VI. APPEAL PROCEDURES INVOLVING STUDENT RESPONDENTS
Either party may appeal the determination of responsibility or sanction(s) by the External Adjudicator in writing to the Vice President for Student Affairs/Dean of Students or its designee. The appeal must be filed within 10 business days of receiving the written notice of outcome.
Dissatisfaction with the outcome of the hearing is not grounds for appeal. The limited grounds for appeal are as follows:
A. Improper Hearing Procedure.
The party may appeal if the procedures outlined in the Policy are violated. The Vice President/Dean of Students shall consider:
- Whether provisions of the Policy were violated in such a clear manner as to deny the appealing party consideration of the party’s position during the hearing; and
- Consideration of the party’s position would have led to a different finding concerning the alleged violation of the Policy.
B. New Evidence.
During the standard hearing process, sufficient time is allowed to gather all available evidence. However, in extraordinary circumstancesa party may appeal if new evidence becomes available. The Vice President/Dean of Students shall consider:
- Whether the evidence was genuinely unavailable and could not have been made available through the appellant’s diligent efforts at the time of the original hearing; and
- Whether the evidence would have led to a different conclusion had it been available.
C. Sanctions.
The sanctions imposed were grossly disproportionate to the violation committed.
Requests for appeal and responses to the same shall not exceed 5,000 words (approximately 20 pages double-spaced). Non- conforming submissions will not be considered beyond the first 20 pages. Late submissions will not be accepted. The appeal shall consist of a plain, concise, and complete written statement outlining the grounds for the appeal. Upon receipt of an appeal, the Vice President/Dean of Students will notify and provide a copy of the appeal to the other party. That party shall then have an opportunity to respond in writing to the appeal; any response must be submitted within five (5) business days from receipt of the appeal.
The appeal consideration will be conducted in an impartial manner by the Vice President/Dean of Students. In any request foran appeal, the burden of proof lies with the party requesting the appeal, as the original determination and sanction are presumed to have been decided reasonably and appropriately. The appeal is not anew review of the underlying matter.
The Vice President/Dean of Students shall consider the merits of an appeal only on the basis of the three (3) grounds for appeal and supporting information provided in the written request for appeal and the record of the original hearing. The Vice President/Dean of Students can affirm the original findings, alter the findings, and/or alter the sanctions, depending on the basis of the requested appeal.
If the appeal is granted based on procedural error(s) that materially affected the outcome of the hearing, the Vice President/Dean of Students will return the case to the External Adjudicator for additional review or forward the case for a new hearing, which may beheard by an alternate External Adjudicator if the Dean of Students finds that to be appropriate.
In the case of new and relevant information, the Vice President/Dean of Students can recommend that the case be returned to the original adjudicator to assess the weight and effect of the new information and render a determination after considering the new facts.
Absent extenuating circumstances, the Vice President/Dean of Students will simultaneously and in writing communicate the result of the appeal to the Complainant and Respondent within 20 business days from the date of the submission of all appeal documents by both parties. Appeal decisions are final.
The parties will receive notice of any delay of written notice of any appeal decision. Any sanctions imposed shall remain in effect while the appeal is being considered. In cases where the appeal results in reinstatement to the College or of privileges, all reasonable attempts will be made to restore the individual to their prior status, recognizing that some opportunities lost may be irretrievable.
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