Responsible Office: Student Development
Policy Administrator: VP for Student Development
Scope: |Student

Approved By: VP/Provost

Approved Date: 7/1/2017

Effective Date: 7/1/2017

Category: Student

Description/Purpose:

Appeal Hearing process

Procedures:

If the request for an Appeal Hearing is accepted for review, the Hearing Officer handling the Appeal Hearing will request the accused student and the complainant (if applicable) set an appointment within two days of receipt of Appeal Hearing approval.

The Hearing Officer will review the written record of the hearing and all supporting document.

The exception will be made as required in cases where:

• new information unavailable at the time of the Incident Review Hearing is the basis for the Appeal Hearing.
• full rehearing of the incident is warranted, as determined by the Associate Dean of Students (or designee) and/or the Title IX Coordinator (if applicable).

The Hearing Officer will render a finding in writing or in some cases will determine if additional investigation is needed.

The Hearing Officer will make a finding based on the preponderance of the evidence (whether a policy violation is more likely than not). The student found in violation will be notified in writing of the finding and the sanctions.

The Hearing Officer will share findings and update the accusing party on the status of the investigation and the outcome.

Details:

A request for an appeal may be considered for one or more of the following reasons:

1. to consider new information which was unavailable at the time of the original hearing that could be outcome determinative;
2. to assess whether a material deviation from written procedures resulted in an unfair outcome of the hearing;
3. to assess whether substantiated bias on the part of an investigator, Hearing Officer deprived the process of impartiality;
4. to determine whether a sanction is outside the typical range of sanctions for this type of offense.

A request for an Appeal Hearing must be made in writing within 3 working days of receipt of the decision. All requests for an Appeal Hearing should be delivered to the Associate Dean of Students, 232 Padua Hall. The Associate Dean of Students (or designee) will review the request for an Appeal Hearing and determine if grounds exist. In instances where the Associate Dean of Students has served as the original hearing officer, the Vice President of Student Development will review the request for an Appeal hearing and determine if grounds exist. The student requesting the Appeal Hearing will be notified in writing of the decision from the Associate Dean of Student (or designee) on granting an Appeal Hearing. The decision on granting the Appeal Hearing is final.

If the Associate Dean of Students or the Vice President for Student Development (or designee) determines that a request for Appeal Hearing is eligible to be reviewed, the complaint may be returned to the original Hearing Officer for reconsideration; In rare instance a full rehearing of the incident may be needed, in such cases, a new Hearing Officer will be appointed by the Associate Dean of Students or the Vice President for Student Development. Please note, if an appeal request is granted the Hearing Officer has the option to support or change a decision and/or increase, decrease or modify a sanction.