Appeals

A student may appeal the Hearing Outcome only on the following grounds:

Procedural Rights: A violation of procedural due process rights as afforded in Appendix C, Section IV of the Alcohol Policy and Appendix A, Section 5 of the Community Living Standards. The Student shall be required to show, by a preponderance of the evidence, that there was a material deviation from established procedures that would substantially affect the outcome;

Newly Discovered Information: Newly discovered information becomes available that was not previously available during the initial investigation or the administrative hearing process through the exercise of due diligence, and this newly discovered information would substantially affect the outcome.

Mere dissatisfaction with the Hearing Outcome is not a valid basis for appeal.

 

All appeals are to be submitted via http://tinyurl.com/DHREappeal. All appeals are to be submitted electronically. The Appellate Officer will be a designated official from the Department of Housing and Residential Education. Appeals must be filed no later than five (5) business days from the delivery of the resolution letter. For purposes of appeals, delivery shall mean transmission of the written summary by electronic mail.

The appeal shall consist of a plain, concise, and complete written statement outlining the grounds for appeal and all relevant information to substantiate the basis for the appeal. Receipt of the written appeal will be acknowledged in writing. Once a Student submits a request for an appeal, the sanction(s) will not be enforced until after the determination of a final appeal decision. Interim Administrative Actions will continue to be in place pending a final appeal decision outcome. 

On appeal, students must specify the reason for their appeal in the written request. Students should be specific and provide a basis for their appeal.

The Appellate Officer will assess the written appeal to determine whether the appeal is timely filed and, if so, whether the appeal is properly framed based on the two permissible grounds. If the Appellate Officer determines that the appeal was not timely filed or does not state one of the two permissible grounds for appeal, the appeal will be denied. If the appeal is timely filed and meets one or more of the grounds for appeal, the Appellate Officer shall review and consider solely the evidence contained in the case file. If necessary, the Appellate Officer may request to meet with the Student to discuss the appeal further in order to make a determination. No new evidence may be entered during the appeal process unless strictly outlined as a ground for appeal. New evidence may be entered if the case is remanded for a new Administrative Hearing. 

After the Appeal Review, the Appellate Officer will reach a decision after reviewing the case file, the grounds for appeal as stated in the written appeal, and any applicable discussion with the Student or other relevant witnesses.  The decision of the Appellate Officer is final, and the Appellate Officer shall submit a written rationale of the decision within ten (10) business days after the Appeal Hearing, unless extraordinary circumstances require a longer period of time. When making a determination, the Appellate Officer may:

  1. Uphold the decision of the Hearing Officer; or
  2. Overturn the decision of the Hearing Officer by:
    •     Dismissing the case;
    •     Remanding the case for a new Administrative Hearing; or
    •     Modifying the sanctions. The Appellate Officer may not increase a sanction or other penalty, but may assign a lesser sanction if appropriate.