How to appeal sexual misconduct decisions

Appeals of sexual misconduct outcomes are decided by the Vice-Chancellor. In cases of sexual misconduct either party may appeal the decision and/or the sanction.

Appeals are limited to one or more of the following bases:

  • there is new information not reasonably available at the time of the investigation or hearing that substantially alters the outcome of the case; and/or

  • the discipline process was not followed in a fundamentally fair manner; and/or

  • the disciplinary response is disproportionate to the offense.

If a student wishes to appeal a decision, such an appeal must be submitted in writing to the Process Facilitator within the Dean of Students Office within three (3) class days of the date of the outcome letter. If there is an appeal, it will be shared with the other party. The other party will have three (3) class days to submit a response in writing to the Process Facilitator. The Process Facilitator will forward the Appeal, any response from the other party, and the hearing record to the Vice Chancellor.  The Process Facilitator or designee will notify both parties of the submission of the Appeal.

Process for Reviewing an Appeal

The Vice-Chancellor may review an appeal directly or appoint a board to review the appeal.  If a board is appointed to review the appeal, the chair of that board will make a recommendation to the Vice-Chancellor for a final determination. Reviewing an appeal includes an examination of the full investigation and hearing record, the outcome, sanctions, the written appeal, and any response to the appeal.

Decision on Appeal

The Vice-Chancellor may choose to affirm the action of a dean, to affirm the decision but to change the sanction, to refer the case back to the dean and hearing panel for further consideration, or to reverse the decision. The Vice-Chancellor shall notify the parties, in writing, of the final action on the appeal within 30 days of receipt of the Appeal materials from the Process Facilitator. Where there is a need to extend the 30-day review period of the appeal, the Vice Chancellor will provide notice of the need for an extension to the involved parties, the Process Facilitator, and the Title IX Coordinator prior to the close of the initial 30-day period. The notice of extension will include the new expected date of the appeal outcome.   

Note: Students are afforded only a single appeal. Once an appeal is submitted and concluded, the disciplinary process ends and the decision is final.

Parental Notification

The University reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, change in student status, or conduct situation, particularly alcohol and other drug violations. The University may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. The University may contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk. The University also reserves the right to designate which college officials have a need to know about individual conduct reports pursuant to FERPA.

 

Updated: August 10, 2018