Appeals

Student Conduct Appeal Policies and Procedures

Please note that there are different appeal policies and procedures for general student conduct cases from those falling under the Sexual Misconduct Policy. Please refer to the policy and forms that apply to your situation. 

  • Appeal Policy

    Note: Consult The Key Student Handbook for the official and most up-to-date policies. 

    POLICY:  

    A respondent may appeal the outcome of their student conduct case consistent with the following procedures:

    1. Filing an Appeal

    To file an appeal request, an appellant must complete and submit a Student Conduct Request for Appeal Form along with a required written statement, found online at:

    a. After having their case heard and decided by the appropriate board or university official, a student respondent may appeal an outcome in their case. Requests for an appeal must be submitted within five (5) business days from the date written notification of an outcome was sent to the student by completing a Student Conduct Request for Appeal Form. All supplemental documentation and the student statement must be submitted as one submission using the online form.  

    b. The submitted appeal must contain specific reference to the basis of appeal consistent with the Reasons for Appeal section (10.3).

    c. Substantial credible evidence citing the specific error claimed in the initial hearing must be presented. If the grounds for an appeal assert a procedural irregularity, existence of new evidence, or conflict of interest/bias defined in Reasons for Appeal (10.3), the appellant bears the burden of establishing by a preponderance of evidence that the outcome of the matter was affected.

    d. There is one appeal proceeding per case. Case officers, hearing officers, and the university complainant all have the right to review the appellant’s appeal submission and the opportunity to provide a supplemental statement and/or documentation as part of the appeal process. Any supplemental information from other parties must be submitted within three (3) business days of receiving notification of the appeal request to receive consideration.

    e. An appeal is not a new hearing but is a review of the records from the original hearing. 

    f. The imposition of sanctions will be stayed while the appeal process is pending except in cases of interim suspension. However, the Dean of Students may, under extenuating circumstances, continue the sanctions imposed while an appeal is in process. The Appeals Board/Officer will have the right to modify the original sanction start or end dates based on the length of the appeal process and in accordance with the original sanction imposed.

    g. If the appeal is not timely or substantively eligible, the request will not be accepted for consideration, and the original finding and sanction will stand as final.

    2. Appeal Process

    a. Appeal Authorities

    1) In matters related to the appeal of a formal hearing, or in cases resulting in the suspension or dismissal of a student, or at the discretion of the Dean of Students, the appeal will be heard by an Appeals Board. The Appeals Board will consist of 2-3 representatives from the University Conduct Board who were not involved in the original hearing, with the Dean of Students acting as the ex-officio Appeals Officer. The Appeals Board will review the request for appeal to determine the merits of the stated basis for appeal.

    2) In all other appeal matters, the Dean of Students or designee, will serve as the sole Appeals Officer. 

    b. If the request for appeal is accepted, the case will be reviewed by the Appeals Board/Officer for consideration on the stated reasons of appeal. If the request for appeal does not establish the existence of at least one of the reasons for appeal that is stated in the Reasons for Appeal section, the appeal will be denied, and the original outcome shall stand.

    c. If the appeal is accepted for further review, the Appeals Board/Officer shall consider the appeal based solely on the record, request for appeal, and supplemental statement and/or documentation provided by the opposing party, case officer or hearing authority involved in the case. The role of the Appeals Board/Officer is not to reweigh the evidence and will confine their review to only the cited reasons for the appeal. The Appeals Board/Officer will then reach a decision and inform the appellant in writing.

    d. During the summer months and/or break periods (e.g., May through August), if a request for appeal is submitted, the Dean of Students shall serve as the appeal authority for all level of appeals. When appropriate and based on availability, the Dean of Students will involve the Appeals Board to review appeals occurring during break periods.

    e. In instances when the Dean of Students is involved in a student conduct decision or a conflict of interest exists, the Vice President for Enrollment Management and Student Affairs or designee, will act in place of the Dean of Students as part of the appeals process.

    3. Reasons For Appeal 

    a. A procedural irregularity under the University policy or procedures that affected the hearing outcome.

    b. New evidence that was not reasonably available through the exercise of reasonable diligence at the time of the hearing that could affect the outcome of the matter.

    c. The hearing authority member(s)/hearing officer had a conflict of interest or bias for or against an individual party that affected the outcome of the matter.

    d. The disciplinary sanction imposed was grossly disproportionate based on the charged violation and past conduct record. Students who accept the imposed sanctions at their preliminary briefing and/or waive their right to appeal are not eligible to appeal an imposed sanction.

    4. Decisions of Appeal

    After reviewing all evidence presented in the appeal, the appeal authority shall decide to do one of the following and inform the appellant, in writing, within five (5) business days:

    a. Uphold the previous decision.

    b. Overrule the previous decision and modify the outcome or dismiss the case based solely on the submission of the appeal.

    c. Overrule the previous decision and remand the case back to the board or hearing officer of original jurisdiction for rehearing to correct a procedural or factual defect.

    d. Affirm or modify the imposed sanction.

    5. Notification of Outcome

    a. Decisions on the appeal will be issued within fourteen (14) business days, absent extenuating circumstances.

    b. Decisions by the Appeals Board/Officer are final and cannot be appealed further.

  • Request for Appeal Form

    To submit a request for appeal, complete the Student Conduct Request for Appeal Form. Please review the appeals policy before submitting it.