Appeals and Appeal Boards for Social Policy Cases
Grounds for Appeal and Procedures
(See the Title IX and Sexual Misconduct Policy for grounds and process for submitting an appeal in reported cases of sexual harassment, interpersonal violence, sexual misconduct, and sex and/or gender-based discrimination.)
Any student wishing to appeal the decision of any hearing officer/board must complete a written appeal request using the online submission form located at http://www.elon.edu/e-web/students/conduct/appeal.xhtml. Appeals must be submitted by 5:00 p.m. on the seventh day after the initial decision is delivered. Any exceptions are made at the discretion of the assistant dean of students (or designee).
Appeal requests are subject to the procedures outlined below. The written appeal must be clear, specific, and contain a detailed statement regarding the grounds for appeal. Appeals are not re-hearings, and they are not granted on the basis of disagreement with the original decision. The primary basis for the appeal decision will be the written submission, but the appeal officer or board may consider other information relevant to the appeal request, including but not limited to outcome letters, the case file, written notes from investigators, student conduct hearing officers, and consultation with individuals involved in the original hearing and decision.
Appeals may be considered by an appeal officer or appeal board. Only appeals based on the following grounds will be considered:
New Facts
Discovery of substantial new facts that were not reasonably available at the time of the hearing and are material to the original finding. Withholding information or declining to participate in the original hearing is not grounds for an appeal based on the discovery of new facts. If the appeal is based on substantial new facts the request must outline the following:
- Source of new information and complete explanation of that information;
- Name(s) of who can present this information;
- Reason(s) why this information was not presented at the original hearing; and
- Reason(s) why this information may contribute to a decision other than that which was originally made.
Arbitrary and Capricious Sanctions
The sanctions may be changed only if they are substantially disproportionate to the conduct violation, considering any mitigating and aggravating factors, including but not limited to disciplinary history of the student found responsible and/or impact on individuals or the community. If the appeal is based on arbitrary or capricious sanction, the request must outline why the assigned sanctions do not fit the Code of Conduct violation.
Procedural Violation
If it is believed there was a substantial violation of the Code of Conduct procedures that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures that could affect the outcome of the hearing, etc.), the appeal request must outline the following:
- Citation of specific procedural errors with appropriate reference;
- Reason(s) why procedural error was not mentioned in the original hearing; and
- Reason(s) why correction of error can contribute to a decision other than that which was originally made.
The appeal officer/board is limited in its deliberations to grounds for appeal listed above, using the information provided in the appeal. The individual or organization filing the appeal must demonstrate that the decision or sanction does not meet the standards and procedures set forth in the Student Handbook and meets the grounds for appeal.
After the submission of a request for an appeal, all sanctions imposed by the original hearing officer/board remain in effect until a final decision is made and communicated to the student(s). (Exceptions to this policy are at the discretion of the dean of students, or designee).
Administrative Appeals
(for appeals of any social policy violations that result in a sanction less than disciplinary suspension or permanent separation)
When original sanctions for social policy violations are less than disciplinary suspension or permanent separation from the university, the assistant dean of students or designee will serve as the appeal officer. In cases where the assistant dean of students was the hearing officer, the associate vice president for Student Life/dean of students or designee will serve as the appeal officer. The appeal officer has the sole discretion to refer an appeal request to the University Appeal Board.
If the appeal is not timely or the appeal officer does not find grounds to change the decision or take other action, the original finding and sanction will stand, and the decision is final.
The appeal officer has the authority to:
- Uphold the original decision;
- Uphold the original decision but amend the sanctions (more or less severe);
- Change the not/responsible finding; or
- Remand the case to the original hearing officer/board or another hearing officer/board.
The decision of the appeal officer is final.
University Appeal Board
(for appeals for social policy violations that result in sanctions of suspension or permanent separation but do not involve sexual misconduct violations)
When the student has been found responsible for a social policy violation and the sanction includes disciplinary suspension or permanent separation, the dean of campus life or designee will convene a panel of the University Appeal Board to consider the appeal.
The panel of the University Appeal Board is comprised of the convener, a student member, and a faculty member. The panel is drawn from the membership of the University Appeal Board, with the following requirements to serve:
- they did not serve on the panel for the initial hearing;
- there is no conflict of interest or bias;
- they were not involved in the investigation in any way; and
- they have been properly trained on the honor system, Code of Conduct, and appeals procedures.
The parties will be provided names of board members to address any potential conflicts of interest or bias. Potential board members will also be provided name of the responding student and any reporting student to address any potential conflicts of interest or bias, and board members who feel they cannot make an objective determination must recuse themselves. Should any party object to any board member, that party must raise all objections, in writing, to the convener immediately. Board members will only be replaced if the convener concludes that thy have a conflict of interest or bias that may preclude an impartial review of the appeal.
If the appeal is not timely or the University Appeal Board does not reach consensus to find grounds to change the decision or take other action, the original finding and sanctions will stand and the decision is final.
The University Appeal Board has the authority to:
- Uphold the original decision;
- Uphold the original decision but amend the sanctions (more or less severe);
- Change the not/responsible finding; or
- Remand the case to the original hearing officer/board or another hearing officer/board.
The decision of the University Appeal Board is final.