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Appeals

  1. Appeals Process. The Director of the Center for Student Conduct and Conflict Resolution, or designee, an associate vice president from within the division of Student Affairs, and the University Appeals Boards will hear appeals of determinations made under the Student Code imposing the statuses of probation, suspension, or expulsion.
    1. Warnings. Warnings may not be appealed.
    2. Probation. Appeals of probations from Center for Residence Life staff members may be appealed by sending a letter of appeal to be reviewed by an Associate Vice President for Student Affairs. Appeals of probation from Student Conduct Officers may be appealed to the University Appeals Board.
    3. Suspension or Expulsion. Appeals of suspensions or expulsions may be appealed to the University Appeals Board.
    4. Title IX outcomes. Any outcome of a Title IX hearing may be appealed by either Accused or Complainant to the University Appeals Board.
  2. Basis of Appeals.
    1. The basis of the appeals process will be limited to:
      1. Determining whether the decision making process and/or hearing was conducted fairly in light of the charges and evidence presented;
      2. Determining whether the decision reached was based on the preponderance of the evidence;
      3. Determining whether the decision was appropriate;
      4. Considering new evidence which was not available at the time of the original hearing and which is sufficient for a reasonable person to alter the decision; or
      5. Determining whether the deciding administrator or hearing body was biased or otherwise unable to consider the case objectively.
    2. Except as required to explain the basis of new evidence, the appeals process will limit its review to the process and outcome of the initial hearing (if there is one), together with any supporting documents.
    3. Any party seeking to appeal a decision will do so in writing and must specifically state one or more of the reasons listed in IX.B.1 of this Student Code, and the evidence supporting the appeal.  Any appeal that fails to specifically state the basis for appeal will be returned.
    4. In matters regarding sex discrimination, sexual harassment, sexual misconduct, or sexual violence, an appeal may be brought by the Accused or the Complainant.
    5. Witnesses are only allowed to provide information that was not available for the original hearing. See guidelines for Witnesses (VI. 4).
  3. Procedure for Non-University Appeals Board Appeals Hearings. For cases heard by the Center for Student Conduct and Conflict Resolution.
    1. Within five (5) days the Student intending to appeal must submit the basis of appeal in writing to the Student Conduct Appeals Coordinator. .
    2. The appeal letter will be assigned to an Associate Vice-President for Student Affairs or designee.
    3. All relevant information will be reviewed and a decision will be made. This decision is final and cannot be appealed further.
  4. Members of the University Appeals Board (IAB). Members of the University Appeals Board will be chosen in accordance with the provisions of this policy from representatives of RIT’s shared governance system (Academic Senate, Staff Council and Student Government). Individual faculty, staff, and Students may apply to serve on the pool of candidates. From this pool of candidates, individuals will be selected to serve on the University Appeals Board.  Members of the University Appeals Board who do not fully serve their term, or fail to meet the expectations for the position, will be replaced by the representative group that initially selected them in consultation with an associate vice president within the division of Student Affairs.  Replacement members will complete the term of the member being replaced.  Members of the Board will attend mandatory training periodically as offered throughout the year.  Failure to attend mandatory training may be grounds for early termination of a member's term.  Board members serving as alternates in UAB hearings are expected to attend all hearings for which they are scheduled and will be dismissed by the University Appeals Board Chair when deemed appropriate.  The University Appeals Board will be trained and coordinated by an associate vice president within the division of Student Affairs, or designee.
  5. Board Composition. Each University Appeals Board will consist of five (5) members. The members will consist of two (2) Students and two (2) non-Students chosen from faculty, administration, or staff, and chaired by an associate vice president within the division of Student Affairs or designee, all of whom will each have the right to one (1) vote.
  6. Closed Hearings. Appeals are conducted in private. At the request of either of the parties involved, and at the sole discretion of the Chair of the Institute Appeals Board, the appeal may be open to other members of the university community. Admission of any person to the appeal will be at the discretion of the Chair of the Institute Appeals Board.
  7. Determinations of the Institute Appeals Board.
    1. After considering the appeal, and upon close of the hearing, the University Appeals Board may:
      1. Reduce, dismiss, or uphold the original decision and/or status and conditions imposed. In matters related to sex discrimination, sexual harassment, sexual misconduct, or sexual violence, the University Appeal Board may also recommend a more serious status.
      2. Remand the case for a rehearing or reconsideration of the status or conditions imposed;
      3. Remand the case with specific recommendations for resolving procedural errors; or
      4. Reopen the hearing to request an appearance of any individual involved in the case and postpone making a determination until that individual meets with the University Appeals Board.
  8. Procedure for Institute Appeals Board Appeals Hearings.
    1. Within five (5) days of receiving the determination of a conduct hearing, the Student must submit the basis for appeal in writing to the Student Conduct Appeals Coordinator.
    2. The Student requesting the appeal has the right to be assisted by an advocate in accordance with the provisions of the RIT Advocacy Program (See V. H.).
    3. Once an appeal is filed, the parties involved are required to receive notice, will receive written, electronic notification within five (5) Business Days of the receipt of the appeal. This notice will state that the case is under appeal and will be scheduled for an appeals hearing. Upon receipt of any written responses, or the expiration of five (5) Business Days from the sending of the notification of an appeal, whichever comes first, an appeals hearing will be scheduled. The appealing party will attend the scheduled hearing or forfeit the right to appeal.
    4. In appeals regarding sex discrimination, sexual harassment, sexual misconduct, or sexual violence, any written responses submitted will be shared with the parties at least two (2) Business Days before the scheduled hearing. In all other appeals, written responses will not be shared with the parties.
    5. The Student filing the appeal and their advocate will appear in front of the University Appeals Board and present the basis for the appeal. The individual will generally be given a time limit of twenty (20) minutes for this presentation. In matters regarding sex discrimination, sexual harassment, sexual misconduct, or sexual violence, the Complainant will also be given up to twenty (20) minutes for their presentation. Both the Accused and the Complainant may participate in the hearing; however, a partition or video conference may be utilized.
    6. The Student Conduct Officer(s), who made the original determination, or designee, will then respond to the appeal and give the rationale for the decision, including and status and conditions.
    7. After presentation of the appeal and before the parties are dismissed, the University Appeals Board may ask questions of the parties present.
    8. Upon conclusion of the appeal hearing, a final determination concerning the appeal will be made. A hearing is considered closed after all testimony and evidence has been submitted by the parties. The Chair of the University Appeals Board will determine when a hearing has concluded.
    9. The decision of the University Appeals Board will be mailed to the required parties within ten (10) Business Days of the hearing.  The decision rendered by the Institute Appeals Board is final and may not be appealed further.