Both the complainant or respondent have the right to appeal a decision or a sanction. Appeals must be presented in writing within three business days following written notice of a decision. Appeals shall be directed to the Vice President for Student Affairs (or designee) as identified in the decision letter sent to both the complainant and respondent after the hearing board has decided on the code of conduct violations. An appeal may be sought on the following grounds:
A. That a fundamental error occurred in the hearing procedures that unreasonably interfered with the respondent’s or complainant’s rights. Such claims must be specifically described in the appeal letter.
B. That new evidence or information germane to the case and not available at the time of the hearing has been uncovered. This evidence must be clearly presented in the appeal letter.
C. That the sanction imposed was unjust, unreasonable, or inappropriate. The letter must clearly explain the reasoning for this appeal.
D. That the decision was contrary to the evidence presented. A detailed explanation must be provided in the appeal letter.
An appeal is not a new hearing but is a review of the records from the original hearing. An appeal may be dismissed if not sought on proper grounds. After review, the appeal agent may decide to: (a) uphold the original decision in full; (b) modify the stipulations attached to a sanction, or (c) remand the case back to the original hearing entity for reconsideration. The original sanctions and stipulations remain in effect during the appeal process. However, the appeal agent has the authority, under extenuating circumstances, to defer the imposed sanctions and stipulations while an appeal is in process. All decisions regarding appeals shall be communicated in writing to both parties.