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                               Beginning in the Fall 2005 semester,

               all appeals must be submitted with an appeal form,

                                which can be downloaded below.

 

                            (New) Appeal Form

                              

           Appellate Bodies, Appeal Requests, Appellate Review, Appeal Decisions

 

 

                                                           Appellate Bodies

                                                             (Section 15, a.)

1.Decisions of University Student Conduct Committee may be appealed to the

     Vice President of Student Affairs or other President’s designee.

 

2.Decisions of the Director for Student Conduct and Conflict Resolution or Director

    of Residential Life or Director of Campus Life (or designees) may be appealed to

    Vice President of Student Affairs or other President’s designee.

 

3.Decisions of Residential Life hearing officers may be appealed to the Vice President

    for Student Affairs or other President’s designee.

 

4.Decisions of the Interfraternity Council, National Pan-Hellenic Council, and Panhellenic

    Council Judicial Boards cases may be appealed to the Vice President for Student Affairs or

    other President’s designee.

                                                                                         

 

                                                            Appeal Requests

                                                        (Section 15, b and c.)

 

(b) All appeals must be submitted using the appeal form available from the following offices: Vice

        President for Student Affairs, Student Conduct and Conflict Resolution, and Residential Life.

        The appeal form must be submitted by the student to the appropriate appellate body (see

        Section (15) (a), Appellate Bodies ) within seven (7) calendar days of the receipt of the hearing

        decision. If a first level disciplinary action is not appealed, that decision becomes final.

 

(c)  The appeal form must state the reason(s) for appeal, the supporting facts, and the

      recommended solution.  The burden of proof rests with the student to clearly exhibit that

      an error occurred during the judicial hearing process; this is not a re-hearing of the

      judicial case. Failure to describe the nature of the evidence in full detail in the appeal

      letter will result in the denial of an appeal. Appeal considerations are limited to:

 

  1.Due process errors involving violations of a charged student’s rights (see Section (7),

       Students’ Rights) that substantially affected the outcome of the initial hearing. Appeals based on

       this consideration will be “limited solely” to a review of the record of the first-level hearing.

 

  2. New evidence, which was not available at the time of the original hearing and could not have

       been presented.  In addition, the student must show that the new evidence could have

       substantially affected the outcome. The nature of the evidence must be described in full

       detail in the appeal letter.

 

  3.The severity of the sanction is disproportionate to the nature of the offense.

 

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                                                           Appellate Review

                                                             (Section 15, d)

1.The appellate officer will review the appeal form, tape recording (if applicable) and

     documentation from the original hearing, and determine if there is a basis for appeal. If the
     appellate officer determines there is no basis for appeal, a written decision will be sent to the

     student stating appeal denial and basis for the denial.

 

2.If the appellate officer determines that there is a basis for appeal, an appellate review will

      be conducted.

 

3.The appellate review may include a meeting with the charged student and any witnesses called

     by the student or the appellate body.

 

4.The charged student may bring an advisor to this meeting. 

                                                           

                                                          Appeal Decisions

                                                            (Section 15, e.)

1. The appellate body may uphold the first-level decision.

 

2. The appellate body may remand the decision to the original hearing body for review of the

      specific information in question.

 

3. The appellate body may order a new hearing be held by a different hearing body.

 

4. The appellate body may modify any sanction(s).

 

5. The appellate decision is issued in writing to the student, within twenty-one (21) calendar

       days of receipt of the written request for appeal, unless notification is given that

       additional time is necessary for consideration of the record on appeal. 

 

6. Decisions of the appellate body reflect final agency action.

 

7. Except in the case of an interim suspension, the student’s status will remain unchanged

       during the appellate process.

 

8. Except in the case of an interim suspension, all sanctions are

      placed on hold during the appellate process.

     

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