11.0 Appeal (See 3335-27-07)

A student found to have violated the Code of Student Conduct has the right to appeal the original decision. Appeals must be filed with the Senior Vice President and Provost within fourteen days from the date of the sanction decision letter. The following guidelines apply:

A.   The grounds for appeal are procedural error, misapplication or misinterpretation of the rule alleged to be violated, findings of facts not supported by a greater weight of evidence, and discovery of substantial new facts that were unavailable at the time of hearing.

B.   The Senior Vice President and Provost shall dismiss the appeal if the appeal is not based on one or more of the grounds set forth above (A).

C.   The Senior Vice President and Provost may choose to decide the appeal based upon a review of the record.

D.  The Senior Vice President and Provost may request additional written information or an oral presentation and then decide the appeal based on the enhanced record.

E.   A student is allowed active representation by an advisor when making an appeal of proceedings which resulted in suspension or dismissal.

F.   The Senior Vice President and Provost may refer the case to the Committee on Academic Misconduct to be reheard. The panel shall be different than the one that originally decided the case.

G.   The Senior Vice President and Provost may, after review of the record, uphold the original sanction, dismiss the original sanction, imposed a lesser sanction or order a new hearing. A panel hearing a remanded case cannot impose a more severe sanction than that originally imposed.