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Student Conduct Program – Code of Conduct – Section 8

Boise State University
Student Code of Conduct

Section 8
Appeals

Appeal Process
Appeals on decisions made by the Conduct Body for nonacademic misconduct will be made to the Appellate Board via the Office of the Dean of Students.  When an appeal is made, sanctions may be placed in a pending status by the Student Conduct Administrator until the appeal process has been exhausted.  Select sanctions may remain implemented pending the outcome of the appeals process to ensure the safety and well-being of members of the University community or preservation of University property.  The pending status of sanctions does not apply in cases of Interim Sanctions (see Section 8: Interim Actions and Conduct Sanctions for more information).

  1. Both the Complainant and the Respondent have the right to file an appeal.  The University reserves the right to determine the appropriate sanctions and educational outcomes for Respondents.  Decisions made by the Appellate Board are final and cannot be appealed.
  2. All appeals will be submitted in writing, signed by the appealing party, to the Office of the Dean of Students no later than ten (10) days after the date printed on the decision letter.  Any exceptions to the appeal deadline are made at the discretion of the Student Conduct Administrator or designee.
  3. Appeals will be considered only when it is clearly established by the Respondent or the Complainant, in a concise written statement, that one of the following occurred:
    1. A substantive procedural error occurred that significantly impacted the outcome of the hearing.  Examples of a substantive procedural error may include, substantiated bias and material deviation from the established procedures.
    2. To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction.  A summary of the new evidence and its potential impact must be included with the written appeal.
    3. The sanctions imposed are substantially disproportionate to the severity of the violation.
  4. The Student Conduct Administrator or designee will determine whether the appeal has met the requirements for consideration. A decision is made based on the criteria indicated above as documented in the submitted written appeal statement.
  5. When a written appeal that meets the requirement for consideration is received, the Appellate Board will convene to review the appeal.  The review of the appeal will be in closed session.  Neither the Complainant nor the Respondent, nor the original hearing body, is allowed to be present during the appeal review.  With the exception of appeals involving new information, the Appellate Board will limit itself to reviewing the written appeal, hearing documents, and the recording of the hearing.  The Appellate Board is charged solely with determining whether the appeal has merit based on the above stated guidelines.  If the appeal is based on more than one of the above stated guidelines, the Appellate Board may reach a decision on each guideline separately.
  6. The Appellate Board will base their decisions on the information presented, and make a determination based on the preponderance of the evidence.  Decisions regarding an appeal require a simple majority vote.
  7. If an appeal is determined not to have merit, the matter will be considered final and binding for all involved.  The Appellate Board will affirm the original finding and outcome.
  8. If an appeal is determined to have merit, the Appellate Board will review and discuss all significant materials.  The Board will then recommend to the Vice President for Student Affairs or his/her designee one of the following actions:
    1. Uphold the original decision and sanctions;
    2. Require a new hearing with a new conduct body;
    3. Send the appeal back to the original conduct body for review of decision and/or sanctions.  Upon review by the original conduct body, the decision will be final, binding, and a conclusion to the appeals process;
    4. Reverse the original decision by finding that a violation or no violation of the Student Code of Conduct occurred;
    5. Amend sanctions when the original sanctions imposed are found to be substantially unreasonable for the severity of the violation.
  9. The Board will review all materials—including but not limited to, documents and recordings of hearings—whenever a substantial change is made to a decision reached at a hearing.
  10. The Vice President for Student Affairs, or her/his designee, will carry out the recommendations of the Appellate Board unless a recommendation is significantly different from University precedent for similar appeals.
  11. During the summer session or during University breaks, appeals may be reviewed and decided upon by an appeal body that includes one student, one faculty member, and one university official, each to be appointed by the Vice President for Student Affairs.