Part 12.
Note: For cases involving sexual assault, stalking, gender-related harassment, dating or domestic violence, or other prohibited conduct as defined in the sexual harassment, abuse, and assault prevention policy, see part 10 for an overview of the process.
12.1 Decisions of the respective Boards are effective immediately unless a written notice of intention to appeal has been received by Community Standards within one business day after the confirmed decision is made available.
12.2 Appeals must be based on one or more of the following:
a. New information not reasonably available at the time of the original hearing, the absence of which can be shown to have had a detrimental impact on the outcome of the hearing.
b. Procedural error that can be shown to have had a detrimental impact on the outcome of the hearing.
c. Errors in the interpretation of University policy so substantial as to deny either party a fair hearing.
d. Grossly inappropriate sanction having no reasonable relationship to the charges.
12.3 Either party may appeal the decision of the University Conduct Board or administrative hearing officer in writing within three (3) business days after the written decision is made available or new information is discovered that was not reasonably available at the time of the conduct hearing. All appeals must be authored and signed by the submitting party. Appeal submissions must not be more than ten (10) pages, double-spaced, using 12-point font and 1-inch margins (not including attachments). An appeal by one party will be forwarded by Community Standards to the other party. Extensions for appeals may be requested in the event there are extenuating circumstances. The Director in Community Standards will review the request and will approve or deny the request. If the request for an extension is granted both parties will be notified and have the same extension. Appeals submitted late, or produced by procedural advisors or other non-parties will not be considered by the University Appeals Board.
12.4 When an appeal has been filed, the other party will be permitted to respond in writing, specifically addressing the issues raised in the appeal, within three (3) business days after the appeal has been made available. Responsive submissions must not be more than ten (10) pages, double-spaced, using 12-point font and 1-inch margins (not including attachments.) Any responsive document will be forwarded by Community Standards to the appealing party.
12.5 The University Appeals Board is comprised of three (3) members who may be students, faculty, staff, or external professionals, as determined by Community Standards. The University Appeals Board has authority to hear appeals of decisions from any lower non-academic conduct Board that meet the criteria set forth in Part 12.2. In addition, the University Appeals Board has authority to review the decision rendered by any hearing officer described within these procedures. The University Appeals Board is advised by the Director of Community Standards if they have not been involved in the original hearing, or by a designee of the Dean of Students.
12.6 The University Appeals Board will determine whether the prescribed criteria for appeals have been met and what process, if any, will be required to resolve the case. The Board may re-hear cases or limit the hearing to the specific issues outlined in the appeal, depending on the nature of the case. The University Appeals Board may uphold the decision, change the decisions, alter sanctions, impose new sanctions or return cases to a University Conduct Board or hearing officer. The University Appeals Board may impose sanctions up to and including expulsion from the University and may design educational and/or remedial sanctions appropriate to a given case.
12.7 Findings of fact will be accepted as determined by the University Conduct Board or hearing officer, unless the appellate body determines that the original Board or hearing officer acted in an arbitrary, capricious, or unfair manner.
12.8 The University Appeals Board will make a decision based on the written submissions within five (5) business days after all written submissions are received, or indicate in writing what further process is necessary for final resolution.
12.9 Decisions of the University Appeals Board will be final when reviewed and confirmed by the Senior Vice President for the Student Experience (SVP), or a designee. The SVP for the Student Experience, or a designee, as appropriate, may interview any participant in an earlier proceeding, change the decision, alter the sanction up or down, or return the case to the University Appeals Board or another hearing Board for further process. Decisions of the SVP for the Student Experience, or a designee, are final. Review and confirmation by the SVP for the Student Experience, or a designee, will be made within three (3) business days after the decision of the University Appeals Board is complete. Parties will be informed of the outcome of any appeals only upon confirmation by the Senior Vice President for the Student Experience, or a designee.