Terms
and Definitions
Suspension
Workshop Participation
Special Notation to Students
Notification of Disciplinary Actions
and Decisions
Appeals
Process
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APPEALS
PROCESS
A student may be entitled to an appeal, if he/she did not receive due process
within the disciplinary hearing, if there is new evidence, facts, and/or
witnesses being presented, and only if the decision of the disciplinary
board was to suspend the student from the University. A
decision of the judicial board or administrative functionary may be appealed
for one or more of the following reasons:
- Substantial
violation of the hearing procedure. If
the appeal is based on substantial violation of the hearing
procedure, the following should be noted: Citation of
specific procedural errors, reason(s)
why procedural error was not mentioned in the original
hearing, and reason(s)
why correction of error can contribute to a decision
other than the one originally made;
- New
evidence, witnesses or facts. If
the appeal is based on new facts, the following must
be included: A description of new evidence, name(s) of
person(s) who can present
this evidence (if any), or reasons why the evidence was
not discussed at the original hearing, and reason(s)
why the evidence can contribute to a decision other than
that which was originally made;
-
Insufficient
Information. The
decision reached was based on information that was not
sufficient to establish that the student violated the
Code of Conduct.
-
Sanction. A
claim that the sanction imposed was inappropriate for the
Code violation.
The
student’s letter of appeal must clearly state the grounds for
requesting the appeal and include pertinent information that
will assist the designated University official or judicial
body in
determining whether an appeal is warranted. The
date of the request and the student’s signature must also be
visible and legible within the letter requesting the appeal.
FILING
AN APPEAL
The student can only appeal a suspension or expulsion sanction rendered by
the disciplinary board. All
appeals must be submitted in writing to the Vice Provost for Student Life within
24 hours after the student has received notification of a decision of suspension
rendered in their particular case. The
appeal request must state the specific grounds on which he/she should be granted
an appeal as described in the previous section. The
appeal request must also be clear and specific, as the Vice Provost may decide
whether to grant an appeal based solely on the written request of the student.
After the letter
of appeal has been received, the Vice Provost for Student Life
will determine whether there are grounds to grant an appeal and
notify the student of the decision within forty-eight (48) hours
after receipt of the student’s request. If a conference is needed
to consider the matter further, the notice shall include the time
and place at which the student is to be present.
The
decision of the Vice Provost for Student Life is final, except
in those cases involving expulsion from the University. In cases
involving expulsion, the student may appeal the sanction to the
President of the University, in writing, with a copy to the Vice
Provost within twenty-four (24) hours of receipt of the decision
of the Vice Provost. Appeal requests of this nature must also be
typewritten. The President is not obligated to confer with the
student, and may choose to review only the written information
in making a decision.
The
sanction of suspension imposed by the judicial board does not become
effective until all available appeals have been exhausted by the
student within the time periods designated for appeals. An
exception occurs when, in the determination of the Vice Provost
for Student Life, the student’s continued presence on campus constitutes
a clear and present danger to the students and/or others in the
University community. In
such instances, the student will be asked to leave the campus;
however, his/her rights to request an appeal within the designated
time periods shall not be compromised.
If a student chooses not
to request an appeal, the decision of the Student Life Disciplinary
Committee is final. Further, if a student does not request an appeal
within the specified time period, the decision of the Student Life
Disciplinary Committee is final. It is, therefore, imperative that
the student abides by the stipulations of his/her
sanction.
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