Appeal Process

A student found responsible for violating the Code through the formal investigation process has a right to appeal if suspension or expulsion are imposed.

If an outcome other than suspension or expulsion is imposed as a result of a formal investigation, a student may request in writing a discretionary appeal to the designated Appellate officer. A request for a discretionary appeal must be in writing and submitted to the Appellate officer within five (5) business days of the notice of decision. The Appellate Officer must notify the student in writing of whether the appeal will be permitted and if permitted, the below appeal deadlines apply from the date of that decision.

All appeals must be made in accordance with procedures outlined in this section.

1. Important Information about Appeals:

• The appeal is the final step in the conduct process.
• An appeal does not provide a second meeting or review of the case. The appeal process will be based on the existing record and the appeal criteria.
• Situations may occur that shift the time frame of the appeal process. Considerations will be given for extenuating circumstances, including but not limited to, College holidays, family crisis, trauma, and medical/non-medical emergencies. Any extensions are made at the discretion of the SSAO.
• Students are encouraged to consult with the SSAO and external resources about the appeal process prior to submitting the request for an appeal.

2.     Appeals Criteria:
A student may only appeal upon one or more of the following grounds:

• The appeal is the final step in the conduct process.
• A material procedural error occurred that significantly impacted the outcome of the factual findings, outcomes, or both (e.g., substantiated bias, conflict of interest, or material deviation from established procedures).
• There is new information, unavailable during the formal investigation that could substantially impact the decision or the outcome. The new information must be included with the student’s request for appeal and the student must show that the new information was not known to them at the time of investigation. Failure to participate in the initial investigation does not constitute new information for the appeal process.

3.     Initial Review of Appeal:
Regardless if a case is appealed, all outcomes imposed in the case will go into effect immediately unless they are officially stayed pending the appeal decision.
Appeals must be filed in writing within five (5) business days of the notice of the initial conduct decision or decision allowing discretionary appeal. A student may file a written appeal by completing and submitting the College’s appeal form, if applicable, and sending it to the Appellate Officer. It is the student’s obligation to provide any and all materials for consideration at the time of appeal submission. Subsequent information and/or revisions to the appeal after initial submission will not be accepted.

Upon receipt of an appeal, the Appellate Officer shall conduct an initial review to determine if the appeal meets the limited appeals criteria and is timely. The student will receive notification about the decision of the initial review of appeal within five (5) business days of receipt of the student’s appeal. If the appeal is found to meet these criteria, the Appellate Officer shall give written notice to other involved parties, if applicable, to allow the other parties an opportunity to provide a response to the appeal.

4.    Appeal Determination:
If it is determined an appeal meets the appeal criteria, the Appellate Officer will review the appeal.

In reviewing the appeal, the Appellate Officer may only consider the information contained in the record of the case, but may seek clarification of the decision rendered by the SSAO.

Upon review of an appeal, the Appellate Officer shall have the authority to:

• The appeal is the final step Deny the appeal and affirm the initial decision and outcomes.
• Find that a material procedural error occurred (e.g., substantiated bias, material deviation from established procedures) that impacted the outcome and refer the case back to the SSAO or an alternate designee with instructions to reconvene the investigation and/or the Appellate Officer may otherwise correct the procedural error.
• Find that the student has presented new information that is material to the decision or outcome of the case. Upon this finding, the Appellate Officer shall conduct or request appropriate additional steps (such as requesting additional investigation by the SSAO) and/or modify the decision and outcome accordingly.

The Appellate Officer will notify the student in writing of the decision, typically within ten (10) business days of completing the review.

During this appeal process, if the Appellate Officer requires additional time, they shall promptly notify the parties.