Ohio Administrative Code
Title 3335 - Ohio State University
Chapter 3335-23 - Code of Student Conduct
Section 3335-23-18 - Appellate process
Universal Citation: OH Admin Code 3335-23-18
Current through all regulations passed and filed through September 16, 2024
(A) Right to appeal.
(1) A student found to have
violated the code of student conduct has the right to appeal the original
decision. The appeal is not intended to re-hear or re-argue the same case and
is limited to the specific grounds outlined in this rule. The appeal must state
the specific grounds for the appeal and should include all supporting
documentation. The appeal must be postmarked,
delivered
,
sent via email or online form, to the appropriate appeal officer,
listed in paragraph (C) of this rule, within five business days
after the date on which notice of the decision is sent to the student. Each
student shall be limited to one appeal of a decision of a hearing body. The
decision of the appeal officer is final.
(2) Any extensions to the appeal date may be
made at the discretion of the director of student conduct, residence life, or
the office of academic affairs or their designee.
(3) A student who has accepted responsibility
for violating the code of student conduct waives the right to appeal, except on
the basis that the disciplinary sanction is grossly disproportionate to the
violation(s) committed.
(4) When
found in violation of the code of student conduct, a respondent shall be
limited to one appeal. The decision of the appeal officer is final.
(B) Grounds for appeal.
An appeal may be based only upon one or more of the following grounds:
(1) An appeal may be based
only upon one or more of the following grounds:
(a) Procedural error that resulted in
material harm or prejudice to the student (i.e. by preventing a fair,
impartial, or proper hearing). Deviations from the designated procedures will
not be a basis for sustaining an appeal unless material harm or prejudice
results;
(b) Discovery of
substantial new evidence that was unavailable at the time of the hearing and
which reasonably could have affected the decision of the hearing body;
or
(c) Disciplinary sanction
imposed is grossly disproportionate to the violation(s) committed, considering
the relevant aggravating and/or mitigating factors.
(2) Non-attendance by the respondent or the
complainant may not be the sole grounds for an appeal.
(C) Appropriate appeal officers.
(1) Appeals from residence hall hearings:
(a) All appeals from residence hall hearings
other than contract terminations, shall be submitted to the director of
housing and residence education or
designee;
(b) All appeals, when the
sanction imposed by the residence hall hearing is contract termination, shall
be submitted to the director of student conduct or designee.
(2) Appeals of a decision of a
hearing body other than those described in paragraph (B) of this rule will be
submitted for decision to the vice president for student life or
designee.
(3) Appeals of decisions
of the committee on academic misconduct or its coordinator will be submitted
for decision to the executive vice president and provost or designee.
(D) Appeal proceedings.
(1) The appeal officer will dismiss the
appeal if the appeal is not based upon one or more of the grounds set forth in
paragraph (B) of this rule.
(2) The
appeal officer will decide the appeal based upon a review of the record and
supporting documents (e.g. prior disciplinary history).
(E) Possible dispositions by the appeal officer.
The appeal officer may, after a review of the record:
(1) Uphold the original decision and/or
sanction(s);
(2) Dismiss the case
or individual charge(s) against the student and vacate any portion or all of
the sanction(s);
(3) Modify or
reduce the sanction(s); or
(4)
Remand the case to the original hearing body to consider a specific issue as
directed by the appeal officer or refer the case to a new hearing body to be
reheard. If possible, a new hearing body should be different from the one that
originally decided the case. If a case is reheard by a hearing body, the
sanction imposed can be greater than that imposed at the original
hearing.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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