Student Conduct Code - Section 7.2.8 Appeals

The outcome of a conduct conference is subject to one request for appeal. The appeal form is available for download here. A student who wishes to appeal must complete the request for appeal form and submit it to the Office of Student Conduct, Rights and Responsibilities within five (5) business days of the date of the outcome letter. The request for appeal must include answers to the questions on the form in accordance with the criteria described below.

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 below. In general, a request for appeal, when granted, is a review of the original process, however, if necessary and at the appeal officer’s discretion, the student may be called in to discuss the appeal.

A request for appeal will be considered if one or more of the following criteria is met:

1. The decision is not supported by the information - The student must describe why and how the decision is not supported by the information and that the decision was not based on substantial evidence or a preponderance of the evidence.
2. The sanction is not in line with the violation(s) - The student must describe why and how the sanction(s) is not in line with the violation(s) and is not appropriate for the violation(s)
3. The procedures provided in the Fogcutter Student Handbook were not followed - The student must describe how the procedures were not followed and how the conduct conference was conducted unfairly in light of the allegations and information provided.
4. New relevant information is available that was unavailable at the time of the meeting - The student must describe the new and relevant information and why it was unavailable at the time of the meeting.

The student will be informed of the decision pertaining to the request for appeal within ten (10) business days of submitting the request. 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.

If the request for appeal is denied, the student will be informed within ten business days and will be held to the original decision and sanction(s) imposed (new deadlines may need to be provided depending on the timing of the appeal).

If the request for appeal is granted, the appeal officer may affirm the original decision, affirm the original decision but modify any or all of the sanction(s) or overturn the original decision.

A request for appeal may only be filed once and the decision is final. 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.

Generally, a student who failed to attend their conduct meeting cannot submit an appeal; however, exceptional circumstances will be considered.