Appeals

(Student Handbook 2.4)

2.4.A  University Appeals Board

2.4.A.1  Appeal. When suspension or dismissal of the accused was proposed by the Office of Ethics and Student Conflict Resolution or imposed by any hearing authority, the alleged victim (if any), the accused and the Office of Ethics and Student Conflict Resolution have the right to file a written appeal with the University Appeals Board within five University working days of the written decision by the hearing authority. The appeal should be addressed to the chair of the University Appeals Board and should state the basis for the appeal and should include all supporting documents.

*All parties will be notified if an appeal is filed and will have five University working days to submit a written response to the appeal. Copies of the statements of appeal and any responses will be made available to all parties.

All appeals should be submitted to the Office of Ethics and Student Conflict Resolution on the Oxford campus.

2.4.A.2  Composition of University Appeals Board. The University Appeals Board shall be composed of five faculty, four undergraduate students, and one graduate student, all of whom shall be appointed by the Quorum for the University Appeals Board is defined as three faculty members and two students. In cases involving an alleged Title IX violation, the Appeals Board will be comprised of three faculty members.

Appeals may be filed for the following reasons:

  1. Inappropriate sanction
  2. Procedural defect in the adjudication of the case. In considering appeals based on a procedural defect, a new hearing will be ordered only if the defect is found to be substantial enough to have changed the outcome of the original
  3. New evidence. In considering appeals based on new evidence, a new hearing will be ordered only if the new evidence is found to be substantial enough to have changed the outcome of the original

2.4.A.3  Determining Merit. The Appeals Board will meet in closed session(s). The Appeals Board, in considering an appeal, shall find the appeal to have merit or not have merit by majority vote, within the parameters set forth below:

  1. If the appeal alleges that the sanction was inappropriate and the Appeals Board finds the sanction to be inappropriate, the Appeals Board may increase or reduce the sanction.
  2. If the appeal alleges that there was a defect in procedure or new evidence is presented and the Appeals Board finds that there was a defect in the procedure or new evidence was presented which was sufficiently substantial to have affected the outcome, the Appeals Board will order a new hearing.

The Appeals Board will notify (in writing) the parties and the Office of Ethics and Student Conflict Resolution of its decision within ten working days of its receipt of the appeal from the Office of Ethics and Student Conflict Resolution. If the Appeals Board requires additional time, the Vice President for Student Affairs or the Dean of Students may extend the time limit. The extension shall be in writing and shall include the reason for the extension, and copies shall be forwarded to the parties and the Office of Ethics and Student Conflict Resolution. If a new hearing is ordered, the new hearing will be held before the same hearing authority.

2.4.B  Vice Presidential Review

In the event the original hearing authority or the appeals board proposed or imposed a sanction of suspension or dismissal during the procedural review, judicial hearing, or appeals hearing, either party, or the Office of Ethics and Student Conflict Resolution* may request the Vice President for Student Affairs or designee to review a decision. A request for review must be presented to the Office of the Vice President for Student Affairs in writing within three University working days of the receipt of the written notification of the decision of the Appeals Board. The request should state the basis for the request and include all supporting documents.

*All parties will be notified if an appeal is filed and will have three University working days to submit a written response to the appeal. Copies of the statements of appeal and any responses will be made available to all involved parties.

2.4.B.1  Request for Review. Requests for a Vice Presidential review may be filed for the following reasons:

  1. Inappropriate sanction
  2. Procedural defect in the adjudication of the case. In considering appeals based on a procedural defect, a new hearing will be ordered only if the defect is found to be substantial enough to have changed the outcome of the original
  3. New evidence. In considering appeals based on new evidence, a new hearing will be ordered only if the new evidence is found to be substantial enough to change the outcome of the original

2.4.B.2  Determining Merit. The Vice President or designee may elect to review or not review a In cases where the Vice President or designee elects to review a decision, the Vice President or designee shall find the appeal to have merit or not have merit within the parameters set forth below:

  1. If the appeal alleges that the sanction was inappropriate and the Vice President or designee finds the sanction to be inappropriate, the Vice President or designee may increase or reduce the
  2. If the appeal alleges that there was a defect in procedure or new evidence is presented and the Vice President or designee finds that there was a defect in the procedure or new evidence was presented which was sufficiently substantial to have affected the outcome, the Vice President or designee will order a new

The Vice President or designee will notify the parties in writing of either the decision not to review or to review the matter and, if reviewed, the Vice President’s or designee’s disposition of the matter on review.

2.4.B.3  Decision. The decision of the Vice President or designee to change a sanction or sustain the finding of the Appeals Board is final. The result of any new hearing ordered by the Vice President or designee may be appealed only as detailed in Section 2.4.A. If a new hearing is ordered, the new hearing will be held before the same hearing

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Revised 2017

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