/Institutions/Elon-University/json/2015-2016/Student-Handbook-local.json

/Institutions/Elon-University/json/2015-2016/Student-Handbook.json

I. Appeals and Appeal Boards

Grounds for Appeal and Procedures

Any student wishing to appeal the decision of any hearing officer/board must submit a letter to the associate dean of students for leadership and honor code (Jodean Schmiederer, jschmiederer@elon.edu or hand delivered to the Office of Student Conduct) by 5 p.m. on the second working day after the initial decision is rendered.  Any exceptions are made at the discretion of the associate dean of students for leadership and honor code (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 along with the student’s signature.  This information will be used to determine whether or not the case meets the required criteria for an appeal; appeals not meeting the required criteria will not be granted an appeal hearing. For appeals that do meet the criteria and are heard by an appeal officer or appeal board, the decision may be based solely on the written appeal. An appeal request does not guarantee the opportunity to meet with the appeal officer or board. The written request must contain a detailed statement of the grounds for appeal, the date, and the signature of the student. Only those requests for appeal on the following grounds will be considered.  The review by the appeal officer or board will be based on these grounds and will not be a rehearing of the original case

New Facts

Discovery of substantial new facts that were unavailable at the time of the hearing and which could affect the original finding or sanction. 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• Reason(s) why this information may contribute to a decision other than that which was originally made.

Inappropriate Sanctioning

If the assigned sanctions are substantially outside the parameters or guidelines set by the University for specific offense(s) or the cumulative conduct record of the responding student, the request for an appeal must include specific information indicating how the sanction is not consistent with the sanctions presented in the student handbook.

Procedural Violation

If it is believed there was a substantial violation of the hearing procedure 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.

 

After the submission of a request for an appeal, all sanctions imposed by the original hearing body 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 associate dean of students for leadership and honor code, or designee). 

 

The associate dean of students for leadership and honor code (for social policies not involving suspension or permanent separation) or vice president for student life (for sexual misconduct policies and cases involving suspension or permanent separation) (or designee) will review the request.

 

The reviewer will conduct an initial screening to determine if the appeal request meets the limited grounds and is timely. They may consult with the original hearing officer or investigator(s), the director of Student Conduct, and/or Title IX Coordinator on any procedural or substantive questions that arise.  A response will be sent to the student(s) and share whether the reviewer has determined that the request(s) for an appeal will be granted or denied, and why.  When the incident involves a complainant, the reviewer will also share the appeal by one party with the other party (parties) (e.g., if the responding student appeals, the appeal is shared with the complainant, who may also wish to file a response or request an appeal).

If the appeal is not timely or substantively eligible, the original finding and sanction will stand and the decision is final. If the appeal has standing, the reviewer determines the appropriate appeal officer/board and forwards the request with clear instructions for reconsideration only in light of the granted appeal grounds. 

The appeal officer or appeal board has the authority to:

• Uphold the original decision;
• Uphold the original decision but change the sanction (more or less severe);
• Change the not/responsible decision; or
• Remand the case to the original hearing officer or hearing board.

I

Administrative Appeal Hearing (for cases that do not involve sexual misconduct violations)

When original sanctions are less than disciplinary suspension or permanent separation from the University, the associate dean of students for leadership and honor code or her designee will review eligible requests for appeals. The decision of the associate dean is final. In cases where the associate dean of students was the original hearing officer, the request will be forwarded to the associate vice president for student life who will review the appeal. In those cases the decision of the associate vice president is final.

Administrative Appeal Hearing (for cases that do not involve sexual misconduct violations)

A panel for the University Appeal Board is comprised of the vice president for student life or his designee; the provost and vice president for academic affairs or his designee; the president of the Student Government Association (SGA), another executive officer of the SGA, or the SGA President’s designee; and a faculty member. The panel is drawn from the appeal board pool, 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.

Administrative Appeal Board (for cases involving sexual misconduct)

The Administrative Appeal Board is used for conduct cases involving potential behaviors related to sexual misconduct or relationship violence (code of conduct policies 2015.23 or 2015.24).  The board is jointly appointed by the vice president for student life/dean of students and the provost.  It is comprised of faculty and/or staff members trained in both the conduct process and the issues related to relationship violence and sexual misconduct.  The vice president for student life/dean of students reviews all requests for appeals, and when the grounds for an appeal have been met, convenes a panel to review the case.   

 

The panel is comprised of at least three board members with the following requirements to serve:

• 1)      there is no conflict of interest or bias;
• 2)      they were not involved in the initial investigation in any way; and
• 3)      they have been properly trained on the Honor System, the code of conduct, the unique nature of incidents involving personal violence or sexual misconduct, and appeals       procedures.

 

The decision of this appeal board is final and notification of their decision (related to responsibility and sanctioning) will be sent to both parties along with a rationale for their decisions.  The appeal process is typically completed within 15 business days.  When the academic calendar or a complicated incident requires going beyond this timeline, both parties will be kept apprised of the process and next steps.