1. Right to Appeal: Every accused student or group has the right to an appeal on the grounds set forth below. An accused student or group waives that right when he, she, or it resolves conduct charges through one of the informal proceedings outlined above. A victim who has notified the Student Conduct Administrator in writing in advance of the hearing of his/her/its desire to serve as a Complainant has the right to appeal the finding that the accused student or group is not responsible on the grounds set forth below and, in cases involving gender-based personal violence, as defined in Section III.E, that the sanctions were disproportionate.
2. Information Considered on Appeal: The appeals board will have access to (1) the record of the original proceedings; (2) written appeals statements submitted by the parties; and (3) and any new evidence that the accused could not have reasonably acquired by the hearing date. When an appeal is based on procedural error, the Student Conduct Administrator or designee may provide any information or documentation relevant to that claim to the Appeals Board. Hearings shall not be conducted by the appellate body.
3. Grounds for Appeal: An appeal may be made based only on one or more of the following reasons:
a. Procedural Error: There was a procedural error so great that it is likely to have impacted the decision during the hearing.
b. New and Significant Evidence: New and significant evidence appeared that could not have been discovered by a properly diligent charged student or complainant before or during the original hearing and that could have changed the outcome of the hearing.
c. The Finding is Arbitrary and Capricious: Reading all evidence in the favor of the non-appealing party, the finding was not supported by reasonable grounds or adequate consideration of the circumstances. In deciding appeals, the appeals board is allowed to make all logical inferences and must make any inferences in benefit of the non-appealing party.
d. Disproportionate Sanctions: The sanctions were disproportionate to the findings.
4. Form of Appeal: A request for appeal, including a written statement identifying the grounds on which the appeal is based and supporting the appeal, must be submitted in writing to the Student Conduct Administrator, or designated representative, within the later of five working days after receiving notice of the original decision or the date sanctions become final. In exceptional cases, a student may request an extension by writing to the Student Conduct Administrator with a showing of good cause no later than two working days before the deadline; if a request is not granted by the next working day, the original deadline applies.
The written statement in support of the appeal must be detailed and include a statement identifying the specific ground(s) on which the appeal is being made, e.g., the sanction is grossly disproportionate to the offense, the student was denied a fair hearing because of a procedural error, new and significant evidence appeared which could not have been discovered by a properly diligent charged student or complainant before or during the original hearing and that could have changed the outcome of the hearing, or that the finding of a violation was arbitrary and capricious. An appeal made on grounds other than the four grounds set forth above may be rejected as unmeritorious by the Student Conduct Administrator or designated representative.
Failure to request an appeal in writing or to provide a written statement in support of the appeal will render the original decision final.
The Student Conduct Administrator, or designated representative, will notify the non-appealing party of the request for an appeal. Within five working days of receipt of the notice, the non-appealing party may submit a written statement to be included in the case file. The appeal may proceed without the non-appealing party's written statement if it is not submitted within the designated time limit.
5. Deferral of Sanctions: The enforcement of sanctions may be deferred during appellate proceedings, at the discretion of the Vice President for Student Affairs or designated representative.
6. Timeframe for Appeal: In cases that were heard by the Hearing Board or in cases involving gender-based personal violence, as defined in Section III.E, the Appeals Board will be scheduled within 30 days of the accused student and complainant receiving notice of the hearing decision during the academic year barring exceptional circumstances. All other matters will be heard at the next Appeals Board session.
Division of Student Affairs, Tulane University, New Orleans, LA 70118 504-314-2188 firstname.lastname@example.org