Chapter 2 Student Conduct and Discipline
Either the accused student or the Dean of Students' Office may appeal the decision of the Hearing Officer.
The appeal of a decision of the Hearing Officer shall be to the President. The decision of the President shall be the final appellate review.
- An appeal of a penalty assessed by the Dean of Students Office or of the Hearing Officer shall be perfected by giving written notice of appeal to the President no later than 14 days after the date the appealing party was notified of the decision. If notice of the decision is mailed, the date of mailing starts the 14-day period for appeal.
- In an appeal of the decision of the Hearing Officer, the Dean of Students Office shall assemble the record in the case as set forth in Section 2-701.A. and file the record with the President within 14 days after notice of appeal is received by the President.
- Both parties may file a written argument or brief with the President within 14 days after notice of appeal is received and the record from the hearing, if any, is available. At the request of the President, the recording of the hearing will be transcribed and both parties will be furnished a copy of the transcript.
- An appeal of the decision of the Hearing Officer will be based solely upon the record specified in Section 2-701.A. An appeal of the penalty assessed by the Dean of Students Office in accordance with Section 2-403 will be reviewed solely on the basis of the written argument of the parties. The President may approve, reject, or modify the decision in question or may require that the original hearing be reopened for the presentation of additional evidence and reconsideration of the decision. If a finding as to being responsible is upheld in a case involving the illegal use, possession and/or sale of a drug or narcotic in or on a University Facility, the penalty may not be reduced below the minimum penalty prescribed by Section 2-202.L. The actions of the President shall be communicated in writing to the accused student and the Dean of Students Office.
- Written arguments or briefs of both parties may be considered by the President. At the discretion of the President, oral arguments may be presented. Within 30 days after the record is received, the President will issue a decision on the appeal.
- An appeal of the decision of the Dean of Students Office or the Hearing Officer shall suspend the imposition of the prescribed disciplinary penalty pending final disposition of the appeal except when interim disciplinary action was taken.
If upon final disposition of any case in which the disciplinary penalty has been suspended during appeal, the President finds that the original disciplinary penalty can no longer be imposed because of the passage of time, the President may specify a new period of time for which the original disciplinary penalty will be imposed. In any case where imposition of the original disciplinary penalty will no longer be effective because of a change in the status of the student involved, the President shall prescribe a substitute disciplinary penalty deemed appropriate to the conduct involved.