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E. Appeals

1. Time Limit

1. A decision reached by the Student Conduct Board may be appealed by the Accused Student(s) or Complainant(s) to the Vice President for Student Affairs or his/her designee serving as the appellate officer within five (5) classroom days of the notification of the decision. Such appeals shall be in writing and shall be delivered to the Vice President for Student Affairs.

2. Limitations

2.Except as required to explain the basis of new information, an appeal shall be limited to a review of record of the Student Conduct Board Hearing and supporting documents for one or more of the following purposes:

  1. To determine whether the Student Conduct Board Hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures shall not be a basis for sustaining an appeal unless significant prejudice results.
  2. To determine whether the decision reached regarding the Accused Student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code occurred.
  3. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed.
  4. To consider new information, sufficient to alter a decision or other relevant facts not brought out in the original Hearing, because such information and/or facts were not known to the person appealing at the time of the original Student Conduct Board Hearing.
3. Determination

3. The Vice President for Student Affairs or his/her designee will determine whether the grounds for appeal have been asserted and whether further process is necessary to resolve the appeal. If there is no basis for an appeal review, then the original response and any sanctions will stand.

4. Outcomes of an Appeal

4. The Vice President for Student Affairs may determine the following appeal outcomes:

  1. Return the case back to the original Student Conduct Hearing Board for reconsideration.
  2. Alter the decision and/or the sanction(s).
  3. Uphold the decision and/or sanction(s). If the original decision was deferred during the appeal process, new deadlines may be established for the original sanctions(s) as deemed appropriate by the appellate body.
5. Consideration Period

5. The decision of the Vice President for Student Affairs will be provided to the student in writing within fifteen classroom days of receipt and is final.

6. Timing of Sanctions

6. Suspensions, expulsions and removal from campus housing will not take effect until the appellate process is complete, except in cases of interim suspensions or other emergency action.