Appeals

1. A decision reached by the Student Conduct Board or the University Code Administrator may be appealed by the Accused Student or Student Organization to an Appellate Board within five business days of the decision. Such appeals must be submitted in writing to the Student Conduct Administrator.  In circumstances of sexual assault, domestic violence, dating violence, and/or stalking, the accuser (“Accuser”) has the same right to appeal the Student Conduct Board’s or University Code Administrator’s decision or respond to the Accused Student’s or Student Organization’s appeal.  An Accused Student or Student Organization may respond to an Accuser’s appeal.

2. An Accused Student, Student Organization, or Accuser may respond to the other’s appeal within five business days after the Student Conduct Administrator sends the appeal to the student.

3. The Student Conduct Administrator will review the appeal and any response and forward it to the Appellate Board if the appeal adequately addresses at least one of the two grounds stated in Article IV.E4.

4. An appeal shall be limited to a review of the record of the Student Conduct Board Hearing and supporting documents to determine whether:

a. There were procedural defects that substantially prevented a full and fair hearing on the merits;

b. There exists new evidence sufficient to alter the decision that was not known and could not have been known at the time of the original hearing.

5. The Appellate Board will review the appeal and the record of the Student Conduct Board Hearing. In the event that the Appellate Board does not recommend that the original decision be affirmed, the Appellate Board may take the following actions:

a. If a majority of the Appellate Board decides that there were procedural defects that substantially prevented a full and fair hearing, the Appellate Board will return the case for a new hearing before a Student Conduct Board;

b. If a majority of the Appellate Board decides that new information sufficient to alter the decision was not known, and could not have been known to the person appealing at the time of the original hearing, the Appellate Board will return the case for a new hearing before a Student Conduct Board.

6. Appellate Board proceedings are not recorded.

7. The Student Conduct Administrator shall advise the Accused Student, group and/or organization, and the Complainant in writing of the Appellate Board decision and there shall be no further appeals.

F. Status of a Student Pending Appeal

1.  The academic status of a Student who has been expelled or suspended by the University Code Administrator may not be altered pending completion of the appeal process, except as provided in Article III.B of the Student Code. Generally, it is presumed that a Student may participate in any university registered or recognized club or organizational activity, or any university sponsored program, activity or related event pending completion of the appeal process. However, the University Code Administrator or their designee may, in their sole discretion, prohibit a Student from (1) residing in or being present in University Housing or (2) participating in any university registered or recognized club or organizational activity, or any university-sponsored program, activity or related event pending completion of the appeal process.

2.  The results of a disciplinary proceeding do not become final until all internal appeals have been resolved.