Section VIII. Appeals of Student Conduct Actions
A. Right of Appeal. Only the student found responsible for a conduct violation (the Respondent) has the right of appeal, except in conduct cases involving “crimes of violence." [24] In such cases, the Reporting Party also has the right to appeal the outcome of a conduct proceeding.
B. Timeline and Form of Appeal
1. The Respondent must submit an appeal to the Director of CVRP within five working days following written notification of the decision.
2. A Reporting Party who wishes to appeal a conduct action of alleged hazing or a crime of violence must submit an appeal to the Director of CVRP within five working days following written notification of the decision.
3. All appeals must be in writing and must clearly cite the grounds for the appeal and the evidence supporting it. Any request for appeal should describe, as thoroughly and precisely as possible, the ground for appeal and the basis for the request. Appeals normally will be limited to a review of applicable records. The administrator reviewing the appeal can request to speak with any party regarding the appeal; the purpose of such communications will be to gather information relevant to the appeal request, not to rehear the matter.
C. Grounds for Appeal1. The Respondent may appeal Informal Resolutions only on the ground of an excessive or inappropriate sanction.
2. Students may appeal Administrative Conferences or Panels on the following grounds:
a. Procedural irregularity. Procedural or technical deviations found to be severe enough to have denied the Respondent a fair proceeding.
b. Discrimination in the proceeding on a basis prohibited by university policy which caused an unfair proceeding.
c. Lack of sufficient evidence to support the decision.
d. New material evidence that is not merely corroborative or repetitive, unknown by the student at the time of the proceeding and pertinent to the case.
e. An excessive or inappropriate sanction.
3. Notice to Reporting Party. The Director/designee will provide the reporting party reporting a "crime of violence" or hazing prompt notice of any appeal received by the Respondent.
4. Appeals by the Reporting Party.
a. A party alleging a “crime of violence” or hazing may appeal a sanction(s) on one or more of the following four grounds. The Reporting Party may appeal a “not responsible” finding on any of the first three grounds.
i. Procedural irregularity. Procedural or technical deviations severe enough to have denied the Reporting Party a fair proceeding.
ii. Discrimination on a basis prohibited by university policy that caused an unfair proceeding.
iii. New material evidence that is not merely corroborative or repetitive, unknown to the Reporting Party at the time of the proceeding and pertinent to the case.
iv. A sanction that is too lenient or inappropriate. (This ground is not available if the Respondent was found “not responsible.”)
b. In preparation for a possible appeal, the Reporting Party in a reported case of crime of violence may review the case file in the presence of the Director/designee.
D. Procedures for Appeal by the Respondent
1. Appellate Review Bodies
a. The Appeals Committee reviews appeals for cases in which the primary sanction issued is Deferred Disciplinary Suspension, Disciplinary Suspension, or Permanent Dismissal.
i. Upon receipt of a timely appeal, the Vice President for Student Affairs will convene a committee comprised of four members of the Appeals Committee, one administrator, one faculty member, and two students (from the academic unit of the respondent), to hear the appeal.
b. The Dean of Students/designee considers all other appeals.
2. Appellate Outcomes
a. Appeals to the Dean of Students
i. The Dean may decide one of the following:
a) There is no basis for the appeal. The Dean then dismisses the appeal, and the original decision stands.
b) An incorrect finding of responsibility was reached. The Dean/designee then dismisses the case and vacates the findings.
c) The sanction administered is excessive or inappropriate. The Dean/designee then determines a sanction that is fair with respect to precedent and the facts and circumstances of the case. The Dean/designee will not increase the level of the sanction.
b. Reviews by the Appeals Committee
i. The Committee may decide one of the following:
a) The appeal is without merit. The decision regarding lack of merit is final and the appeal is dismissed.
b) The appeal has merit. The Committee may find:
i. The finding of responsibility should be reviewed and/or
ii. The sanction should be reviewed.
c. If the Committee finds that the appeal has merit, the Vice President for Student Affairs (VPSA) or designee will review the appeal. The VPSA or designee may:
i. Reverse a finding of responsibility and dismiss the case;
ii. Order a new proceeding before a panel/administrator;
iii. Modify the sanction to one that is fair to the facts and circumstances of the case (the VPSA or designee will not increase the level of the sanction); and/or
iv. Uphold the decision(s) of the original decision-maker.
3. Continued Enrollment During Appeal
a. If the sanction appealed includes suspension or dismissal from the university, the student will not take part in any university function except scheduled classes while the appeal is pending without the written permission from the Director of CVRP. Where appropriate, the Director also may restrict the student from parts of the campus or specific functions or activities during the appeal period.
b. In those cases where the Director determines that the continued presence of the student constitutes a risk to the educational process, to the student, or to the safety of others, the Director may prohibit the student from attending classes until the appeal is complete.
E. Procedures for Appeal by the Reporting Party
1. The Appeals Committee decides appeals submitted by the Reporting Party.
2. When the Appeals Committee determines that a Reporting Party’s appeal regarding a “not responsible” finding has merit, the committee will deem the results of the first proceeding void and order a new proceeding using the original resolution method. When the committee determines that a Reporting Party’s appeal regarding sanctions has merit, the committee will forward the case to the Vice President for Student Affairs (VPSA) or designee who may modify the sanction to one that is fair to the facts and circumstances of the case or uphold the decision(s) of the original decision-maker. The VPSA/designee may increase the level of the sanction.
F. Notification and Access to Record During Appeal
1. The individual or committee reviewing an appeal will have access to the full case record and may invite the appealing party to make a personal appearance to discuss the appeal. In such instances, the Case Administrator or the Chair of the student conduct committee whose decision is being appealed may also be invited to be present to respond to the appeal.
2. The student and the administrator or board that heard the original case will receive written notification of the decision regarding the appeal, including the reasons for the decision if appropriate. The record maintained by CVRP will include a copy of the appeal findings and all correspondence.
[24] As currently defined in Section 16 of Title 18 of the U.S. Code
