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Article III: Appeals

• Section 3.01 – In General
• Section 3.02 – Appeals to Executive Director
• Section 3.03 – Appeals to Subcommittees and Senate Committee

Section 3.01 – In General

1. Jurisdiction. The Executive Director accepts appeals from all final disciplinary actions of a DO, the Director of Registered Student Organizations, and the Residence Hall Judicial Council (RHJC) which are not of record.
   
   The appropriate Subcommittee accepts appeals of all final disciplinary actions of DO where the sanctions are of record (noted on transcript). Appeals of Interfraternity Council and Panhellenic Council decisions are referred to the Board of Fraternity Affairs and the Board of Sorority Affairs, respectively.
   
   Pursuant to University Statutes, the Senate Committee on Student Discipline (SCSD) accepts appeals from all final disciplinary actions of its Subcommittees on Student Conduct. The SCSD will also accept appeals of decisions of the Director of Registered Student Organizations where an organization’s recognition has been suspended or revoked.
2. Grounds for Appeal. Appeals are not new hearings. Rather, the appellate review will be limited to a record of the original hearing and supporting documents. The appellant must demonstrate at least one of the following grounds for appeal:
   1. The hearing was not conducted fairly in light of the charges against the respondent and that information was not presented in conformity with prescribed university procedures. However, deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
   2. The decision reached regarding the respondent was not based on substantial information. That is, whether there were facts established in the hearing that, if believed by the hearing body, were insufficient to establish that a violation of the Student Code occurred.
   3. The sanction(s) imposed by the hearing body was/were not appropriate for the violation(s) for which the student was found responsible.
   4. New information or other relevant facts clearly not available at the time of the original hearing because such facts are now available.

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Section 3.02 – Appeals to Executive Director

1. Who May Appeal. The respondent may appeal a decision to Executive Director. The Dean of Students may also appeal a decision, but only if he/she determines that the decision was manifestly unfair to the University community.
2. Respondent's Notice of Appeal. The respondent must submit a Notice of Appeal to the Executive Director within five business days of the original decision. Upon good cause shown, an extension may be requested in writing and may be granted by the Executive Director.
3. Content of Notice of Appeal. The Notice of Appeal must contain at least the following: (1) specific grounds for appeal; (2) specific relief requested (3) appellant's reasons in support of the relief requested. Appeals must be formal letters written and signed by the respondent. Appeals are not accepted verbally.
4. Sanction Held in Abeyance Pending Appeal. The effective date of any sanction will be held in abeyance automatically during the period when the appeal may be filed and until the Executive Director reaches a decision on any appeal filed. However, the Executive Director retains the right to retain certain conditions or restrictions, particularly those related to life safety issues and “no contact” directives.
5. Appeal Review. The Executive Director may conduct interviews with parties involved in the matter (e.g. disciplinary officers, appellant, witnesses, and alleged victim).
6. Authority of Executive Director. Upon review, the Executive Director may:
   1. Affirm the action, at which time the matter will be considered final and binding upon all involved.
   2. Reverse the action taken by the original hearing body and dismiss the case.
   3. Remand the case to the original or new hearing body for a new hearing.
   4. Increase or decrease any sanctions imposed if deemed appropriate based on information presented during the appeal process.
7. Notice and Record of Decision. A decision will be communicated to the appellant and hearing officer within 5 days of the conclusion of the Executive Director’s review of the case.

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Section 3.03 – Appeals to Subcommittees and Senate Committee

1. Who May Appeal. The respondent may appeal a decision to a Subcommittee or the Senate Committee, as appropriate. The Dean of Students may also appeal a decision, but only if he/she determines that the decision was manifestly unfair to the University community.
2. Respondent's Notice of Appeal. The respondent must submit a Notice of Appeal to the Executive Director within five business days of the date on which notice of the action of the original hearing was transmitted to the student. Upon good cause shown, an extension may be requested in writing and may be granted by the Executive Director.
3. Content of Notice of Appeal. The Notice of Appeal must contain at least the following: (1) specific grounds for appeal; (2) specific relief requested (3) appellant's reasons in support of the relief requested. Appeals must be formal letters written and signed by the respondent. Appeals are not accepted verbally.
4. Sanction Held in Abeyance Pending Appeal. The effective date of any sanction will be held in abeyance automatically during the period when the appeal may be filed and until the committee reaches a decision on any appeal filed. However, the SCSD and Subcommittees retain the right to retain certain conditions or restrictions, particularly those related to life safety issues and “no contact” directives.
5. Appellate Review.
   1. The hearing of any appeal will be scheduled by the Executive Director for the most expedient meeting of the SCSD or Subcommittees following the date of the filing of the notice of appeal. The Executive Director will notify the appellant of the date, time, and place of the hearing in writing at least 5 days prior to the hearing.
   2. A quorum for hearing an appeal shall consist of five of the authorized, voting membership of the SCSD or Subcommittee. [Please note: special quorum requirements of some subcommittees are noted elsewhere in this document].
   3. The appeal hearing will be closed except that the appellant may be accompanied by an advisor.
   4. The appellant will present a brief (limited to 10 minutes) statement detailing his/her rationale for appeal.
   5. The Chair of the Committee/hearing officer responsible for the original decision or a member designated by the Executive Director will attend the hearing and may make statements regarding the original hearing. Any such statements will be made in the presence of the appellant and his/her advisor.
   6. No person may address the Committee without the express consent of the Chair of the Committee/Subcommittee.
6. Deliberations. The SCSD/Subcommittee will deliberate on the appeal in executive session. The Executive Director may authorize non-voting parties (such as University Counsel) to be present for deliberations. Appeal decisions of the SUSC and Subcommittee are made by a two-thirds majority vote. Absent a two thirds majority, the decision of the original hearing body shall be affirmed.
7. Authority of SCSD/Subcommittee. After deliberations, the SCSD/Subcommittee may:
   1. Affirm the action, at which time the matter will be considered final and binding upon all involved.
   2. Reverse the action taken by the original hearing body and dismiss the case.
   3. Remand the case to the original or new hearing body for a new hearing.
   4. Increase or decrease any sanctions imposed if deemed appropriate based on information presented during the appeal process.
8. Notice and Record of Decision. A decision will be communicated to the appellant and, when applicable, the Chair of the appropriate Subcommittee of the action taken within 5 days of the date the SCSD/Subcommittee has reached a decision.

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