100 Campus Center Student Center Seaside CA 93955 Phone: (831) 582-3378 Fax: (831) 582-3523 Application to Appeal a Conduct Decision Date: Name: On-Campus Address: Phone Number: CSUMB Email Address: If you choose to appeal the results of a conduct decision, you must submit this application and a written appeal to Student Housing & Residential Life. The application and appeal must be received by Student Housing & Residential Life within 5 university business days from the date the decision is sent by the hearing officer (attachment via email to studenthousing@csumb.edu or drop off at Student Housing & Residential Life, located in the Student Center). Only the student appealing the conduct decision may submit an appeal. Once received, the appeal will be forward to an appropriate Appeals Officer (Live-in Professional staff member, Associate Director of Student Housing & Residential Life, or Director of Student Housing & Residential Life). Conduct decisions may be appealed on the following grounds: New relevant information has come forward which was unavailable for presentation at the time of the original conduct conference Specific information to support the allegation that the decision is not consistent with the nature of the policy violation or incident Specific facts to support the allegation that the decision was prejudiced with respect to facts of the conduct case and individuals involved Please read the following statements and initial on the corresponding line I have read and understand the appropriate grounds for appealing a conduct decision I have read and understand the Guidelines for Submitting an Appeal (see reverse) Signed: (type name if sent via email) Date: For Official Use Only Date Appeal Received: Appeal Granted Appeal Received By: Date Decision Rendered: Designated Appeals Officer: Decision Letter Sent to Student on: Email M:/Drive – Residential Life/Private/Conduct Appeal Denied Via USPS Guidelines for Submitting an Appeal In order to appeal a conduct decision, the appeal document must: 1. Be type-written. 2. Clearly state what is being appealed (conduct decision and/or sanctions). 3. Provide a brief statement of the grounds for appeal, which at a minimum, should contain a list of alleged errors in the decision or decision-making process. 4. Indicate what remedy is requested. 5. Be signed and dated. 6. Include a copy of the decision being appealed (this can be copied and pasted into the text of an email, copied and pasted into Word and sent as attachment, or turned in to Student Housing & Residential Life). 7. Be submitted to Student Housing & Residential Life within five (5) university business days from the date the decision is sent by the hearing officer. As you write an appeal, it is important to be aware of the following: New evidence included in an appeal is only allowed if it was unavailable to a reasonably diligent person at the time of the conduct meeting Failure to submit an application and written appeal within the deadline will render the original decision final and conclusive. Residents are responsible for completing sanctions resulting from the conduct meeting while an appeal is pending. Student Housing & Residential Life can be contacted for further clarification. Once an appeal is received in Student Housing & Residential Life (including the Application to Appeal a Conduct Decision, the type-written appeal, and a copy of the decision being appealed), the appropriate Appeals Officer will obtain the official record from the person(s) who made the original decision. Official records may include, but are not limited to, the original Incident Report(s), witness statements, and hearing notes related to the case. The appeal will be decided on the basis of the record, the written appeal statement, and in appropriate cases, a response from the original decision-maker. Oral statements or appearances will normally not be allowed on appeal; however, the Appeals Officer may choose to interview the appellant and/or additional individuals. The Appeals Officer will consider all the information in the official record and appeal when making a decision, at which point, the Appeals Officer may: 1) Uphold the original decision and sanction(s) 2) Eliminate or decrease the original decision and/or sanction(s) 3) Increase the original decision and/or sanction(s) 4) Decide to have the case re-heard (either by the original or a different hearing officer) The appeal decision will be delivered in writing to the student via email, sent to their on-campus mailbox, and/or posted on their room/suite/apartment door. For all Student Housing & Residential Life cases at California State University, Monterey Bay, students have one opportunity to appeal a conduct decision. The decision of the Appeals Officer is final. M:/Drive – Residential Life/Private/Conduct