Appeals and Appeal Boards for Academic Integrity Cases
APPEALS AND APPEAL BOARDS FOR ACADEMIC INTEGRITY CASES
For academic policy cases, the student may request an appeal of the Honor Board decision or the university-related sanctions assigned by the associate provost of academic excellence and integrity, but grade-related sanctions may not be appealed.
When the student has been found responsible for an academic policy violation and the sanction includes disciplinary suspension, the provost’s designee will convene a panel of the University Appeal Board to consider and decide 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.
Appeals may be considered by the University Appeal Board on the following grounds:
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- Reason(s) why this information may contribute to a decision other than that which was originally made.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. Grade-related sanctions for academic policy violations may not be appealed. If the appeal is based on arbitrary or capricious sanctions, 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.
If the appeal is not timely or the associate provost or designee 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 sanction (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/board is final.