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Appeals: Frequently Asked Questions

The following information is provided in an attempt to clarify information in the University of Illinois at Urbana-Champaign Disciplinary Procedures. Please be advised that the Disciplinary Procedures will be the controlling document and any apparent conflicting information will defer to those procedures and not the FAQs.

What are the grounds for filing an appeal of a disciplinary decision?

The criteria for appeal are outlined in the student disciplinary procedures document. In short, the criteria are:

1. The hearing was not conducted fairly in light of the charges against the respondent and that information was 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.

Who do I file my appeal with?

All appeal requests should be routed to:

Executive Director of the Senate Committee on Student Discipline
300 Student Services Building
610 E. John Street
Champaign, IL 61820

An appeal must be a formal letter of appeal with your signature. Appeals requests are not accepted verbally or informally.

What needs to be included in the written appeal?

The Notice of Appeal must contain at least the:

1. specific grounds for appeal,
2. specific relief requested, and
3. the appellant's reasons in support of the relief requested.

Failure to clearly identify and support these three minimal standards may result in a denial of the appeal due to improper filing.

How much time do I have to file an appeal? Can I request an extension?

All appeals are due within five business days of the decision letter of the original hearing body. Brief extensions may be granted if good cause is shown that the appeal deadline cannot reasonably be met.

Can my attorney or parents write the appeal for me?

No. All appeals must be written and signed by the respondent in the original hearing.

What happens to the sanctions while my appeal is still being processed?

All sanction decisions are held in abeyance until the appeals process has been exhausted. The original hearing body retains the authority to enforce certain provisions that involve health and safety concerns, such as no trespass notices and no contact directives.

Who will hear my appeal?

Decisions made by a Disciplinary Officer that are not of record, and all decisions of the Director of Registered Student Organizations and the Residence Hall Judicial Council will be heard by the Executive Director of the Senate Committee on Student Discipline. All decisions of the Executive Director and decisions of Disciplinary Officers where the sanctions are of record will be heard by the appropriate Subcommittee on Student Conduct. All decisions of the Subcommittees are heard by the Senate Committee on Student Discipline.

Will there be a formal appeal hearing?

Appeals to the Executive Director will not result in formal appeal hearings. However, the Executive director may conduct interviews with involved parties, including the appellant, in making his/her decision. Appeals to a Subcommittee or to the Senate Committee will be addressed by a formal hearing and appellants will be invited to participate in the hearing.

How is a formal appeal hearing conducted?

Appellants will be permitted to make a statement of no more than ten minutes describing their rationale for the appeal and the specific relief requested. The Disciplinary Officer or a representative of the original hearing body will also be invited to make less than a ten minute statement outlining the rationale for the original decision. The appeal committee may ask questions of the appellant and the disciplinary officer/committee representative. The appeals committee will deliberate in closed session to make their appeals decision.

What are the possible outcomes of an appeal decision?

The appeals body 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, or
4. increase or decrease any sanctions imposed if deemed appropriate based on information presented during the appeal process.

How likely is it that my appeal will be granted?

Appellants often ask this question of staff and it is impossible to answer it. Appeals bodies will not be conducting new hearings and will not substitute their judgment for that of the original hearing body. The discipline process is designed to be fair and educational, but it is not infallible. Respondents who believe that one of the criteria for appeal has been substantially met should appeal. The burden is on the appealing party to make a compelling argument that the disciplinary decision was not fundamentally fair. Appeal decisions made by committee will be made by a two-thirds vote.

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