Appeal Process for Nonacademic 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 heard through University Housing and Residence Life

Sanctions issued in nonacademic misconduct disciplinary hearings in University Housing and Residence Life areas may be appealed to the Office of the Dean of Students.

The Dean of Students will hear appeals from nonacademic misconduct cases adjudicated by University Housing and Residence Life. The appeal must be made in writing to the Dean of Students within three business days after notification.

1. The appeal must be in writing to the appropriate person and submitted within the specified time; include 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 of nonacademic disciplinary action 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.
2. The Dean of Students will have ten business days to evaluate the nonacademic appeal request and the case, then render a decision. If extenuating circumstances prevent either party from meeting this time frame, all parties involved will agree upon an alternate schedule.
3. If an appeal request is granted, the Dean of Students may, at his/her discretion, meet with the student and/or other witnesses to determine a decision on the nonacademic appeal. The decision will be based upon a preponderance of the evidence. The dean/associate dean may uphold, modify, or 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 Dean of Students appellate decision which is final and a summary of the findings. The Dean’s decision will be final and may not be appealed, except for sanctions resulting in suspension or expulsion.

Cases Initially Adjudicated at the Dean of Students Office or University Discipline Committee Level

Nonacademic misconduct cases initially adjudicated by the Dean of Students Office or the UDC may be appealed to the Senior Student Affairs Officer (the Acting Vice President of Student Success). The appeal must be made in writing to the Senior Student Affairs Officer within three business days after notification of the decision. Students may complete the Appeals Request Form available in the Dean of Students Office.

The Senior Student Affairs Officer 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.

1. The Senior Student Affairs Officer 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.
2. Upon review of the appeal, the person or body conducting the appeal may uphold, modify, or 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 will follow one or more of the conditions delineated in this code. The decision of the Senior Student Affairs Officer is final and may not be appealed.

Status of Student During Charges and/or Appeals

Pending final action on a nonacademic 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 (as outlined in a separate section of this publication);
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. Interim measures taken during a Title IX investigation when it determines that they are necessary and appropriate to the safety of the community and to protect the integrity of the complaint/investigation process, as allowed by the published process; or
4. To assist with maintaining order on campus in incidents involving serious cases of class/facility disruptions 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.