OFFICE OF COMMUNITY STANDARDS AND STUDENT CONDUCT

Code of Conduct

Section XII - Appeals

The appellate process is designed to ensure the integrity of the deliberations and decisions of the university hearing panel(s) and/or the decisions of a conduct officer.

A. A student participating in a conduct conference due to a Category "A" violation or a Health and Wellness Conference may appeal the outcome of the conference to the director or designee. The appellate decision of the director or designee will be final.
B. A student who has participated in a conduct conference with the director or designee, a CRP hearing, or an AIHP hearing (where a non-academic sanction was imposed), may appeal the decision to the University Appeals Panel (UAP). The appellate decision of the UAP is final.
C. In all cases, a detailed, written appeal must be submitted within five business days after the date of the conference or hearing decision has been made. The appeal must be in writing and delivered to the Office of Community Standards and Student Conduct.. The director or designee is responsible for processing all appeals as described in this code.
D. A student may request an appeal on one or more of the following grounds:
1. The student has been deprived of his or her rights as defined herein.
2. The facts appear to be insufficient to establish the violation.
3. The sanction(s) imposed by the officer/body of original jurisdiction was not justified by the nature of the offense.
4. To consider new evidence, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.

The appeal should state in plain and simple language that the decision is being appealed. An appeal also should describe, in plain and simple language, each error of procedure or fact allegedly made by the conduct officer or hearing panel and the facts that support the student’s assertion that an error was made.

In cases appealed to the director or designee, he/she may request such submissions or oral arguments as deemed necessary to render a decision. The appellate decisions of the director or designee, as well as the UAP are final.

In cases referred to the UAP, the panel examines the hearing or other records to determine whether the procedures employed were proper, whether the decision is adequately supported by the documents, testimony, or other evidence, or the propriety of any sanction imposed, or new evidence presented. The UAP may approve the decision of the hearing panel or director or designee, return the matter to the panel or director or designee for further action. If the UAP finds no substantive error(s) that would have changed the original decision of the panel or director, the decision shall stand.

The appellate process differs from that of the hearing. The UAP does not hear testimony from witnesses; consider documents or other evidence not previously considered by the hearing body unless the appeal is based upon the discovery of new information and/or evidence. The Appeals Board may, however, permit the student who has appealed and the conduct officer to make oral arguments and answer questions posed by the board. Furthermore, after oral arguments and questioning are complete, the UAP will meet in closed session to review records, including any tapes or transcripts, and to determine whether the procedural and substantive decisions made were proper. If no procedural or substantive errors were made which would have significantly affected the outcome of the hearing, the decision of the hearing panel will be upheld.

If, however, there were procedural or substantive errors significantly affecting the outcome of the hearing, the UAP may remand the case to the hearing panel or director or designee for appropriate action, or dismiss the complaint against the student. The findings of the UAP will be mailed to the student within five business days of the date of the decision. The decision(s) of the UAP is final.

 <- Previous

Next -> 

3640 Colonel Glenn Highway - Dayton, Ohio - 45435