Appeal for Review Process

A decision of an administrative hearing, the Integrity Code Board or of the Student Honor court may only be reviewed by the Dean of Students, or his or her designee, on request of any party to the hearing, or on the Dean's initiative, subject to the following guidelines:

A. The appeal for review must be in writing and must be filed with the Dean within seven working days after the date shown on the sanction letter. An appeal for review filed later than seven working days after this date is untimely and is not heard unless it is based on new evidence unobtainable at the time of the original hearing. Time for appeal may be increased at the discretion of the Dean if such request is made within the seven day period. There is no prescribed form for an appeal for review, but it must be sufficient, lucid, and detailed to allow the Dean to understand the nature of the petition and, without a hearing or oral argument, to act upon it.

B. The only grounds for consideration of appeal for review are: 1) procedural error that unfairly and/or materially affected the outcome of the case; 2) action has been taken that is arbitrary, unreasonable or unsupported by substantial evidence; 3) newly discovered evidence emerges that was not obtainable at the time of the original hearing; or 4) severity of the sanction is disproportionate to the sanctions given for comparable offenses.

C. The Dean may, at his or her discretion, hold an informal review conference. He or she determines the form or procedure for such a review conference.

D. The review process is not a new hearing. It is limited to a review of the record and decision, and new evidence is considered only if it is relevant and only if it was unobtainable at the time of the original hearing.

E. If, in the Dean's judgment, a decision is based in procedural error; is unreasonable, arbitrary or not supported by substantial evidence; or there exists significant, newly discovered evidence that was unobtainable at the time of the hearing, then the appeal is sustained.

F. In cases where the appeal for review is sustained, the Dean may: 1) dismiss the charges; 2) reduce or modify, but not increase the severity of the sanction; 3) return the case to the Integrity Code Board, the Student Honor Court, or the  Associate Dean of Students for further directed consideration.

G. The Dean will send a copy of the appeal for review and of the outcome of the appeal to all persons who heard the case.