A fundamental component of our process is the
student’s right to appeal the outcome and/or sanction(s) of their student
conduct meeting. The appeal process does
not include a new meeting with an appeal’s officer; rather, it is a review of
the conduct officer’s decision relative to the information discovered through
the course of the student conduct process.
Appeal Form available for download by clicking here.
It is the student’s responsibility to submit an
informative and substantive request for an appeal that will provide the
appeal’s officer the ability to render a decision taking into account all
submitted materials from the student and the conduct officer.
1. The outcome of a conduct
meeting is subject to one request for appeal. An appeal will be granted only if
one or more of the following criteria is met with appropriate documentation:
a. The decision is not
supported by the information. You must
describe in detail how the information reported and provided about the incident
does not support the decision.
b. The sanction is not in
line with the violation(s). You must
describe in detail why the sanctions imposed were not appropriate relative to
the violations.
c. The procedures provided
in the Fogcutter Student Handbook were not followed. You must describe the irregularities in
fairness and/or procedures in detail.
d. New relevant information is available that was not
available at the time of the meeting.
You must describe in detail the new and significant information that
would be cause to alter the decision and/or sanctions.
2. The request for appeal form is available by clicking the link above or clicking here. The student must be complete the appeal form and submit their
request within five (5) business days of the date of the outcome letter. The
request for appeal must include detailed responses in accordance with the
criteria described in No. 1 above.
3. The designated appeal officer will review the
request for appeal, along with other pertinent information, to determine the
validity of the request for appeal in accordance with the criteria described in
No. 1 above. In general, a request for appeal is granted only when it is
more likely than not that a procedural or substantive error occurred at the
original conduct meeting that effectively denied the student a fair and
reasonable meeting. If necessary and at the appeal officer’s discretion, the
student may be called in to discuss the appeal.
4. The student will be informed of the decision
pertaining to the request for appeal within ten (10) business days of the
request being received by the appeal’s officer. In exceptional circumstances,
the ten (10) business days notification requirement may be extended to allow adequate
consideration of the request for appeal.
If this is the case, the student will be notified.
5. If the request for appeal is granted, the matter
may be referred back to the original conduct officer/board, a new conduct
officer (who could be the appeal officer), or a new conduct board. The appeal
officer may also modify the sanction(s) without granting a second meeting.
6. A request for appeal may only be filed once. If a
request for appeal is denied, a second appeal cannot be filed. If a request for
appeal is granted, the outcome of any subsequent proceeding may not be
appealed.
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