Appeal Process

Overdue Sanction Process

Sanction reminders: Students are notified by email when their Resolution Decision Letter has been sent. Four days before each sanction deadline, the student will be notified by email of the upcoming deadline.

One week after sanction deadline: Once a sanction becomes one week overdue, the Office of Residence Life will place a hold on the student’s account. The Office of Residence Life will notify the student of the hold on their account by email. The student will not be able to register for classes, and access to some services at VUSC may be limited. The hold will remain in place until the student has completed the sanctions and/or made satisfactory efforts to resolve the matter.

Two weeks after sanction deadline: Seven (7) calendar days after the hold has been placed on the student’s account, the student will receive a new charge of non-compliance and be subject to a new sanction, typically disciplinary probation. In circumstances where the student’s original sanction was disciplinary probation, the sanction may be escalated to housing removal, suspension, expulsion, etc. Disciplinary probation will remain in place for the duration of the current semester even after the sanction(s) have been completed.

Appeal Requestsfor Overdue Sanctions: Appeal requests for the student hold and the disciplinary probation will be automatically denied. Per the Student Life Handbook, appeal requests must be made within three (3) business days following the date the student’s Resolution Decision letter was sent.

When the sanctioned student disputes the outcome of a disciplinary procedure, that student may request, through the Vice President for Student Affairs, that an Appeal Committee review the decision. Sanctions may or may not be postponed or suspended pending the outcome of this appeal unless indicated in writing by of the Vice President for Student Affairs.

The appeal is not a re-hearing of the original conduct meeting, and the role of the appeal officer is not to substitute his or her own judgment for the judgment of those who rendered the original decision. The role of the appeal officer is to determine whether a new decision is warranted due to a procedural error, the availability of new information or the imposition of excessive sanctions. Therefore, a student’s appeal must be based on one or more of the following grounds: • A process or procedural error that was made that was significantly prejudicial to the outcome of the student conduct meeting as it affects the student appealing. • New information that was not available or known to the student appealing at the time of the student conduct meeting has arisen which, when considered, may materially alter the outcome. Note: Information that the appealing student chose not to present at the time of the hearing is not considered new information. • The sanctions imposed are fundamentallyunfair – considering the nature of the violation, student attitude, previous history, impact of the students’ behavior on the community and other specific circumstances – that they demonstrate an abuse of discretion by the student conduct officer or review body. It is not enough to simply assert one of the grounds for appeal. The written statement accompanying the appeal form must provide information that supports grounds upon which the student bases the appeal. For example, if the student asserts that a procedural error occurred; he or she must name the procedure with specificity and explain how the error affected the decision made.

To initiate an appellate review, the Appellant is to submit an Appeal Request form in writing, to the Vice President for Student Affairs within three days of receiving the Conduct Hearing or SACC Resolution Decision Letter.

Review of Appeal

The appeal officer will grant or deny review of decisions rendered in student conduct meetings based on the student’s written appeal.

Review Denied

Appeal officers will not review an original decision based on an appeal that fails to meet the criteria outlined above. In such cases, the appeal officer will make no inquiry beyond the written material submitted and the original decision and any sanctions imposed will stand.

Review Granted

If the student’s appeal satisfies the appeal criteria, the appeal officer will consider material and/or testimony previously presented or a written summary of the previous proceedings. The appeal officer may also meet with the student, any witnesses and/or the original decision makers prior to making a decision.

49