A. Jurisdiction, Composition, and Authority for Appeals Process:
1. Jurisdiction: The appeal of any finding regarding responsibility or sanctions that is made based on one of the four grounds for appeal set forth below and where the student or group has not waived his, her, or its right to appeal.
2. Composition: Three members of the pools for Hearing Boards (minimum of one student and one faculty member; the third member may be a student, faculty or staff member) chosen by the Student Conduct Administrator or designee. Appellate panel members may not review a case for which they were on the original Board. The Student Conduct Administrator or designee will appoint a Conduct Officer to chair the Appeal Board. At the discretion of the Student Conduct Administrator and if the accused student and the complainant agree, the Appeals Board may have a different makeup.
3. Authorized Dispositions of Appeals:
a. If the appeal is found to have merit on grounds other than the disproportionality of sanctions, the case will be referred back to the Student Conduct Administrator, or designated representative, to begin new proceedings.
b. If the appeal is found to have merit on the ground that the sanction was disproportionate to the conduct, the appeals board may impose sanctions of lesser severity.
c. If the appeal is found not to have merit, the original findings will be affirmed.
B. Appellate Procedures
1. Right to Appeal: Every student or group has the right to an appeal. A student or group waives that right when he, she, or it resolves conduct charges through one of the informal proceedings outlined above.
2. Information Considered on Appeal: The appeals board will only have access to the record of the original proceedings, written statements submitted by the parties, and any new evidence that the accused could not have reasonably acquired by the hearing date. 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 that reasonably could 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 nonmoving party.
d. Disproportionate Sanctions: The sanctions were disproportionate to the findings. If the appeals board determines that the sanctions ordered were disproportionate to the findings, a rehearing is not required and the appeals board can reduce the sanctions.
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, 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.
Division of Student Affairs, Tulane University, New Orleans, LA 70118 504-314-2188 firstname.lastname@example.org