SECTION XII - APPEALS

1. A student may appeal the final decision of an administrative hearing officer, peer review board, University hearing board, hazing hearing board or sexual misconduct hearing board.  All appeals need to be submitted to the appropriate office in writing within seven (7) business days of written notification of the hearing results. If the hearing took place during special periods, the student must submit a written appeal within four (4) business days of receiving written notification of the hearing results. The imposition of sanctions will remain in effect during the period of the appeal proceedings.

• Appeals of decisions rendered by an administrative hearing or the peer review board must be submitted to the dean of students.

• Appeals of decisions rendered by the University judicial board must be submitted to the vice president for student affairs.

• Appeals of decisions made by the sexual misconduct hearing must be submitted to the vice president for student affairs.

• Appeals of decisions rendered by the hearing board for hazing violations must be submitted to the president of the University.

2. An appeal must be based on the student's ability to demonstrate that:

• The hearing was not consistent with the established judicial procedure;

• Information is available that was unavailable at the time of the hearing, and the new information is relevant to the Judicial Body's determination; or

• The sanction(s) is inappropriate for the violation(s).

3. An appeal must set forth concisely the grounds for appeal and contain any relevant supporting material.

4. A written decision will be rendered by the dean of students, vice president for student affairs, or president and e-mailed and/or mailed to the student's local address within seven (7) business days of receipt of the appeal. The dean of students, vice president for student affairs, or president may:

• Uphold original decision and sanctions;

• Uphold original decision and alter sanctions; or

• Refer the case to the original judicial body for rehearing or review.

5. When the student appeals the assessed sanction(s), the dean of students, vice president for student affairs, or president may reduce but not increase the severity of sanctions imposed. Review may not result in more severe sanctions.

6. The outcome of the appeal is final. Technical departures from these procedures and errors in their application shall not be grounds to withhold judicial action unless, in the judgment of the dean of students, vice president for student affairs, or president, the technical departures or errors were such as to have prevented a fair and just determination of the issues.

AU Appeal_Form