D18.2 Student Appeals Process

The University Appeals Process provides students the right to appeal certain outcomes from cases involving the Student Conduct Process (D18.0) and the Student Gender-Based and Sexual Misconduct Policy- Title IX (D19.0) and the Policy on Title IX Sexual Harassment for Faculty, Staff and Students (C27.0).

Terms defined in the Student Conduct Process (D18.0), the Student Gender-Based and Sexual Misconduct Policy (D19.0) or the Policy on Title IX Sexual Harassment for Faculty, Staff, and Students (C27.0) will have the same meaning in this policy. Terms not defined elsewhere are defined below.

1. University Conduct Appeals Chair means an associate vice president for Student Affairs, or designee, who chairs the University Appeals Board.
2. University Appeals Officer means an associate vice president for Student Affairs or designee responsible for reviewing and coordinating appeal processes, including determinations of threshold evaluations for appeal requests.
3. University Appeals Board (UAB) means the panel of members of the RIT Community empowered to serve on an appeals board.
4. Outcome means the determination of responsibility, statues and conditions that are provided in writing at the end of a Student Conduct hearing.  Status refer to the standing of the student including, but not limited to, warning, probation, suspension, expulsion or removal from housing. Conditions refers to the additional educational or other requirements such as educational modules, substance use reviews, and meaningful life experiences.

1. A student seeking to appeal  an outcome must do so in writing through the Appeal Request form provided in the original Outcome Letter.
2. Students who intend to appeal  must submit the basis of their appeal using the appeal request form within the following timeframes:
   1. Within five (5) business days for violations of the D.18 Student Conduct Process or
   2. Within ten (10) business days for violations of the D.19 or C.27 policies.
   3. The deadline is determined from the date of the outcome letter or as specified in the official decision letter for pre-hearing determinations.   
3. Appeal requests must specifically state one or more of the grounds and the information supporting the appeal.  Any appeal that fails to specifically state the basis for appeal may be dismissed by the University Appeals Officer as not satisfying the threshold for granting an appeal. All appeal requests must sufficiently address concerns for at least one of the following grounds for appeal.
   1. Procedural irregularity that affected the outcome of the matter;
   2. New evidence that could affect the outcome of the matter and was not reasonably available at the time the determination regarding responsibility or dismissal was made. A summary of the alleged new evidence and its potential impact must be included;
   3. The Title IX Coordinator, investigator, or a hearing officer had a conflict of interest or bias for or against parties generally, or against the individual Complainant or Respondent specifically, that affected the outcome of the matter.
4. ​​​​​​​Condition Modifications: Students seeking modifications to the parameters of their conditions may make this request to the original hearing officer(s).  This review may include, but is not limited, to the specific start and end dates of the condition, assigned educational modules or other requirements.  Such requests will be considered by the original hearing officer for the case and approved by the Director, Student Conduct and Conflict Resolution, AVP for Student Engagement and Community Life or designee.  This consideration is limited only to the parameters of the conditions and DOES NOT include review of the finding of responsibility or status. 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.
5. Upon reviewing the Appeal Request, the University Appeals Officer will determine if sufficient grounds for the appeal exist, and if so, the University Appeals Officer will determine the applicable Appeal Process (defined below).
6. The Student requesting the Appeal will be informed of the threshold determination within approximately 5 business days of submitting the appeal.

If the University Appeals Officer determines the threshold for appeal is met, they will assign the appeal to the appropriate process, an Administrative Appeal or University Appeals Board Hearing.  Regardless of the type of appeal, any appeal reviewed under this policy will be conducted in an impartial manner by an impartial decision maker(s).

1. Administrative Appeals
   1. The following types of cases shall be subject to an Administrative Appeal:
      1. Appeals of decisions made by the Center for Residence Life for violations of the Student Conduct Process (D18.0) and resulting in Probation.
      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.
      3. Appeals of pre-hearing determinations such as Policy D.19 or C.27 case dismissals, Interim Actions, or other pre-hearing decisions made by the TIX Coordinator or Student Conduct Officers.
   2. Administrative Appeals are heard by the Student Conduct Appeals Officer (or designee). 
   3. All relevant information from the original case or decision including the recording, original documentation and charge and outcome letters as well as previous related cases, will be reviewed and a determination will be finalized. There is not a hearing held for this review. 
   4. The decision of the Appeals officer or designee is final and cannot be appealed further.
2. University Appeal Board Hearing
   1. The following types of cases shall be subject to a University Appeal Board Hearing
      1. Appeals of decisions made by a Student Conduct Officer for violations of the Student Conduct Process (D18.0) and resulting in Suspension or Expulson.
      2. Appeals of all decisions made by Student Conduct Officers/Panels for violations of the Student Gender-Based and Sexual Misconduct Policy (D19.0) and Student Appeals under the TIX Sexual Harassment Policy (C.27).
   2. All relevant information from the original case including the recording, original documentation and charge/outcome letters as well as previous related cases, will be reviewed and a determination will be finalized by the Board.
   3. 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.
   4. Each party may request a one-time delay of any timeframe under this Policy of up to five (5) days for good cause – which may be granted or denied in the sole judgment of the University Appeals Officer based on the stage of the process – provided that the requestor provides reasonable notice and the delay does not overly inconvenience other parties. For example, a request to take a five-day pause made an hour before a hearing for which multiple parties and their Advisors of Choice are scheduled to appear and prepared for will generally not be granted, while a request for a five-day pause in the middle of investigative review of new evidence to allow a party to obtain certain documentary evidence shall generally be granted. Absent extenuating circumstances, a change in an Advisor of Choice does not automatically justify a delay request will be granted.
   5. The decision of the Board is final and cannot be appealed further.
   6. University Appeals Board Members
      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 and two members of the RIT faculty, staff and student community.  Students may serve on matters related to the D.18 policies only.
      3. All members of the UAB will each have the right to one (1) vote, decisions are not required to be unanimous.       
3. In addition to the processes set forth above, all Appeals shall be further subject to the  Student Conduct Appeal Procedures.

Upon completion of an Administrative Appeal or University Appeal Board Hearing, the final determination may:

1. Upload the original hearing determination of responsibility, status and conditions;
2. Modify the original hearing determination of responsibility, status and conditions;
3. Remand the case for further review by the original hearing officer/panel OR for an entirely new hearing.  Students in a remanded case would have the same rights to appeal the new outcome determination.

Responsible Office: 
Center for Student Conduct and Conflict Resolution

Effective Date: Approved June 1, 2018

Policy History:
Policy approved and interim status removed 26 September 2018

Revisions approved by University Council on April 22, 2026