Appeals

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Not every case may be appealed. An appeal may only be filed if the sanctions include termination of residence hall contract, suspension, or expulsion. Regardless of the sanction imposed, if the case involved allegations of Sexual Miconduct (Student Code section F.4.a-c) or Protected Class Discrimination or Harassment (Student Code section F.9.b) and was determined under the conduct process outlined in Appendix 1 of the Student Conduct Code, there is no appeal. In addition, if the case involved allegations of a crime of violence (murder, robbery, sexual assault, aggravated assault, burglary, motor vehicle theft, or arson, see Student Conduct Code, section l.5), either the student being charged or the complainant may request an appeal.

At the University of Colorado Boulder we have two appeal options available to students. If the student lives in on campus student housing, they are subject to the Housing and Dining Services Conduct Appeals process. If the student lives off campus or the case has been referred to the Office of Student Conduct, then the student will file an appeal utilizing the Office of Student Conduct Appeals process. For more detailed information regarding the appeal process please see the Student Code of Conduct section K.

Either the charged student or the complainant of a crime of violence (as defined by the Campus Security Act, see section L.5.) may file a request for appeal in accordance with procedures outlined in this section. The appeal is the final step in the conduct process. An appeal does not provide a second hearing of the case. The review on appeal will be based on the existing record, or new information provided per 2. A.iii or 3.a.iii below, as well as the information provided to the appeal officer in the student’s request for appeal and information the conduct officer may present regarding the rationale for the decision. Deviation from the procedures in this code will not invalidate a proceeding or decision or be a basis for appeal except where such deviation has clearly resulted in significant prejudice to an accused student.

2. Office of Student Conduct Appeals

  1. a. Grounds for Appeal

    A student may only appeal if the sanctions of termination, suspension, or expulsion were imposed. A student may appeal upon one or more of the following grounds:

    1. The established procedures were not followed in a significant way and as a result, the factual findings, the sanction, or both, were not correct.
    2. The severity of the sanction imposed was not appropriate based on the nature of the violation or the circumstances. In cases in which a charged student has accepted responsibility, such appeals are limited to having the severity of the sanction reviewed.
    3. There is new information that would have been material to the outcome, had the information been presented at the hearing or administrative review. The new information must be included with the student’s request for appeal. Also, the student must show that the new information was not known to the person appealing at the time of the original hearing or administrative review.

  2. Process

    Students residing off campus must file their appeals by the date specified in the original decision letter from the Office of Student Conduct. If a student files an appeal, s/he will be informed of the outcome when the appeal process has been completed. An appeal will only be considered if it includes the request for appeal form, the student’s criteria for appeal, and rationale for appeal. It is the student’s obligation to provide any and all materials she/he wishes to have considered at the time of appeal submission. Subsequent information and/or revisions to the appeal will not be accepted. The Director of the Office of Student Conduct or his/her designee will make the decision as to whether these conditions have been met. A student may file an appeal by delivering it to the Office of Student Conduct. The request for appeal form is available in the Office of Student Conduct, or click to download Student Conduct Appeal Form. In general, the filing of an appeal shall result in a stay of the sanctions imposed on the appealing student, unless the welfare of the individual or the community is threatened. Students are encouraged to consult with all resources about the appeal process prior to submitting the request for an appeal.

  3. Actions Available to the Student Conduct Appeal Committee

    The Student Condunct Appeal Committee shall have the authority to:

    1. Affirm the initial decision.
    2. Find that improper procedures were used, to the prejudice of the student. In this case, the appeal officer can refer the case back to the conduct officer with a recommendation on how to correct the procedures. The conduct officer may make a new decision on the case. The student may then submit another request for appeal, if the case is referred back and the student again has grounds to appeal after the new decision.
    3. Reduce or increase the sanction, if the Student Conduct Appeal Committee determines that the sanction imposed was too severe or too lenient, given the nature of the violation and/or the circumstances. A sanction should not be increased or decreased unless there is compelling justification to do so. Merely disagreeing with the decision of the conduct officer is not a compelling justification.
    4. Find that (a) the student has presented information that would have been material to the outcome of the case, had the information been presented at the conference or hearing, and (b) The information was not known to the person appealing at the time of the original administrative review. In this event, the Student Conduct Appeal Committee will refer the case back to the conduct officer for reconsideration in light of the new information.

3. Housing and Dining Services Conduct Appeals

  1. Grounds for appeal

    A student may only appeal if the sanctions of termination in abeyance, suspension in abeyance, termination, suspension or expulsion were imposed. A student may appeal upon one or more of the following grounds:

    1. The established procedures were not followed, in a significant way, and as a result, the factual findings, the sanction, or both were not correct.
    2. The severity of the sanction imposed was not appropriate based on the nature of the violation or the circumstances.
    3. There is new information that would have been material to the outcome, had the information been presented at the conference or hearing. The new information must be included with the student’s request for appeal. Also, the student must show that the new information was not known to the person appealing at the time of the original hearing.

  2. Process

    If a student files an appeal, s/he will be informed of the outcome when the appeal process has been completed. Students must file their appeals within three working days from the first date the hall office notifies the student via email that the decision letter is complete.

    An appeal will only be considered if it includes both the student’s criteria and rationale for appeal. It is the student’s obligation to provide any and all materials she/he wishes to have considered at the time of appeal submission. Subsequent information and/or revisions to the appeal will not be accepted. The appeal committee chair(s) and advisor(s) will make the decision as to whether these conditions have been met. A student may file an appeal by delivering it to the Residence Life Administration Office (Center for Community S380). The request for appeal form is available in the Center for Community room S360, at the front desk of any residence hall office, or at Housing and Dining Services Appeal Form. In general, the filing of an appeal shall result in a stay of the sanctions imposed on the appealing student, unless the welfare of the individual or the community is threatened. Students are encouraged to consult with all resources about the appeal process prior to submitting the request for an appeal.

  3. Actions Available to the Appeal Committee

    The appeal committee shall have the authority to:

    1. Affirm the initial decision.
    2. Find that improper procedures were used, to the prejudice of the student. In this case, the appeal officer can refer the case back to the conduct officer or conduct board with a recommendation on how to correct the procedures. The conduct officer or conduct board may make a new decision on the case. The student may then submit another request for appeal, if the case is referred back and the student again has grounds to appeal after the new decision.
    3. Reduce or increase the sanction(s), if the appeal committee determines that the sanction imposed was too severe or too lenient, given the nature of the violation and/or the circumstances.
    4. Find that (a) the student has presented information that would have been material to the outcome of the case, had the information been presented at the conference, and (b) the information was not known to the person appealing at the time of the original hearing. In this event, the appeal board will refer the case back to the conduct officer or conduct board for reconsideration in light of the new information.
 
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