Code of Conduct - Appeals
A student or student organization has the right to appeal action taken by a Hearing Board or
Administrative Hearing Officer. The complainant in cases of sexual harassment, sexual assault, dating
violence, domestic violence, and stalking also has a right to appeal action taken by a Hearing Board or
Administrative Hearing Officer. An appeal does not provide for a second hearing of the case, but
addresses one or more issues as outlined below under Grounds for Appeal
Grounds for Appeal
Grounds for Appeal: Upon the specific request of the student/organization and complainants in cases of
sexual assault, sexual harassment, dating violence, domestic violence, and stalking, as indicated in the
appeal document, the Appeal Authority shall review the decision of the Hearing Board or Administrative
Hearing Officer to determine:
a. whether the hearing process was conducted fairly and in accordance with prescribed procedures;
b. whether there is new evidence or relevant information, not available at the time of the original
hearing, which may alter the Hearing Authority's findings;
c. whether the University regulations alleged to have been violated were properly interpreted or applied
by the Hearing Authority;
d. whether the sanction imposed was proportionate to the gravity of the misconduct.
Appeal Authority
1.
Unless an interim suspension is imposed, a student shall continue matriculation until the student's
case is fully processed through University procedures, including any appeals.
2.
Decisions rendered by an Administrative Hearing Officer and decisions rendered by a Hearing
Board that do not result in separation from the University may be appealed to the Assistant Vice
President for Student Affairs. The Assistant Vice President for Student Affairs will designate an alternate
appeal officer in the event the Assistant Vice President for Student Affairs is unable to consider the case.
3.
Decisions rendered by a Hearing Board which result in sanctions of separation from the University
may be appealed to an Appeal Board. The Appeal Board will consist of one Chairperson, one faculty/staff
representative, and one student representative from the Hearing Board roster. No one who served on
the Hearing Board for a given case shall also serve on the Appeal Board for that case.
4.
The purpose of the Appeal Board is to examine the referral information and the record of the
original hearing board proceeding to determine whether or not procedural errors occurred. The Appeal
Board has no authority to rehear the matter or to suggest changes to sanctions imposed.
5.
The Director of the Office of Student Conduct, or designee, has general authority, as required by
circumstances, to name Appeal Board members.
Appeal Procedures
1. To appeal the decision of a Hearing Authority, the student/organization or complainant (in cases of
sexual harassment, sexual assault, dating violence, domestic violence, and stalking) must file, in writing,
the reasons for seeking modification of the hearing decision. This document must be filed with the Office
of Student Conduct within five business days of receipt of the notification of the hearing decision.
2. The Director of The Office of Student Conduct, or designee, will prepare a written response to the
student's/organization's or complainant's (in cases of sexual harassment, sexual assault, dating violence,
domestic violence, and stalking) appeal for the Appeal Authority.
3. The appeal documents, the Conduct Administrator’s response, and all records from the hearing will
be provided to the Appeal Authority for review.
4. If the Appeal Authority determines that none of the grounds for appeal have been substantiated, the
appeal is denied. This decision shall be final and all sanctions determined by the Hearing Authority will
be enacted.
5. The Assistant Vice President for Student Affairs , as Appeal Authority, may affirm the Hearing
Authority's decision, reduce the sanction determined by the Hearing Authority, dismiss some or all of the
violations, or remand the case for a new hearing. The Assistant Vice President may not increase the
severity of the sanction as a result of the student's/organization's appeal. The decision of the Assistant
Vice President for Student Affairs is final. The student/organization ( and complainants in the case of
victims of sexual harassment, sexual assault, dating violence, domestic violence, and stalking) will be
notified of the Assistant Vice President’s decision in writing or via the students’ or student’s representative
in organization SRU email address. The Assistant Vice President for Student Affairs will return the records
to the Office of Student Conduct, where all records are maintained.
6. If an Appeal Board determines that there are grounds for appeal, the case shall be referred to the
Vice President for Student Affairs.
7. The Vice President for Student Affairs will review the record of the hearing and the referral
information to determine the appropriate action.
8. The Vice President for Student Affairs may affirm the Hearing Board decision, reduce the sanction
determined by the Hearing Board, dismiss some or all of the alleged violations, or remand the case for a
new hearing. The Vice President for Student Life may not increase the severity of the sanction as a
result of the student's/organization's appeal.
9. The decision of the Vice President for Student Affairs is final. The student/organization and the
complainant in cases of sexual harassment, sexual assault, dating violence, domestic violence, and
stalking will be notified of the Vice President's decision in writing. The Vice President will return the case
records to the Office of Student Conduct where all violations/records are maintained.