H. Appeals and Appeal Boards
Grounds for Appeal and Procedures
Any student wishing to appeal the decision of any hearing officer/board must complete the online appeal form located at: http://www.elon.edu/e-web/students/conduct/appeal.xhtml . Appeals must be submitted by 5 p.m. on the fifth working day after the initial decision is rendered. Any exceptions are made at the discretion of the assistant dean of students (or designee).
Appeal requests are subject to the procedures outlined below. The written appeal must be clear, specific, and contain a detailed statement regarding the grounds for appeal. Appeals are not rehearings, and they are not granted on the basis of disagreement with the original decision. The primary basis for the decision will be the written appeal, but the appeal officer or board may consider other information relevant to the appeal request, including but not limited to outcome letters, the case file, written notes from investigators or hearing officers, and consultation with individuals involved in the original hearing and decision.
Appeals may be considered by an appeal officer or appeal board. Only appeals based on the following grounds will be considered:
New Facts
Discovery of substantial new facts that were not reasonably available at the time of the hearing and are material to the original finding or sanction. Withholding information or declining to participate in the original hearing is not grounds for an appeal based on discovery of new facts. If the appeal is based on substantial new facts the request must outline the following:
- Source of new information and complete explanation of that information;
- Name(s) of who can present this information;
- Reason(s) why this information was not presented at the original hearing; and
- Reason(s) why this information may contribute to a decision other than that which was originally made.
Arbitrary and Capricious Sanctioning
Sanctions may be changed only if they are substantially disproportionate to the conduct violation, considering any mitigating and aggravating factors, including but not limited to disciplinary history of the student found responsible. Grade-related sanctions for academic policy violations may not be appealed. If the appeal is based on arbitrary or capricious sanctioning, the request must outline why the assigned sanctions do not fit the Code of Conduct violation.
Procedural Violation
If it is believed there was a substantial violation of the hearing procedure that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures that could affect the outcome of the hearing, etc.), the appeal request must outline the following:
- Citation of specific procedural errors with appropriate reference;
- Reason(s) why procedural error was not mentioned in the original hearing; and
- Reason(s) why correction of error can contribute to a decision other than that which was originally made.
After the submission of a request for an appeal, all sanctions imposed by the original hearing body remain in effect until a final decision is made and communicated to the student(s). (Exceptions to this policy are at the discretion of the assistant dean of students, or designee).
Administrative Appeals (for appeals of any social policy violations that result in a sanction less than disciplinary suspension or permanent separation):
When original sanctions for social policy violations are less than disciplinary suspension or permanent separation from the University, the director of student conduct or the assistant dean of students will serve as the appeal officer. In cases where the assistant dean of students was the hearing officer, the associate vice president for student life/dean of students will serve as the appeal officer. The appeal officer has the sole discretion to refer an appeal request to the University Appeal Board.
When the incident involves a reporting party, the reviewer will also share the appeal by one party with the other party (e.g., if the responding student appeals, the appeal is shared with the reporting party, who may also wish to file a response or request an appeal).
If the appeal is not timely or the appeal officer does not find grounds to change the decision or take other action, the original finding and sanction will stand and the decision is final.
The appeal officer has the authority to:
• Uphold the original decision;
• Uphold the original decision but change the sanction (more or less severe);
• Change the not/responsible decision; or
• Remand the case to the original hearing officer or hearing board.
The decision of the appeal officer is final.
University Appeal Board (for appeals from any academic policy violations or for social policy violations that result in sanctions of suspension or permanent separation but do not involve sexual misconduct violations)
When the student has been found responsible for an academic policy violations, the associate provost for academic and inclusive excellence or will convene a panel of the University Appeal Board to consider and decide the appeal.
When the student has been found responsible for a social policy violation and the sanction includes disciplinary suspension or permanent separation, the assistant vice president for student life/dean of campus life will convene a panel of the University Appeal Board to consider the appeal. (Note, for academic policy cases, the student may request an appeal of the Honor Board decision or the university-related sanctions assigned by the assistant provost for communications and operations, but grade-related sanctions may not be appealed.)
The panel of the University Appeal Board is comprised of the assistant vice president for student life/dean of campus life (for social policy cases) or associate provost for academic and inclusive excellence (for academic integrity policy cases) as the convener; one student member of the SGA Executive Council (or a student member of the University Honor Board if there is a conflict of interest); and a faculty member. The panel is drawn from the membership of the University Appeal Board, with the following requirements to serve:
- they did not serve on the panel for the initial hearing;
- there is no conflict of interest or bias;
- they were not involved in the investigation in any way; and
- they have been properly trained on the Honor System, Code of Conduct, and appeals procedures.
The responding student will be provided names of panelists to address any potential conflicts of interest or bias. Potential panelists will also be provided name of the responding student to address any potential conflicts of interest or bias, and panelists who feel they cannot make an objective determination must recuse themselves. Should any party object to any panelist, that party must raise all objections, in writing, to the convener immediately. Panelists will only be replaced if the convener concludes that thy have a conflict of interest or bias that may preclude an impartial review of the appeal.
When the incident involves a reporting party, the reviewer will also share the appeal by one party with the other party (e.g., if the responding student appeals, the appeal is shared with the reporting party, who may also wish to file a response or request an appeal).
If the appeal is not timely or the University Appeal Board does not find grounds to change the decision or take other action, the original finding and sanction will stand and the decision is final.
The University Appeal Board has the authority to:
• Uphold the original decision;
• Uphold the original decision but change the sanction (more or less severe);
• Change the not/responsible decision; or
• Remand the case to the original hearing officer or hearing board.
The decision of the University Appeal Board is final.