Disciplinary Process: Appeals
Generally
Only an individual who has been suspended or expelled as the result of disciplinary action has the right to appeal. It is the responsibility of the body of original jurisdiction to inform the disciplined student of the right to appeal and to whom the appeal should be presented. Disciplinary sanctions imposed through institutional hearings do not become effective until the sanctions assessed by the judicial body have been approved by the appropriate authority. It is not the function of the appeals process to permit a rehearing of the factual issues presented to the adjudicating body, but rather it is to ensure that the disciplinary procedure has been implemented fairly and consistently with these rules.
Time Limitations
An appeal must be submitted, in writing to the judicial coordinator, within forty-eight (48) hours of receipt by the respondent of the approving authority’s decision to affirm the sanction.
Grounds for Appeal
The appeal must specify grounds which would justify consideration. General dissatisfaction with the outcome of the decision shall not be accorded as a basis for consideration of an appeal. The only basis for considering an appeal are the presentation of facts by the appellant which support to show:
1. an error in procedural due process by the body of original jurisdiction which prejudiced the disciplined student to the extent that he/she was denied a fundamentally fair hearing as a result of the error, or
2. the emergence of new evidence which could not have been previously discovered by the exercise of due diligence and which, had it been presented at the initial hearing, would have substantially affected the original decision of the adjudicating body.
Appellate Procedure
The appellate body shall make an initial determination as to whether or not sufficient grounds for appeal, based on the standards enunciated above, have been alleged. Appeals which do not allege sufficient grounds shall be denied consideration and dismissed. Appeals which do allege sufficient grounds will be accepted for consideration. The appellate body shall not conduct a de novo hearing (a re-hearing), but will consider only the record made by the adjudicating body. The appellate body may, at its own discretion, permit written or oral statements from the concerned parties in interest at the time the appeal is considered.
Action by Appellate Body
The alternatives available to the appellate body are:
1. the recommended sanction may be affirmed;
2. the decision may be reversed (overruled); or
3. the case may be returned to the original judicial body for reconsideration of the sanction(s) only (a finding of responsibility will not be reconsidered).
Authority of the President
The president of the University retains final authority on all campus matters, including disciplinary decisions. Therefore, any disciplinary action is subject to final review by the president of the University.
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Student Judicial Board
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Application packets for the 2012-2013 Student Judicial Board will become available on March 23, 2012. Check back for additional information.
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Traffic Citation Appeals
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| Student traffic citation appeals are heard by the Court of Traffic Appeals. Please visit the Student Government Association web site for full information. Appeals may be made by visiting the SGA website, and decisions may be reviewed online as well. |
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Faculty Information
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Information about Judicial Affairs referrals regarding behavioral and academic matters. Download MS Word template for Academic Misconduct Memo from Faculty. |
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"There are no degrees of honesty. You are either honest or you're not." Anonymous |
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Mediation
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What is mediation? |
| Mediation is a process in which a neutral third party (mediator) facilitates the discussion and identification of issues between the disputants, the development of alternate solutions, and the negotiation of a mutually satisfying outcome to the dispute. |
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"Training Peer Mediators in the College and University Setting: A Trainer's Guide" by Rick Olshak |
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