Appeals

A decision reached by the Committee or a sanction imposed by the Dean of Student Services or designee may be appealed by accused students or complainants to the President within five (5) working days of the decision. Such appeals shall be in writing and shall be delivered to the President and copy to the Dean of Student Services or designee.

Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:

a. To determine whether the original hearing was conducted fairly in light of the charges and evidence presented and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present evidence that the Student Code of Conduct was violated, and giving the accused student a reasonable opportunity to prepare and to present a rebuttal of those allegations.

b. To determine whether the decision reached regarding the accused student was based on a preponderance of the evidence, that is, whether the facts in the case were sufficient to establish that a violation of the Student Code of Conduct occurred.

c. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code of Conduct that the student was found to have committed.

d. To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because the person appealing did not know such evidence and/or facts at the time of the original hearing.

In cases involving appeals by students’ accused of violating the Student Code of Conduct, review of the sanction by the President may not result in more severe sanctions for the accused student. Instead, following the appeal, the President may, upon review of the case, affirm or reduce, but not increase, the sanctions imposed by the Dean of Student Services or designee. The decision of the President shall be final and binding.