Appeal
The Complainant or the Respondent may file an appeal if they disagrees with the decision rendered by the Student Conduct Officer (SCO).
If you are considering filing an appeal the following information may be helpful to you. For the full Appeal process please refer to the Student Code of Conduct Article IV(D)(1-6).
Time-Sensitive:
An appeal must be submitted within five (5) working days of the Student Conduct Officer’s (SCO) decision, excluding Saturday, Sunday, and Holidays.
Appeals may be submitted to the VCSA either in writing using the appropriate appeal form and must be delivered to the Office of the Vice Chancellor of Student Affairs (C Building, C 237), or submitted through the online appeal form.
Refers to Article IV(D)(1)
Appeal Submitted:
The Vice Chancellor of Student Affairs, or their designee, will either serve as the Appellate Officer or assign a trained Appellate Officer to the case.
Refers to Article IV(D)(2)
Authority of the Appellate Officer:
The Appellate Officer shall have the sole authority to determine whether or not an appeal warrants further review.
Refers to Article IV(D)(2)
Notification to the Non-Appealing Party:
A copy of the appeal will be provided to the non-appealing party to allow the party, allowing them to respond. If they chose to respond, they will have five (5 ) working days, excluding Saturday, Sunday, and Holidays, to submit a response to the appeal. If no response is submitted, the Appellate Officer shall make a final determination based solely on the information provided by the appealing party.
The Student Conduct Officer (SCO) will provide relevant case information including the incident report to support the appellate review.
Refers to Article IV(D)(3)
Four Basis to Appeal:
The Appellate Officer shall consider the basis for the appeal and make a determination on the issue presented that fairly addresses the alleged appeal issue ONLY.
The four reasons are:
a. There was a material deviation from the written procedures that substantially jeopardized the fairness of the process; or
b. There was new information that was unknown or unavailable at the time of the meeting, would have resulted in a substantially different outcome; or
c. There was a demonstrable bias by the SCO (this option is only available in cases where there is a digital recording of the SCO’s meeting and it is available to review); or
d. The sanction was substantially disproportionate to the severity of the violation, given the facts and relevant information.
Refers to Article IV(D)(4)(a-d)
Appeal Acceptance or Denial:
Denial: If an appeal is denied the matter shall be considered final and binding upon all parties involved. There will be no further review.
Accepted: If an appeal is granted the Appellate Officer shall consider the four basis for appeal and decide on one or more of the following actions:
a. Assign to another SCO and re-notice the student in accordance with the procedures (start the whole grievance process over).
b. Consider the new information presented and make the final determination of responsibility.
c. Issue appropriate sanctions that are consistent and proportionate to the severity of the violation.
The Appellate Officer may request written clarification from the parties or involved faculty or staff (investigators, previous decision maker) to make a determination regarding the appeal request.
The decision of the Appellate Officer (or the SCO assigned by the Appellate Officer for an appellate purpose) under any circumstances listed above, shall be final and binding upon all involved parties.
Refers to Article IV(D)(6) and Article IV(D)(5)(a-c)
Process
Appeal Submitted: The VCSA will either assigns an Appellate Officer or shall serve as the Appellate Officer.
A copy of the appeal given to the non-appealing party to respond and provide information. The SCO will provide information including the incident report to the Appellate Officer.
Decision: The Appellate Officer shall consider the basis for the appeal and make a determination on the issue presented that fairly addresses the alleged appeal issue ONLY.
Four Basis to Appeal:
1. A material deviation from the procedure that substantially jeopardized the fairness of the process
2. New information that was unknown or unavailable at the time would have resulted in a substantially different outcome.
3. A demonstrable bias by the SCO (only if the meeting is recorded).
4. The sanction was substantially disproportionate to the severity of the violation.
No Review/Appeal Denied: If the appeal does not warrant a further review based on the 4 reason to appeal, the appeal is denied. The case is closed and the decision of the Appellate Officer shall be FINAL and BINDING.
Both the Complainant and the Respondent are notified via email regarding the appeal and the reason for the denial.
Review/Appeal Granted: If the appeal warrants a further review based on the 4 basis to appeal, the appeal is granted.
The Appellate Officer will either:
1. assign another SCO & re-notice the Respondent. The whole grievance process starts over.
2. consider the new information & make a final determination of responsibility and/or impose sanction(s).
3. have another SCO reviews the information & make a determination on responsibility and/or impose sanction(s).
4. issue appropriate sanction(s) that are proportionate to the severity of the violation.
The decision of the Appellate Officer (or the SCO assigned by the Appellate Officer for an appellate purpose) under any circumstances listed above, shall be final and binding upon all involved parties.