Occidental College
Student Handbook
Appeals
Students are responsible for knowing the following:
41. All sanctions imposed by the original conduct officer or conduct council will be in effect during the appeal.
The decision reached by a Conduct Council or a Conduct Officer may be appealed by the respondent(s) or the complainant(s). All appeals will be considered based solely on the following grounds:
The ONLY grounds for appeal are as follows:
1. A procedural or substantive error occurred that significantly impacted the outcome of the conduct conference or Council hearing (e.g. substantiated bias, material deviation from established procedures, etc.);
2. 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 original finding or sanction. A summary of this new evidence and its potential impact must be included;
In the appeal, the respondent must identify one 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 and take one of the following actions:
- Uphold the original sanctions and inform the respondent of this decision;
- Assign the appeal to a Conduct Officer or ADOS who will evaluate the appeal and make a final determination. The final outcome will be sent to the respondent in writing.
42. Appeals of Sanctions other than Suspension or Expulsion
An appeal must be in writing, sent to the Office of Student Conduct within three (3) business days of receiving notice of the sanction(s) delivered to the respondent or to the student organization's officers at the address provided by the Office of the Registrar or the College's online directory.
At its discretion, the Office of Student Conduct will assign the appeal either to another Conduct Officer or to an Associate or Assistant Dean of Students ("ADOS") designated to evaluate 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.
The Conduct Officer or ADOS designated to evaluate the appeal has the discretion to uphold the original sanctions or make changes as appropriate.
The decision made by the appellate Conduct Officer or ADOS designated to evaluate the appeal is final.
43. Appeal of Suspension or Expulsion
Any conduct determination resulting in suspension or expulsion from the College may be appealed to an Associate or Assistant Dean of Students ("ADOS") who is designated to hear the appeal.
The appeal must be in writing, addressed to the Vice President for Student Affairs/Dean of Students, and sent by e-mail or by certified mail, return receipt requested. The appeal must be received within five (5) business days after the notice of suspension or expulsion was delivered to the respondent or to the student organization's officers at the address provided by the Office of the Registrar or the College's online directory.
Appeals shall be evaluated based on information found in the (a) Conduct Officer's report, (b) the student'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 amendments.
The ADOS designated to evaluate the appeal has the discretion to uphold the original sanctions or make changes as appropriate.
The decision made by the appellate ADOS designated to evaluate the appeal is final.
Last updated July 17, 2012
- Phone: (323) 259-2969