5.0 Appeals

A respondent may appeal any ruling issued pursuant to Appropriate Hearing Procedure. The student may appeal a finding of misconduct, the sanction, or both. Additionally, in cases involving charges of sexual misconduct (Section 3.6), stalking (Section 3.3) or domestic violence (Section 3.6), the reporting party also will have a right to appeal a decision that is adverse to the reporting party.

The student shall complete an Appeals Hearing Request Form, which is available in the Compliance & Judicial Affairs office. The completed form must be submitted to the Associate Vice Chancellor of Student Services and the Compliance & Judicial Affairs office within 7 working days of notification of an adverse disciplinary decision from the Student Conduct Appellate Board or the hearing officer. The written appeal must state the specific grounds in support of the appeal and must provide argument in support of reversal or modification of the decision. No new evidence may be submitted, unless the evidence was not reasonably available at the time of the hearing despite the exercise of diligence by the student. The student must provide a copy of the appeal to the Dean or Compliance Officer or designee. The Dean or Compliance Officer or designee may submit a written response within 7 working days of receipt of the appeal. The Dean or Compliance Officer or designee must provide a copy of the written response to the student. The Associate Vice Chancellor of Student Services shall determine whether oral argument is needed. If the Associate Vice Chancellor determines that oral argument is needed, then the Associate Vice Chancellor shall notify the student and the Dean or Compliance Officer or designee of the time, date and location of the argument.

The appeal shall be based on the hearing record developed at the first level. The Associate Vice Chancellor of Student Services shall communicate his or her decision within 15 working days of the student’s request for the appeal. If the Associate Vice Chancellor of Student Services is unavailable for any reason to hear the appeal, the Associate Vice Chancellor shall designate an impartial administrator to hear the appeal. A timely appeal to the Associate Vice Chancellor suspends the imposition of the sanction but other interim action may be taken as authorized by this Code.

The Associate Vice Chancellor of Student Services or designee may reject, accept or modify the ruling from the Appellate Board or hearing officer. The decision of the Associate Vice Chancellor or designee from an appeal based on Hearing Procedure B is final and non-appealable. The decision of the Associate Vice Chancellor or designee from an appeal based on Hearing Procedure A may be appealed to the Provost or designee. The student must file the appeal within 7 working days of receipt of the Associate Vice Chancellor or designee’s decision. The written appeal must state the specific grounds in support of the appeal and must provide argument in support of reversal or modification of the Associate Vice Chancellor or designee’s decision. No new evidence may be submitted. The student must provide a copy of the appeal to the Dean or Compliance Officer or designee. The Dean or Compliance Officer or designee may submit a written response within seven working days of receipt of the appeal. The Dean or Compliance Officer or designee must provide a copy of the written response to the student. No oral argument will be provided. The Provost shall communicate his or her decision in writing within 20 working days of the Provost’s receipt of the appeal.