Appeal Process

Where the respondent is found responsible for a violation of this Code that may lead to a sanction less serious than suspension or expulsion, the student can appeal in writing to the Vice President of Student Affairs and/or his designee within three (3) business days of receipt of the hearing panel’s determination. The student will have the right to request a final review based on any of the following grounds:

  1. A sanction that is substantially disproportionate to the severity of the violation.
  2. A material deviation from written procedures that jeopardized the fairness of the process.
  3. A demonstrable bias by a member(s) of the hearing panel.
  4. New information, unavailable at the time of the hearing that could be outcome determinative.
  5. In the case of suspension or expulsion, the student can appeal in writing to the Vice President of Student Affairs and/or his designee within three (3) business days of the receipt of the hearing panel’s determination.
  6. In the case of suspension or expulsion, the student will not be permitted to be on campus or attend classes pending the outcome of the appeal unless implementation of the sanction is delayed by the Vice President of Student Affairs and/or his designee due to extraordinary circumstances.

The request for review of an appeal will be considered by the Vice President of Student Affairs and/or his designee to determine whether grounds for an appeal exist. The student will have the right to request an appeal based on any of the following grounds:

  1. A sanction that is (substantially) disproportionate to the severity of the violation.
  2. A material deviation from written procedures that jeopardized the fairness of the process.
  3. A demonstrable bias by a member(s) of the board.
  4. New information, unavailable at the time of the hearing that could be outcome determinative.

The Vice President of Student Affairs and/or designee will review the written request for an appeal within five (5) business days of receipt to determine whether there is sufficient basis to grant an appeal. If so, he/she will proceed to hear the appeal, or return the complaint to the original hearing body for reconsideration or rehearing in light of the basis for the appeal.

  1. If the Vice President of Student Affairs and/or his designee determines that there is not a sufficient basis to change the decision of the hearing officer, the student will be notified in writing within five (5) business days.
  2. Appeals are deferential to the original hearing determination, and are not intended as a rehearing. If the Vice President of Student Affairs and/or his designee hears the appeal, he/she may determine that there is a sufficient basis to change the determination of the hearing panel if there is clear error or compelling justification, only. If so, he/she may reverse, sustain or modify the decision, or change the sanction. Normally, appeals involve a review of the hearing record and appeal request. At the discretion of the Vice President of Student Affairs and/or his designee, the parties, witnesses or written documentation may be interviewed/reviewed as necessary to assure fairness.
  3. The decision of the Vice President of Student Affairs and/or his/her designee will be final.