Appeal Procedure for Academic Misconduct Cases

While all members of the university community have the right to request an appeal, a request for an appeal may not always be granted. Requests will be reviewed for merit and if filed on time.

Cases First Initiated or Heard at the Faculty / Chairperson’s Level

The student will be notified in writing regarding the disciplinary outcome and the next level of appeal for academic misconduct cases. Cases which are first initiated and heard at the faculty and/or chairperson’s level or other administrator serving as a hearing officer must be appealed to the dean of the college within three business days of the notification of the initial decision by completing an Appeals Request Form available in the Office of the Dean of Students and online at http://www.tamuk.edu/dean/

• The appeal must be in writing to the appropriate person or body and submitted within the specified time, including the name of the individual or organization appealing, the action that is being appealed, the date the action took place, and the grounds for the appeal. On appeal, the burden of proof rests with the student to show that an error has occurred during the initial hearing. Appeals must be made based on one or more of the following grounds:
  1. A procedural error occurred during the process that significantly impacted the outcome. The appeal must state in writing the procedural error and how it impacted the outcome.
  2. New evidence, unknown or unavailable during the investigation /hearing process has come to light, that could have significantly impacted the outcome. The appeal must state in writing the new information now available and why it was not available during the investigation.
  3. The appropriateness or severity of the sanctions. The reason(s) supporting this must be stated in writing in the appeal.
• The academic dean will have five business days to evaluate the merit of the appeal request and if it was filed on time. If the appeal is not merited, the academic dean may terminate the appeal and so notify the student. If the appeal is merited, the academic dean will have ten business days to review the case and render a decision. If extenuating circumstances prevent either party from meeting this time frame, all parties involved will agree upon an alternate schedule.
• If an appeal request is granted, the academic dean may at his/her discretion meet with the student and/or other witnesses to determine a decision. The decision will be based upon a preponderance of the evidence. The academic dean may uphold, modify, send back the case to the original hearing body for further consideration, or completely reverse the original decision as appropriate. The student will be notified in writing of the academic dean’s appellate decision which is final and a summary of the findings.

Cases Initiated and Originally Adjudicated at the Academic Dean’s Level

Cases that are initiated and originally adjudicated at the academic dean’s level may be appealed to the Judicial Appeals Board via the Senior Student Affairs Officer (Acting Vice President of Student Success or designee) within three business days of the notification of the initial decision by the academic dean by completing the Appeals Request Form available in the Office of the Dean of Students. They shall convene the Judicial Appeals Board within 10 business days to conduct the hearing and render a decision. If extenuating circumstances prevent either party from meeting this time frame, all parties involved will agree upon an alternate schedule.

• If a formal hearing is held during an appeal, it shall be conducted following the procedural guidelines for hearings. The appellant and a representative from the initial hearing officer or body shall be allowed to present reasonable oral arguments and file typewritten or reproduced material. The appellate body may call in other witnesses it deems necessary. The decision will be based upon a preponderance of the evidence.
• Upon review of the appeal, the person or body conducting the appeal may uphold, modify, send back the case to the original hearing body for further consideration, or completely reverse the original decision as appropriate. A written summary of the findings must be provided and should the decision be modified it should be following one or more of the conditions delineated in this code.
• The student will be notified in writing by the Senior Student Affairs Officer (Acting Vice President of Student Success or designee) or the chair of the Judicial Appeals Board of the body’s appellate decision which is final (except for cases involving suspension or expulsion) and a summary of the findings.

Cases Involving Suspension or Expulsion

In academic misconduct cases where the sanction assigned to the student is suspension or expulsion, the student may appeal the decision of the Judicial Appeals Board to the Provost by appealing in writing within three business days after notification of the committee’s decision. Students must complete the Appeals Request Form available in the Office of the Dean of Students. The Provost has 10 business days to review the case and render a decision. The student will be notified in writing of the decision and a summary of the findings. The decision of the Provost is final and may not be appealed. Should the Provost sustain the suspension/expulsion, a copy of the letter will be sent to the Dean of Students, the Registrar, the academic dean, and the President.

Status of Students During Charges and/or Appeals

Pending final action on a misconduct charge or appeal of disciplinary action, the student’s status should not be altered nor should his/her right to be present on the campus or his/her privilege to attend classes be suspended except for the following:

1. When the university has imposed immediate interim suspension action;
2. When a “disciplinary hold” is placed on the student’s academic and/or financial records pending the outcome of disciplinary proceedings or to enforce a disciplinary sanction;
3. When interim measures or restrictions are taken during a Title IX investigation and/or code of conduct disciplinary process when it is determined that they are necessary and appropriate to the safety of the community, and/or to protect the integrity of the complaint/investigation process;
4. To assist with maintaining order on campus in incidents involving serious cases of class/facility disruptions, physical altercations or threat of violence whereby student(s) involved may be restricted from certain areas or other accommodations made to minimize the opportunity for verbal/physical conflict or retaliation.