VIII. Appeals Procedures
Students sanctioned for violations of this Code may make one appeal. Cases resulting in suspension or expulsion are appealed to the Vice President. Cases not resulting in suspension or expulsion are appealed to the Dean of Students unless the Dean of Students serves as the hearing officer. In those circumstances, appeals are made to the Vice President.
8.1 Deadline for Appeals
An appeal of any conduct process decision regarding a student, except suspension or expulsion, must be made in writing within ten (10) business days following the date the sanction notice was sent to the student. When it is necessary to utilize US Postal Services, students will be allowed twenty-one (21) business days from the date of the letter to submit an appeal. The Dean of Students may grant an extension in extenuating circumstances. The University reserves the right, however, to reduce the time allowed for student appeal in cases that may have the potential to result in harm to persons and/or property. The reduced time for appeal will be stipulated in the decision letter, along with the rationale for allowing reduced time.
An appeal of any conduct process decision resulting in a student’s suspension or expulsion or a finding that a student organization violated the Code must be made within one year of receipt of final notice of the decision and sanction. A student complainant, a respondent, or a member of an affected student organization may bring an appeal. A student or student organization who appeals under this paragraph shall have their appeal heard by a DSU administrator or body that did not make the initial decision and may be represented by an a DSU appointed advisor/advocate. If either party wishes to utilize a non-DSU advisor/advocate/attorney, that is done at the party’s expense. An appeal brought under this paragraph may raise issues including new evidence, contradictory evidence, and evidence that the student or student organization was not afforded due process. The remainder of this appeal procedures section shall continue to apply to the extent that it does not conflict with the provisions for an appeal brought under this paragraph.
8.2 Appeal Letters
Appeals must be written by the student and shall contain the student’s name, date of the decision or action, and reason(s) for the appeal. Appeals may be submitted based upon the following: (a) severity of sanction not consistent with the severity of the offense; (b) the decision was made in an arbitrary or capricious manner; (c) the finding that the Code was violated was not substantiated by the evidence; and/or (d) the student’s rights were violated.
The appeal letter must specifically state why the appeal is being made, referencing one or more of the above prongs, and must specify which rights were violated.
8.3 Emergency Provisions
A properly filed notice of appeal may result in the imposed sanctions temporarily being suspended, until the appeal is decided upon. However, the Vice President has the authority to enforce sanctions during the appeals process to protect persons and/or property. Such decisions will be addressed in the decision letter.
8.4 Review
The appeal officer will review the written letter of appeal from the student and materials from the original hearing. In reviewing the appropriateness of sanctions, the student’s entire conduct file may be considered. After reviewing these materials, the appeals officer may decide to do one of the following: (a) issue a decision based solely on the review; (b) recall one or more witnesses; or (c) return the case to the original hearing officer for presentation of new evidence and reconsideration of the decision and/or sanctions.
8.5 Decision/Sanction
Upon review of the appeal, the decision/sanctions may be lessened, but cannot be increased. The decision will be made in a prompt and timely manner after receipt of the appeal.
8.6 Rehearing Requests for Cases Resulting in Suspension or Expulsion
Any student who is suspended or expelled has the right to request a reconsideration of the case based on new or contradictory evidence that was not available at the time of the original decision, and/or evidence that the student was not afforded due to process as outlined in this Code. A request for reconsideration of the case should be submitted to the Vice President, in writing, within one (1) year of receipt of the decision to suspend or expel. Information that may be considered may include police reports, transcripts of legal proceedings, and the outcome of any civil or criminal proceedings directly related to the appeal.