Students and instructors are welcome to meet with the Ombud to discuss the information needed and how best to present their case.
Appeals
Appeal a Hearing Decision
A. Eligibility for Filing an Appeal
These appeal procedures apply whenever a formal hearing has reached a decision for an alleged violation of Academic Code.
B. Grounds for Appeal
Any student who has been found responsible by a hearing panel may appeal either the finding of responsibility, the sanction imposed or both.
The University may not appeal.
C. The Notice of Appeal
A student may appeal by filing a notice of appeal with the Academic Ombud within seven (7) business days of the decision determining the sanction.
The notice must state:
(a) the grounds of the appeal, and
(b) whether the student is appealing the finding of responsibility, the sanction imposed or both.
Appeals not filed in a timely manner will not be accepted or considered.
D. Appeal Record
Upon receipt of a notice of appeal, the Academic Ombud will prepare the appeal record. The appeal record consists of the following:
Pre-hearing materials for the hearing panel.
The hearing officer’s pre-hearing written rulings.
The hearing panel’s written decision and any sanction recommendation.
The determination and imposition of sanction from the Provost, if any.
A transcript of the hearing.
Any other materials admitted into evidence during the hearing.
Upon completion of the appeal record, the Academic Ombud will certify the record is complete and will send a copy to all parties.
E. Appeal Clerk
The Academic Ombud will serve as the appeal clerk and will have responsibility for empaneling the appeals panel, receiving the briefs, scheduling oral arguments, if the appeals panel wishes, and distributing decisions.
F. Briefs
1. Student's Brief
When the student is challenging a finding of responsibility, sanction or both, the respondent’s brief is due 10 business days after the Provost certifies the record is complete.
The student’s brief must not exceed 10 pages, double-spaced, with 12-point type. The student’s brief will be provided to the University for response.
2. University’s Brief
The University’s brief is due 10 business days after the brief of the student.
The University’s brief must not exceed 10 pages, double-spaced, with 12-point type.
3. Reply Brief of the Student
The student may file a reply brief within 10 business days after the University’s brief.
The reply brief must not exceed five (5) pages, double-spaced, with 12-point type.
4. Modification to Deadline and Page Limits
Upon request of any party, the respective appeals panel may extend the time for filing a brief and/or the page limits.
G. Appeal Decisions
1. Decision by the Appeals Panel
After reviewing all briefs and the appeal record, the respective appeals panel will make a written decision. The decision must be supported by a majority of the respective appeals panel. No member of the appeals panel may abstain.
The decision of the appeals panel is final.
2. Standard of Review
- In reviewing the decision of the hearing panel, findings of fact are reviewed under the clearly erroneous standard and conclusions of law are reviewed de novo (reviewing without any deference to the hearing panel).
3. Decision Concerning Responsibility
With respect to the issue of responsibility, the appeals panel may affirm, reverse or reverse and remand for further proceedings.
4. Decision Concerning Sanction
As to the sanction, the respective appeals panel may affirm or impose a lesser sanction. The appeals panel may not increase the sanction.