codeappeals

Code of Conduct

X.   REQUEST FOR RECONSIDERATION (APPEALS)

In cases of disciplinary violations where students feel they were unjustly sanctioned, they may appeal to the appropriate University official.  Appeals must be in writing, and within ten (10) calendar days of the initial adjudication. The date of mailing will constitute the first day.  If the tenth day is a Saturday, Sunday, or a holiday, the final day for appeal will be the next day that the University is open for business.  Failure to appeal within the allotted time will render the original decision final and conclusive.

In cases that do not involve a suspension, expulsion, or residence hall removal, appeals are made to the Dean of Student Life.  Any disciplinary determination resulting in suspension, expulsion, or residence hall removal must be appealed to the Vice President for Student Affairs and Student Success.  Appeals are limited to evidence or arguments that were raised at the disciplinary hearing. 

All written requests must be based upon, and must clearly show, one or more of the following conditions:

• 1. Errors in procedure or interpretation of University regulations were sosubstantial as to effectively deny the student a fair hearing.

 

• 2. The sanction assigned was grossly disproportionate to the offense.

 

• 3.    New and significant evidence, which could not have been presented by diligent preparation at the initial hearing, is now available.

 

 The appealing officer shall limit his/her inquiry to the issues stipulated in the written request for reconsideration and will then determine whether or not to uphold, modify, or delete the decision of the original hearing or order a new hearing.  The action of requesting reconsideration does not, in any case, automatically stop disciplinary action.  However, upon request, a temporary  stay may be granted pending further consideration of a request. The decision to grant a temporary stay rests with the University.

If the appealing officer decides to meet with the appealing student and/or organization before reaching a decision, the student/organization may then request the right to present evidence through oral testimony or written statements pertaining only to the issues upon which the request for reconsideration was based. If the student wants to have an advisor present at his/her request for reconsideration, he/she must so inform the appropriate appeal office, at least two (2) school days prior to the scheduled discussion.  The discussion is informal and no record will be made.

A decision on the written request for reconsideration or the discussion meeting will be held within ten (10) days of the receipt of the written request or discussion meeting, or as soon thereafter as practicable. The decision of the appealing officer will be confirmed in writing to the student. 

A disciplinary sanction is effective upon (and implemented by) mailing a letter explaining the decision to the last known local address when school is in session, or a permanent address between semesters and during any session in which the student is not enrolled.  A copy of the letter will be placed in the University judicial file.  All appropriate University offices and personnel will be notified when necessary for sanction implementation.