X. Due Process

Students will be assured of fair and equitable treatment through consistent adherence to the due process procedure as described below:

  1. A notice in writing of any complaint(s) filed against the Respondent and the opportunity to be made aware of the complaint against him or her;
  2. A Preliminary Hearing for the purpose of rebutting the complaint(s) will be scheduled within five (5) business days, if at all possible, after a notice of the complaint(s) have been sent to the Respondents email address of record;
  3. The opportunity to admit or deny the alleged violation(s) and request an Administrative or Non-Academic Conduct Committee Hearing;
  4. The opportunity to bring to the Administrative or Non-Academic Conduct Committee Hearing an advisor /support person of his or her choice. The advisor/support person will not participate in the hearing, but will serve only in an advisory capacity to the Respondent involved. The Complainant has the right to be assisted by an advisor of his or her choice, as well;
  5. Upon receiving notification of the outcome of a hearing, the Respondent or Complainant may request an appeal to the Assistant Vice President for Student Life within five (5) business days of the date of notification of the decision to the Respondent and Complainant email address of record. Failure to file a request for appeal within the prescribed time constitutes a waiver of any right to an appeal. A request for appeal is not a new hearing, but is a review of the record of the original hearing. When submitting a request for appeal, the Respondent and Complainant must provide a rationale for the appeal and adequate information (including documentation) to support the appeal. A request for appeal must be based on one or more of the following: 1) Denial of a fair and reasonable hearing; 2) The decision was not reached in accordance of the facts presented; 3) The sanction is extraordinarily disproportionate to the violation; or 4) There is new information not reasonably available at the time of the hearing. If the request for appeal is not based on one of these factors, the request will be denied. If you would like to request an appeal regarding this decision, then you must complete the Non-Academic Student Conduct Appeal Form located on the Student Engagement’s website, within five (5) business days of receiving the decision letter. The form is located on the Resources tab under forms.

    Upon receipt of the request for appeal, the Director of Student Engagement, or designee, will determine whether the written appeal states one of the grounds for appeal. If the written appeal does not state one of the grounds for appeal, the parties will be notified that the appeal will not be processed for failure to state an acceptable ground for appeal. If an accepted basis for appeal is stated, the Director of Student Engagement, or designee, will forward the appeal and written response received to the Assistant Vice President for Student Life to determine the appeal. The review will be completed within thirty (30) calendar days of the date of receipt of the student's letter, if at all possible. The appeal decision may uphold the original hearing decision, modify the hearing decision, overturn the hearing decision, or refer the case back to the original hearing officer or committee. The decision of the Assistant Vice President for Student Life is final.