Cases originating from the Student Conduct Officer. Unless otherwise noted in this policy, the University Appeals Boards (UAB) will hear appeals of determinations of violations made under the Student Code of violations of the Student Code and the imposition of statuses as follows.
Warnings. Warnings may not be appealed.
Probation, suspension or Expulsion. Appeals of probation, suspension or expulsion from Student Conduct Officers may be appealed to the University Appeals Board.
Title IX outcomes. Any outcome following a Title IX hearing (see Gender-Based & Sexual Misconduct Policy, Title IX, D.19) may be appealed by either Accused or Complainant to the University Appeals Board.
Cases originating from the Center for Residence Life. For cases heard by the Center for Residence Life, the follow is applicable:
Within three (3) days, the Student intending to appeal must submit the basis of the appeal in writing to the Student Conduct Appeals Coordinator.
The appeal letter will be assigned to an associate vice president for Student Affairs or designee.
All relevant information will be reviewed and a determination will be made by the assigned associate vice president for Student Affairs. This decision final and cannot be appealed further.
Grounds for Appeals
The grounds for appeal will be limited to:
Determining whether the hearing was conducted in accordance with the procedures under this policy or Policy D19.0. Any deviation in procedure will not be a basis for sustaining an appeal unless the deviation impacted the outcome of the process;
Determining whether the sanctions imposed were appropriate for the violation of the policy for which the Student was found responsible;
Considering new information or evidence which was not known, knowable, or available at the time of the original hearing and which information or evidence is sufficient for a reasonable person to alter the determination of the original hearing.
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 applicable), together with any supporting documents.
Any party seeking to appeal a determination must do so in writing and must specifically state one or more of the reasons above and the evidence supporting the appeal. Any appeal that fails to specifically state the basis for appeal may be dismissed if not based upon one or more grounds for appeal.
Witnesses will not be permitted to appear on appeal except to the extent that witnesses may provide testimony related solely to new evidence or information that the appellant demonstrates was not known or available for the original hearing. See guidelines for Witnesses (VI.D.4).
Members of the University Appeals Board (UAB). Members of the UAB will be selected from a pool of candidates from representatives of RIT’s shared governance system (Academic Senate, Staff Council and Student Government). All members of the UAB will attend mandatory training periodically as offered throughout the year. The UAB will be trained and selection for a given panel will be coordinated by an associate vice president within the division of Student Affairs, or designee.
Board Composition. Each UAB will consist of three (3) members. The members will include a Student; a faculty or staff member; and an associate vice president within the division of Student Affairs or designee, who will also serve as chairperson for the UAB, all of whom will each have the right to one (1) vote.
Closed Hearings. Appeals are conducted in private. Upon the request of either of the parties involved, the chair of the UAB, at the chair's sole discretion, may open the appeal to other members of the RIT community.
Possible Outcomes after an Appeal HearingAfter considering the appeal, and upon close of the hearing, the UAB may:
Reverse, reduce, dismiss, uphold, or otherwise modify the original determination and/or status and conditions imposed.
Remand the case for rehearing or reconsideration of the status or conditions imposed or with specific recommendations for resolving procedural or process that the UAB determines would have impacted the outcome of the original hearing.
Procedure for UAB Appeals
Within three (3) 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.
For non-Title IX matters, 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.).
Once an appeal is filed, the parties involved will receive written, electronic notification within three (3) 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 three (3) 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.
The Student filing the appeal and their advocate will appear in front of the UAB and present the basis for the appeal. There will be a time limit of twenty (20) minutes for this presentation and their advocate (and/or advisor of choice in the Title IX hearings).
A member of the Center for Student Conduct and Conflict Resolution will be available to respond to the appeal and give the rationale for the determination made at the original hearing, including and status and conditions.
After presentation of the appeal and before the parties are dismissed, the UAB may, at its discretion, ask questions of the parties present. Upon conclusion of the appeal hearing, a final determination will be made. A hearing is considered closed after all testimony and evidence has been submitted by the parties and the chair of the UAB has concluded the appeal.
The decision of the UAB will be sent electronically to the required parties within three (3) Business Days of the hearing. The determination rendered by the UAB is final and may not be appealed further.