Below are overviews of the different appeals processes that are part of the Student Conduct Process. Complete appeal procedures can be found in the Student Conduct System Handbook.
Appeals processes are based on the type of resolution process a student is involved in. Below are the three different appeals processes that are part of the Student Conduct Process:
- Resolution by Agreement Appeals
- Formal Hearing Appeals (Non-Title IX)
- Title IX Formal Hearing Appeals
Please review carefully to learn more about the process that is correct for your case. The appeals process will also be explained in any outcome letter from Community Standards. If there are any questions, please contact our office at 315.443.3728 or email studentconduct@syr.edu.
Resolution by Agreement Appeals
Resolution by Agreement outcomes are when a mutual decision is agreed upon by a student and a conduct officer, as outlined in Part 7 of the Student Conduct System Handbook, which states:
7.7 A student(s)/organization(s) may request that a resolution by agreement be reconsidered within five (5) business days of resolving their case. After five (5) days, the resolution by agreement is considered final. Requests for reconsideration submitted within five (5) business days shall be reviewed by the Director of Community Standards or designee.
The Director or designee may modify or uphold the original decision of the conduct officer, or refer the matter for a formal hearing as appropriate. Decisions of the Director of Community Standards or designee are considered final unless the matter is referred to for a formal hearing.
Submit a Petition to Reconsider
Formal Hearing Appeals (Non-Title IX)
A student who resolves their case through a formal hearing with the University Conduct Board or Administrative Hearing Officer has the right to appeal any outcome through the appeals process outlined in Part 10 of the Student Conduct System Handbook, which states:
10. 1 Decisions of the University Conduct Board or Administrative Hearing Officer are effective immediately, unless a written notice of intention to appeal has been received by Community Standards within two (2) business days after the decision is made available.
10.2 Appeals must be based on one or more of the following:
- New information is provided that was not reasonably available at the time of the original hearing.
- Procedural error that can be shown to have had a detrimental impact on the outcome of the hearing.
- Grossly inappropriate sanction having no reasonable relationship to the charges.
10.3 The Respondent may appeal the decision of the University Conduct Board or Administrative Hearing Officer in writing within five (5) business days after the written decision is made available. Extensions for appeals may be granted at the discretion of the Director of Community Standards or designee in the event there are extenuating circumstances. All appeals must be authored and submitted by the Respondent. Appeal submissions must not be more than two (2) pages per ground for appeal. Submissions which are not authored and submitted by the Respondent, and/or exceed the page requirement may be dismissed by the Associate Vice President and Dean of Students, or designee, at their discretion.
Attachments which support the arguments made in the appeal and are relevant to the case at hand do not count toward the page requirement, but may not exceed ten (10) pages. Character statements/evidence shall not be considered in the appeals process.
Appeals submitted to Community Standards will be reviewed by the Associate Vice President and Dean of Students, or designee, to determine if the Respondent’s narrative supports the selected ground(s) for appeal listed in Part 10.2. The Associate Vice President and Dean of Students, or designee, may conduct an initial review of the arguments made in an appeal submission as well as any supporting documentation provided to determine if the submission articulates facts or information that would meet one of the valid grounds for appeal.
If the appeal is timely and contains sufficient information, it will be forwarded to the University Appeals Board within five (5) business days of the Associate Vice President or designee’s review. Referring an appeal to the University Appeals Board does not indicate that the appeal will be granted, only that it will be reviewed.
If the appeal is late, does not comply with the prescribed page count noted above, or does not contain sufficient information, it will be dismissed and will not be reviewed by the University Appeals Board.
A student will be notified of the dismissal of an appeal. If an appeal is dismissed, the original decision will be considered final and there will be no further opportunity for appeal.
10.4 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 non-academic Conduct Board, as well as any Administrative Hearing Officer described in these procedures. The University Appeals Board is advised by the Director of Community Standards if the director has not been involved in the original hearing, or by a designee.
10.5 The University Appeals Board may affirm the decision, modify the decision, reduce the sanction, or return the case to a University Conduct Board/Administrative Hearing Officer for further process. If the University Appeals Board believes the sanction imposed is insufficient in light of the misconduct at issue in the case, it shall return the case to the University Conduct Board/Administrative Hearing Officer for reconsideration of sanction(s).
10.6 The University Appeals Board will make a decision based on the written submissions within five (5) business days of the University Appeals Board meeting to review the appeal.
10.7 Decisions of the University Appeals Board will be final when reviewed and confirmed by the Senior Vice President and Chief Student Experience Officer (SVP), or designee. The SVP, or designee, may interview any participant in an earlier proceeding, modify the decision, alter the sanctions imposed, or return the case to the University Appeals Board or another hearing Board for further process. Decisions of the SVP, or designee, are final and no further University review is permitted. Review and confirmation by the SVP, or designee, will be made within five (5) business days after the decision of the University Appeals Board is communicated.
Submit a Formal Hearing Appeal
Title IX Formal Hearing Appeals
Title IX-related cases (i.e. cases involving allegations of sexual harassment, assault, dating or domestic violence, and/or stalking behaviors) allow for either party (Complainant or Respondent) to appeal any outcome from a formal hearing process as outlined in Part 3 of the Student Title IX Process and Procedures Handbook, which states:
Any party may appeal the decision of a hearing board or officer on one or more of the following grounds:
- Procedural irregularity that affected the outcome of the matter;
- New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
- The Title IX Officer, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter; or
- Errors in the interpretation of University policy so substantial as to deny either party a fair hearing; or
- Grossly inappropriate sanction having no reasonable relationship to the charges.
Appeals are limited to ten (10) pages in length and must be received by OCS no later than five (5) business days after transmission of the hearing board or officer decision. Late appeals will not be considered. When an appeal is submitted, OCS will notify the non- appealing party in writing and provide an opportunity to submit a response to the appeal within five (5) business days.
Appeals will be decided by an appeals board who will be faculty or staff from the University, or external professionals, as determined in the sole discretion of OCS. Any individuals deciding appeals will be different from the Title IX Coordinator, the investigators, and those serving on the hearing board or as hearing officer and will be trained and free from conflicts of interest or bias for or against either party (see section on Training and Conflict/Bias Prevention below). The name(s) of the appeal board members will be provided to the parties and the parties will be allowed to challenge their appointment on the basis of conflict of interest or bias. The appeals board may interview parties, witnesses, investigators, or the hearing board or officer. The appeal officer may be advised by OCS staff and/or an attorney.
Appeals boards will objectively consider all relevant evidence and the case file to either uphold, reverse, or modify the decision at issue. Appeals boards can order new hearings, request further investigation, or take any other steps to address the issues raised by the parties on appeal. Appeals boards will issue written decisions simultaneously to all parties within fifteen (15) business days of receiving the appeal and response (if any).
The determination regarding responsibility becomes final either on the date that the University provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
University Conduct System proceedings, including interviews, meetings, hearings, and deliberations, are confidential and closed to persons not directly related to the case. The results of University conduct cases are held confidential in accordance with applicable law and University policy. The University reserves the right to correct any misinformation with regard to a University conduct case that may be circulated in the media when the well- being of the community so requires.