Current through Register Vol. 24-06, March 15, 2024
The following general rules apply to appeals or requests for
further administrative review of disciplinary action at any stage of a student
disciplinary proceeding.
(1)
Parties. The parties to an appeal or review proceeding shall be
the respondent, any complainant in a proceeding involving sexual misconduct or
discriminatory harassment allegations, and the student conduct
officer.
(2)
Filing of
appeals.
(a)
Appeal
periods. An appeal or request for review of disciplinary action must be
filed with the designated university official within the applicable time period
as further specified in these rules.
(b)
Contents of appeal. A
party's written notice of appeal or request for review must explain why the
party disagrees with the disciplinary decision and what relief or remedy the
party is requesting. The appeal or request for review must address one or more
of the following grounds:
(i)
Insufficient evidence. The disciplinary action taken was not
supported by a preponderance of the evidence.
(ii)
New evidence. New evidence
not available at the time the disciplinary action was taken should result in a
different outcome.
(iii)
Procedural or other error. The disciplinary action was taken in
violation of prescribed procedures or was based on an erroneous interpretation
or application of the student conduct code.
(iv)
Disproportionate outcome.
The disciplinary action taken was not proportionate to the student conduct
violation(s) alleged.
(c)
Failure to appeal. The failure of a party to file a timely appeal
or request for review at any stage of the proceeding waives that party's right
to appeal. However, in a proceeding involving sexual misconduct or
discriminatory harassment allegations, if any party appeals, the university
official receiving the appeal or request for review will notify the other
parties and will afford each party the opportunity to participate in the appeal
or review proceeding.
(3)
Effect of appeal - Stay. The implementation of disciplinary action
imposing a conduct suspension of any length, removal from student housing, or
conduct expulsion shall be stayed pending the time for filing an appeal and the
conclusion of disciplinary proceedings. Other disciplinary sanctions shall not
be stayed.
(4)
Reviewing
authority.
(a) Appeals of disciplinary
action taken by the student conduct officer will be heard by the conduct review
officer or student conduct council as further provided in these
rules.
(b) Appeals of disciplinary
action taken by the conduct review officer in a brief adjudicative proceeding
will be heard by the dean of student success (or designee) as further provided
in these rules.
(c) Appeals of
disciplinary action imposed by the student conduct council will be heard by the
conduct review officer as further provided in these rules.
(5)
Ex parte communications.
Reviewing authorities (the conduct review officer, student conduct council
members, and the dean) may not communicate with any of the parties regarding an
appeal without providing notice and an opportunity for all parties to
participate.
(6)
Disqualification. Reviewing authorities may not participate in a
proceeding in which they:
(a) Are a
complainant or witness;
(b) Have a
direct or personal interest, prejudice, or bias; or
(c) Have previously acted in the same
proceeding in another capacity.