Appeal Procedures

Appeals

The Student Code provides students the right to appeal the original decision involving their charges. Depending on the type of hearing process, administrative or Committee on Student Conduct, there are different appeals processes:

The purpose of an appeal is not to initiate a review of substantive issues of fact or for a new determination of whether a violation of college rules has occurred. A review may follow from a finding that new evidence not available at the original disposition exists but only upon remand for additional consideration by the Committee on Student Conduct or administrative review.

Administrative Misconduct Review or Disciplinary Hearing Decisions

Students who receive a disciplinary status as a result of an administrative misconduct review or discipline hearing may appeal the decision to the Office of Student Affairs. The student must file their appeal in writing with the grounds noted with the appropriate administrator, who now for the purposes of this process becomes known as the appeal officer, within five (5) working days after the administrator issues written notification of the decision. Following review of a particular case, the appeal officer may issue an outcome more or less severe than the original outcome if warranted or confirm the original outcome, or may otherwise adjust the initial disciplinary decision in the appeal’s officer’s sole discretion.

Appeals can be sought on the following two grounds:

• On a claim of error in the procedures that affected the outcome; and/or

• On a claim of new evidence, information, or material that was not available at the time of the disposition and is relevant to the case. The decision of whether there are grounds for appeal is at the sole discretion of the appeal officer.

If the Administrative Officer determines there are grounds for appeal, the appeal officer will observe the following procedures:

1. Discussing the circumstances of the case and the appeal with the student.

2. Further discussing the case and the appeal with the Administrative Officer who issued the original outcome.

3. Rendering a decision on the appeal within 30 working days from the time that the student files it, unless extenuating circumstances require delay in the appeal process.

4. Including in the decision the findings of fact on which the decision is based. The appeal officer, however, need not give detailed reasons for the decision reached or the outcome imposed.

The decisions of the appeal officer are final. 

Committee on Student Conduct Decisions

A student may appeal a Committee on Student Conduct decision in his or her case to the Office of the Provost (or designee), described hereinafter as the appeal officer. The student must file this appeal in writing, with the grounds noted, with the appropriate officer, within five (5) working days after the Office of Student Affairs issues its written notification of its decision. Appeals can be sought on the following two grounds:

• On a claim of error in the hearing procedure that affected the outcome of the hearing; and/or

• On a claim of new evidence, information or material that was not available at the time of the hearing and is relevant to the case.

The decision regarding whether there are grounds for an appeal is at the sole and final discretion of the appeal officer.

In determining whether there are grounds for an appeal, the appeal officer meets with the Chair and the Adviser to the Committee on Student Conduct to review the procedures that the Committee followed and the evidence that it considered. If the appeal officer considers it necessary, they may meet with a number of Committee members or the Committee as a whole.

If the appeal officer finds no grounds to hear an appeal, the student will be informed in writing. The appeal officer need not give detailed reasons for the decision reached.

If the appeal officer decides to there are grounds for an appeal, the student has the choice of requesting that the Committee on Student Conduct rehear the case or that the appeal officer hear the appeal.

If the Committee agrees to rehear the case, it will then decide whether to rehear the case in its entirety or to rehear portions thereof. Following the rehearing, whether in part or in full, the Committee will make a recommendation to the appeal officer, who will then determine the appropriate outcome as described above. Following review of a particular case, the appeal officer may issue an outcome more or less severe than the original outcome so warrant or confirm the original outcome, or may otherwise adjust the recommendation of the Committee in the appeal’s officer’s sole discretion. The decision of the appeal officer is final.

If the Committee refuses to rehear the case, then the case will automatically be referred back to the appeal officer to hear the appeal.

In hearing the student’s appeal, the appeal officer will utilize the following procedures:

1. Discussing the circumstances of the matter and the appeal with the student.

2. Further discussing the matter and the appeal with the Chair of the Committee on Student Conduct, where appropriate, a number of Committee members, or the Committee as a whole.

3. Rendering a decision on the appeal within 30 working days from the time that the student files it, unless extenuating circumstances require delay in the appeal process.

4. Including in the decision the findings on which the decision is based. The appeal officer, however, need not give detailed reasons for the decision reached or the status or conditions imposed.

The decisions of the appeal officer or designee are final.