Appeals Process

This Appeals Process applies to all Code of Conduct cases except for cases involving the Equal Opportunity, Harassment, and Non-discrimination Policy. The appeals process for those cases is outlined in that specific policy.

A Responding Party or Reporting Party can appeal the decision. It is important to note that the purpose of the appeals process is only to review the decision to hold a student responsible for violating the Student Code of Conduct; not the sanctions. Sanctions issued from the original decision will remain in place during the appeals process, unless the Dean of Students makes an exception due to exigent circumstances, such as an undue burden. If the decision to hold a student responsible is upheld, the sanctions remain the same. A student can only appeal once and the decision made by the appeals process will be final.

A. Grounds for Appeal

The following are the only grounds for appeal:

New facts/information: New facts/information that could potentially alter the outcome of the case became available after the decision. Failure to present facts/information available prior to the decision is not grounds for an appeal under this provision.

Insufficient facts/information: The decision was not based on substantial facts/information; that is, the Reporting Party or Responding Party believes the facts/information supporting the decision was insufficient to establish that a violation of the code of conduct occurred.

Procedural issue: The Conduct & Resolution procedures were not followed in some material respect that resulted in significant detriment to the appealing party.

B. Requesting an Appeal

If the student chooses to appeal, the student must make a request in writing to the Assistant Director of Student Conduct & Resolution within 5 business days of the date of the original decision. The request should include which grounds the student will base the appeal upon (new facts/information, insufficient facts/information, or procedural issue). Within 10 business days from the date of the request to appeal, the student must submit a written statement which includes the grounds for appeal and any documentation supporting the argument for appeal. Documentation may include witness statements, pictures, copies of electronic communication, or other relevant materials. Documents may be delivered via email as a singular electronic file or printed as a hard copy.

C. Review of an Appeal

If the original decision was rendered by the Office of Student Conduct & Resolution (Assistant Director of Student Conduct & Resolution or Director of Student Services) a student may appeal to either the Dean of Students or to the Student Conduct and Resolution Appeals Board. If the original decision was rendered by the Dean of Students, a student may appeal to the Student Conduct and Resolution Appeals Board.

1. Appeal to the Dean of Students

If a student appeals to the Dean of Students, the Dean will receive the appeal statement and accompanying documentation from the student. The Office of Student Conduct & Resolution will provide the Dean with all documentation which led to the original decision.

After reviewing all information, the Dean must first determine if the appeal meets the grounds to be heard. If the appeal does meet one of the three grounds, the Dean will then determine if it is more likely than not a student violated a Student Code of Conduct Policy.

Appeal Result and Sanctions

• If a student is found not responsible for violating the Student Code of Conduct, no sanctions will be applied.
• If a student is found responsible for violating the Student Code of Conduct, the original sanctions will remain in place.
• If the student was originally found not responsible, and through the appeal process the student is found responsible, the Dean will refer the case back to the Office of Student Conduct & Resolution to determine appropriate sanctions.

The Dean will inform the student(s) of the appeal outcome in writing and the decision will be final.

2. Appeal to the Student Conduct & Resolution Appeals Board

The Student Conduct & Resolution Appeals Board, convened by the Dean of Students, is made up of two students elected by peers (generally SSU EC Vice-President and Attorney General or other SSU EC members if necessary), two professional staff appointed by the Vice President of Administration and two faculty members appointed by the Dean of Faculty. One professional staff or faculty member will be appointed as a Chairperson. The Chairperson is a non-voting member except in the event of a tie vote.

All members of the Appeals Board will receive training on the Student Code of Conduct, Process and Procedures of the Office of Student Conduct & Resolution, and other relevant University policies prior to receiving an appeal.

Student Conduct and Resolution Appeals Board (Appeals Board) Procedures

1. Prior to receiving all written materials for the appeal, Appeals Board members will be provided the names of the Reporting Party, Responding Party, witnesses, and policy pertaining to the appeal. Any member of the Appeals Board has an obligation to withdraw from proceedings if there is a compelling conflict of interest in the appeal.
2. Prior to Appeals Board members receiving all written materials for the appeal, both the Reporting Party and the Responding Party have the right to request a member of the Board withdraw from an appeal if a conflict of interest is involved. If a student believes a member of the Appeals Board has a compelling conflict of interest and should not hear the appeal, the student must notify the Dean of Students (or the Director of Student Services in case the original decision was rendered by the Dean of Students) in writing and cite the compelling reason prior to the Board receiving the written appeal. The Dean of Students (or the Director of Student Services) and the Chairperson, if appropriate, will determine whether the conflict is compelling, and if so, will make arrangements for a replacement member to hear the case.
3. The Appeals Board will receive the student’s written appeal statement and accompanying documentation, as well as all documentation from the Office of Student Conduct & Resolution and/or the Dean of Students which led to the original decision.
4. Once the Appeals Board has received all written documentation, reasonable efforts will be made to hold the first session of the Appeals Board deliberation within fifteen (15) business days of receiving the materials. More than one meeting for deliberation may need to occur.
5. In deliberation, the Appeals Board must determine the following by a majority vote
   1. Does the material provided by the appealing party meet the criteria for an appeal (new facts information, insufficient information for original decision, or detrimental procedural issue)? If the material provided does not meet the criteria for appeal, the original decision will stand.
   2. If the Appeals Board determines by a majority vote the information provided meets the grounds for appeal, the Appeals Board must next decide by majority vote to recommend whether the original decision should be upheld or overturned.
   3. Following deliberation, the Chairperson will communicate the recommendation and rationale of the Appeals Board to the Dean of Students or the Director of Student Services, who will then inform the student(s) of the appeal outcome in writing and the decision will be final.

Appeal Result and Sanctions

• If a student is found not responsible for violating the Student Code of Conduct, no sanctions will be applied.
• If a student is found responsible for violating the Student Code of Conduct, the original sanctions will remain in place.
• If the student was originally found not responsible, and through the appeal process the student is found responsible, the Appeals Board will refer the case back to the Office of Student Conduct & Resolution to determine appropriate sanctions.

The Dean of Students or the Director of Student Services will inform the student(s) of the appeal outcome in writing and the decision will be final.