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D18.2 - Student Appeals Process - Interim

 

  1. Introduction

    The Student Appeals Process provides students the right to appeal certain outcomes from their original hearings of the Student Academic Integrity Policy (D08.0), the Student Conduct Process (D18.0) and the Student Gender-Based and Sexual Misconduct Policy- Title IX (D19.0).
     
  2. Scope

    The appeals process set forth in this policy applies to determinations of violations made under the Student Academic Integrity Policy (D08.0), the Student Conduct Process (D18.0) and the Student Gender-Based and Sexual Misconduct Policy- Title IX (D19.0).
     
  3. Definitions

    Terms defined in the Student Academic Integrity Policy (D08.0), the Student Conduct Process (D18.0) or the Student Gender-Based and Sexual Misconduct Policy (D19.0) will have the same meaning in this policy. Terms not defined elsewhere are defined below.
     
    1. Student Conduct Appeals Chair means an associate vice president for Student Affairs, or designee, who chairs the University Appeals Board.
       
    2. Student Conduct Appeals Officer means an associate vice president for Student Affairs or designee responsible for reviewing appeals and evaluating appeal requests received.
       
    3. University Appeals Board or UAB means the panel of members of the RIT Community empowered to hear appeals from the Student Academic Integrity Policy (D08.0) Student Conduct Process (D18.0) or the Student Gender-Based and Sexual Misconduct Policy - Title IX (D19.0).
       
  4. Appeals Process
     
    1. Grounds for Appeal: Except as required to explain the basis of new information, the appeals process will limit its review to the process and outcome of the initial hearing.
       
      1. The grounds for appeal will be limited to:
         
        1. Determining whether the hearing was conducted in accordance with the process of the RIT’s policy and if such violation of the process substantially impacted the original outcome;
           
        2. Determining whether the outcome is  substantially disproportionate to the severity of the violation and/or cumulative conduct record of the student;
           
        3. Considering new information which was not known, knowable, or available at the time of the original hearing that could substantially impact the original outcome;
           
        4. For appeals of the Student Gender Based and Sexual Misconduct Policy – Title IX (D19.0), both the accused and the complainant may appeal the finding and/or the outcome.
           
    2. Any party seeking to appeal an outcome must do so in writing through the Appeal Request form and must specifically state one or more of the grounds above and the information supporting the appeal.  Any appeal that fails to specifically state the basis for appeal may be dismissed by the Student Conduct Appeals Officer. 
       
      1. Witnesses will not be permitted to appear at an appeal hearing except to the extent that witnesses may provide relevant information that the appealing party demonstrates was not known, knowable, or available at the time of the original hearing.
         
    3. The Student Conduct Appeals Officer will review all submitted appeals to determine if the submission meets the Grounds for Appeal.  If the submission does not meet one of the three grounds, it will be dismissed.
       
  5. Types of Appeals
     
    1. Appeals of decisions made by the Center for Residence Life for violations of the Student Conduct Process (D18.0) and resulting in Probation.
       
      1. Within three (3) business days following the date of the outcome letter, the Student intending to appeal must submit the basis of the appeal via the Appeal Request form.
         
      2. Appeals will be reviewed by a designee of the Student Conduct Appeals Officer.
         
      3. All relevant information will be reviewed and a determination will be made by the designee. The decision of the designee is final and cannot be appealed further.
         
    2. Appeals of decisions made by a Student Conduct Officer for violations of the Student Conduct Process (D18.0) and resulting in Probation or Removal from Housing:
       
      1. Within three (3) business days following the date of the outcome letter, the Student intending to appeal must submit the basis of the appeal via the Appeal Request form.
         
      2. Appeals will be reviewed by the Student Conduct Appeals Officer.
         
      3. All relevant information will be reviewed and a determination will be made by the Student Conduct Appeals Officer.  The decision of the Student Conduct Appeals Officer is final and cannot be appealed further.
         
    3. Appeals of decisions made by a Student Conduct Officer for violations of the Student Conduct Process (D18.0)  and resulting in Suspension or Expulsion or appeals of all decisions made by Student Conduct Officers for violations of the Student Gender-Based and Sexual Misconduct Policy- Title IX (D19.0) or any appeals of the Student Academic Integrity Policy (D08.0):
       
      1. Within three (3) business days following the date of the outcome letter, the Student intending to appeal must submit the basis of the appeal via the Appeal Request form.
         
      2. The appeal will be assigned to the University Appeals Board for an appeal hearing.
         
      3. All relevant information will be reviewed and a determination will be made by the University Appeals Board.  The decision of the UAB is final and cannot be appealed further.
         
    4. Members of the University Appeals Board (UAB)
       
      1. Each UAB will consist of three (3) members.  The UAB will be led by an associate vice president for Student Affairs or designee who will serve as the chairperson.
         
      2. The UAB membership will consist of the chair, one student and one faculty/staff member. In some cases, the UAB membership may be modified at the discretion of the student conduct appeals officer.
         
      3. All members of the UAB will each have the right to one (1) vote.
         
    5. Possible Outcomes after an Appeal Hearing  

      Upon completion of the hearing, the UAB may:
       
      1. Uphold the original hearing outcome.
         
      2. Modify the original hearing outcome.
         
      3. Remand the case for a new hearing.  A Student in a remanded case would have the same rights to appeal the new outcome.
         

Responsible Office: 
Center for Student Conduct and Conflict Resolution

Effective Date: Approved as an interim policy on June 1, 2018
Policy History:
 

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