, and the appellant must either sign the Notice of Appeal or submit it by email to OSCR from their university email address (if applicable). Oral appeals are not accepted. In cases involving allegations of sexual misconduct, if only one party submits a Notice of Appeal, OSCR will notify the other party of the submission and grant the other party access to all submitted documentation. The other party will have five business days from the date of notification to submit a written response to be considered as part of the appeal. If both parties submit a Notice of Appeal, both parties will be informed, granted access to all submitted documentation, and given five business days to submit a written response.
  4. Sanctions Held in Abeyance Pending Appeal. Any formal or educational sanctions imposed will be held in abeyance automatically during the period in which the appeal may be filed and, once an appeal is filed, until the Director reaches a decision on the appeal. Behavioral restrictions such as no contact directives, however, remain in place pending the appeal.
  5. Appellate Review. The Director may, but is not required to, conduct interviews with parties involved in the matter.
  6. Authority of Director. If one (or more) of the grounds for appeal has been met, the Director may:
    1. Affirm the decision.
    2. Modify the decision.
    3. Remand the case to the original CC (with instruction) or a new CC (with or without instruction) for a new decision.
    4. Modify any sanctions or restrictions imposed.
  7. Finality of the Appeal Decision. The decision of the Director is final and binding on all parties.
  8. Notice and Record of Decision. The Director will provide simultaneous email notification of the decision to the respondent and any complainants. In cases involving allegations of sexual misconduct, the Director will also provide a rationale for the decision.

Section 3.03 – Appeals to the SCSD

  1. Right to Appeal. The respondent and any complainants have the right to appeal a final Panel disciplinary action to the SCSD. The Dean of Students may also appeal a decision if they believe it was manifestly unfair to the university community.
  2. Notice of Appeal. The appellant must submit a Notice of Appeal and all supporting documentation to the Office for Student Conflict Resolution within five business days of the date of notice of the Panel’s decision.
  3. Content of Notice of Appeal. The Notice of Appeal must contain at least the following: (1) specific grounds for appeal; (2) specific outcome requested; and (3) the appellant's reasons in support of the grounds identified and outcome requested. The appellant must submit the Notice of Appeal in writing, and the appellant must either sign the Notice of Appeal or submit it by email to OSCR from their university email address (if applicable). Oral appeals are not accepted. In cases involving allegations of sexual misconduct, if only one party submits a Notice of Appeal, OSCR will notify the other party of the submission and grant the other party access to all submitted documentation. The other party will have five business days from the date of notification to submit a written response to be considered as part of the appeal. If both parties submit a Notice of Appeal, both parties will be informed, granted access to all submitted documentation, and given five business days to submit a written response.
  4. Sanctions Held in Abeyance Pending Appeal. Any formal or educational sanctions imposed will be held in abeyance automatically during the period in which the appeal may be filed and, once an appeal is filed, until the SCSD reaches a decision on the appeal. Behavioral restrictions such as no contact directives, however, remain in place pending the appeal.
  5. Appellate Review.
    1. The Chair of the SCSD or their designee will identify at least three SCSD members, of which one must be a faculty member and one must be a student, to consider appeals within the SCSD’s jurisdiction. These individuals will constitute the Appeal Committee. Before the membership of this Appeal Committee is finalized, OSCR will provide the respondent (and any complainants) with a list of all members of the SCSD. At this point, the parties may challenge the objectivity of any person on this list. Such a challenge must be based on an identified bias (e.g., a prior relationship between the party and the member) or an identified conflict of interest. The Chair of the SCSD or their designee will consider these challenges when making a final decision regarding Appeal Committee membership. If the Chair of the SCSD does not serve on the Appeal Committee, they or their designee will select a faculty member to chair the Appeal Committee.
    2. The Appeal Committee will review all materials that were provided to the Panel, the recording of the hearing, the Notice(s) of Appeal, any documentation provided in support of the Notice(s) of Appeal, and any responses to the Notice(s) of Appeal.
    3. The Appeal Committee will meet to consider the appeal and will be advised by an OSCR staff member who did not serve as the CC; this OSCR staff member will not be allowed to vote. If the Chair of the SCSD or their designee determines that the Appeal Committee must question the CC, the Chair (or a member) of the Panel responsible for the original decision, the respondent, or any complainants to reach a decision, they will invite all of these individuals to participate in the meeting, which will be closed to the public.
  6. Deliberations. The Appeal Committee will deliberate in closed session and will decide by simple majority vote whether the appellant has met any of the grounds for appeal. Absent a majority to the contrary, the original decision shall be affirmed.
  7. Authority of SCSD/subcommittee. If one (or more) of the grounds for appeal has been met, the Appeal Committee may:
    1. Affirm the decision.
    2. Modify the decision.
    3. Remand the case to the original hearing body (with instruction) or a new hearing body (with or without instruction) for a new decision.
    4. Modify any sanctions or restrictions imposed.
  8. Finality of the Appeal Decision. The decision of the Appeal Committee is final and binding on all parties.
  9. Notice and Record of Decision. OSCR staff will provide simultaneous email notification of the decision to the respondent and any complainants. In cases involving allegations of sexual misconduct, the notification will also include the Appeal Committee’s rationale for their decision.