Appeals

Either a complainant or a respondent may appeal a determination made by a conduct officer or UCB hearing panel. An appeal is filed by submitting it to the Office of Community Standards within five business days of the date of issuance of a conduct officer(s) or UCB panel's written decision using the form located below.  A properly filed and timely appeal will generally stay any sanction(s) levied unless doing so would be inconsistent with the institution’s Title IX obligations and/or it is determined by the Office of Community Standards that this action would present an unreasonable danger to any person or property or be disruptive to the University’s living/learning environment.  The non-appealing party may respond in writing to the appeal within five days of the filing of the appeal with the Office of Community Standards.

A student filing an appeal will receive confirmation of the appeal request and the status of any sanctions issued. Following acknowledgement of the appeal, the student’s conduct file will be forwarded to the appropriate reviewer.

Appeals of Conduct Reviews and Conduct Conferences are considered by the Dean of Well-Being and Healthy Living or her/his designee. Appeals of Conduct Conferences resulting in suspension are considered by the Dean of Well-Being and Healthy Living and a conduct officer who did not originally hear the matter being appealed.

Appeals of UCB Hearings are considered by the University Conduct Appeals Board (UCAB) consisting of three members of the UCB who did not originally hear the matter being appealed.

The Office of Community Standards and/or its designee shall have the opportunity to provide a written response to the appeal request. The response may include information the Office of Community Standards and/or its designee regards as relevant to the appeal, including information used in making its determination.

Appeal processes are "document only" procedures and no students or support persons are present when an appeal is being considered.  The appeals officer or UCAB will consider information reviewed at the original conduct meeting or hearing, information submitted by the parties within the five day appeal and response periods referenced above, and the findings of the conduct officer or UCB hearing panel.  The UCAB panel will also consider the audio record of the UCB hearing. The bases upon which an appeal may be considered are limited to the following:

  1. Severity of sanction:  Is the sanction(s) imposed appropriate for the violation found?
  2. Insufficient information:  Is the determination supported by a preponderance of the information presented?  That is, were the facts in the case sufficient to establish that "it is more likely than not" that a violation occurred?  In making such a determination, the UCAB shall not substitute its judgment for that of the panel below.  It will review the determination made below only to evaluate whether there is sufficient information in the record to support the determination made.
  3. Improper procedure:  Was the original hearing conducted fairly?  Did all parties have a reasonable opportunity to prepare and present information and to challenge any information presented?
  4. New information:  Is new relevant information available that was not reasonably available at the time of hearing, and that would more likely than not have an impact on the determination?

The appeals officer or UCAB may deny the appeal (leaving the determination of responsibility and any sanction levied below in place) or it may grant the appeal in whole or in part.  The appeals officer or UCAB shall issue Findings of Fact in support of its determination.

The appeals officer or UCAB may take the following actions after considering an appeal:

  1. Remand the matter to the original conduct officer(s) or panel to be reheard in whole or part. 
  2. Affirm the original decision and sanction(s).
  3. Reverse the original decision and sanction(s).
  4. Affirm or reverse the original decision in part and/or alter the sanction(s) which could increase or decrease the severity of the sanction(s).

A notification of the decision regarding the appeal will be made to the party who filled the appeal in person, by phone, or to the appellant’s University e-mail address or mailing address.  In cases of violence or sexual misconduct, the complainant will also be notified of the decision regarding the appeal.  Notification will be made in conformance with privacy laws, including FERPA.  The appeal decision shall be rendered within fifteen days of the filing of the written appeal.  The decision of the appeals officer or UCAB is final and effective immediately upon issuance of the written decision on appeal.

Click here for the Appeals Form.

Last updated 12/21/15