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Section XII: Appeals Procedures

A. Timeline for Appeal. The Respondent must submit a written appeal specifying the ground(s) for appeal and the reasoning supporting the grounds to the Vice President for Student Affairs within five working days of receiving written notice from the Director of CVRP /designee. The Vice President can grant reasonable extensions for good cause.

B. Grounds for Appeal. Appeals are limited to the following grounds:

1. The judgment and/or sanction/educational measures violate university discrimination policy;

2. Violation of rights provided in the Code in Sec. V.A.;

3. Procedural error that significantly affected the outcome of the proceeding;

4. Insufficient information to support the finding of responsibility;

5. Excessive or inappropriate sanction; or

6. New or potentially exculpatory evidence discovered after the proceeding that is not merely corroborative and could not have been discovered by due diligence.

C. Appeals of Permanent Dismissal: The Director will forward appeals of Permanent Dismissal to the Vice President for a complete review and do not require review by the Appeals Committee.

D. Grounds for Appeal of Early Resolutions

1. For Level I violations resolved via Early Resolution, the Respondent cannot appeal the violation or the sanctions issued; however, the Respondent will retain the option of requesting a grade review in accordance with the policies established in the relevant Academic Catalog.

2. For Level II violations resolved via Early Resolution, the Respondent can submit an appeal limited to the sanctions issued. The Respondent also can request a grade review in accordance with the policies established in the relevant Academic Catalog.

3. Appeals of Council Resolutions. Respondents can appeal the outcome of their case on the bases and according to the procedures established in this section. The Director will refer all appeals of honor cases automatically to the Appeals Committee. If the Committee finds the appeal merits further review, the Committee will refer it to the Vice President for review. The Vice President’s decision is final and cannot be appealed further.

E. Appeals Procedures

1. Upon receipt of a properly filed and timely appeal, the Vice President for Student Affairs will send the Respondent the list of Appeals Committee members and instructions that the Respondent can raise objections to any particular member of the Committee who the Respondent believes has a conflict of interest to review the case. The Respondent will be required to state the reason for conflict of interest with specificity, and the Vice President will determine whether there is indeed a conflict that would prevent the member from fairly reviewing the appeal.

2. The Vice President will promptly notify the Appeals Committee members of the name of the Respondent, the Reporting Party and material witnesses in order to permit the members to recuse themselves from serving on the panel if the member has a real or apparent conflict of interest.

3. The Vice President will appoint a four-member panel, composed of one faculty member, one administrator, and two students from the Respondent’s academic unit, to review the student’s appeal. Should temporary Appeals Committee members be required, the Vice President can make the necessary appointments.

4. The Appeals panel will review the Respondent’s appeal letter, the case file, and any other records it deems advisable.

5. The panel will render its decision within five working days from the time the Respondent submitted the appeal unless the Vice President authorizes a reasonable extension for good cause.

6. The Appeals panel will determine whether the Respondent has made a claim that has potential merit, and if so, the panel will submit its brief rationale to the Vice President to be included among the materials for review.

7. If the Appeals panel finds “no merit,” the appeal will be denied, and this decision will be final, and no further appeal can be submitted.

F. Vice President for Student Affairs Review

1. The Vice President for Student Affairs (VPSA) can order a new proceeding take place if the VPSA finds the matter can be corrected via a new proceeding. The VPSA has discretion to order that the new proceeding take place before a new panel if the VPSA concludes that the previous panel cannot re-consider the matter fairly.

2. If the VPSA finds that the sanctions imposed are excessive or inappropriate, or not permitted by law or university policy, the VPSA can lessen the sanctions as appropriate.

3. If the VPSA concludes that a re-consideration via a new proceeding cannot remedy the issue, the VPSA can dismiss the case.

4. The decision of the VPSA is considered final, and no further appeal can be submitted.