Students are responsible for knowing the following:
37. All sanctions imposed by the by the Office of Student Conduct will be in effect during the appeal.
The outcome may be appealed by the respondent(s). Appeals must be received within five business days of the outcome by the Office of Student Conduct. All appeals will be considered based solely on the following grounds:
The ONLY grounds for appeal are as follows:
- A procedural or substantive error occurred that could substantially impact the outcome of the conduct conference or Council hearing (e.g. substantiated bias, material deviation from established procedures, etc.). The respondent must identify the error and explain the potential impact in their appeal;
- To consider new evidence that could not have been discovered at the time of the original conduct conference or Council hearing, that could substantially impact the outcome of the conduct conference or Council hearing. This new evidence, the reasons why it could not have been discovered by the time of the conduct meeting, and an explanation of its potential impact must be included.
In the appeal, the respondent must identify one or more of the grounds listed above along with an explanation as to why the Office of Student Conduct representative should consider this request. The Office of Student Conduct will not process appeals that do not follow these instructions. Once the Office receives the complete appeal statement, the Office will review this document to determine if it has standing. If the Office determines the appeal does not have standing, then the original decision is final.
If the Office of Student Conduct determines that new evidence should be considered, it will return the complaint to the original conduct council or conduct officer to reconsider in light of the new evidence, only. The reconsideration of the hearing body is not appealable.
If the appeals officer determines that a material procedural or substantive error occurred, it may return the complaint to the original hearing body or conduct officer with instructions to reconvene to cure the error. In rare cases, where the procedural or substantive error cannot be cured by the original conduct officers (as in cases of bias), the appeals officers may order a new hearing or conference on the complaint with a new body of hearing or conduct officers. The results of a reconvened hearing or conference cannot be appealed. The results of a new hearing or conference can be appealed, once, on the applicable grounds for appeals.
Appeals shall be evaluated based on information found in (a) the student's or organization's file, (b) the student's or organization's written comments, and (c) any additional documentation prepared by College officials relating to the case. All materials considered for the appeal shall be subject to inspection, in accordance with the Family Educational Rights and Privacy Act and its subsequent amendments.
Sanctions can be increased, decreased, or remain the same based on the outcome of the appeals process.
Last updated January 16, 2014
- Phone: (323) 259-2969