29|Page 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 exofficio 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 of 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.
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