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Office for Student Conflict Resolution

University of Illinois at Urbana-Champaign

Article III: Appeals

Section 3.01 – In General

  1. Jurisdiction. The Executive Director accepts appeals from all final disciplinary actions that are not of record (i.e. do not appear on the academic transcript) of a DO, the Director of Registered Student Organizations, and the Residence Hall Judicial Council (RHJC).

    The appropriate subcommittee accepts appeals of all final disciplinary actions of DO involving sanctions that are of record (i.e. are noted on the academic transcript). Appeals of Interfraternity Council and Panhellenic Council decisions are referred to the Board of Fraternity Affairs and the Board of Sorority Affairs, respectively.

    Pursuant to University Statutes, the Senate Committee on Student Discipline (SCSD) accepts appeals from all final disciplinary actions of its subcommittees on Student Conduct. The SCSD will also accept appeals of decisions of the Director of Registered Student Organizations in cases involving the suspension or revocation of an organizationís recognition.
  2. Grounds for Appeal. Appeals are not new hearings. Rather, the appellate review will be limited to a record of the original hearing and supporting documents. The appellant must provide a Notice of Appeal in writing as defined below. The appellant must base the appeal exclusively on one or more of the grounds below:
    1. The hearing was not conducted fairly or in conformity with prescribed university procedures. The appellant must show that any alleged bias or deviation from these Student Disciplinary Procedures is likely to have adversely affected the outcome of the original hearing.
    2. Any sanctions imposed by the hearing body were not appropriate for the violation(s) for which the student was found responsible.
    3. New, substantive information, sufficient to alter the decision, exists and was clearly not available at the time of the original hearing.

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Section 3.02 – Appeals to the Executive Director

  1. Who May Appeal. The respondent may appeal a decision to Executive Director. The Dean of Students may also appeal a decision, but only if he/she determines that the decision was manifestly unfair to the university community.
  2. Respondent's Notice of Appeal. The respondent must submit a Notice of Appeal to the Executive Director within five business days of the original decision. Upon showing of good cause, an extension may be requested in writing and may be granted by the Executive Director.
  3. Content of Notice of Appeal. The Notice of Appeal must contain at least the following: (1) specific grounds for appeal; (2) specific relief requested (3) appellant's reasons in support of the relief requested. Appeals must be formal letters written and signed by the respondent. Verbal appeals are not accepted.
  4. Sanction Held in Abeyance Pending Appeal. The effective date of any sanction will be held in abeyance automatically during the period in which an appeal may be filed and until the Executive Director reaches a decision on any appeal filed; however, the Executive Director has the right to retain certain conditions or restrictions, particularly those related to life-safety issues and "no contact" directives.
  5. Appeal Review. The Executive Director may conduct interviews with parties involved in the matter (e.g. disciplinary officers, appellant, witnesses, and alleged victim).
  6. Authority of Executive Director. If one of the three grounds for appeal has been met, the Executive Director may:
    1. Affirm the action, at which time the matter will be considered final and binding upon all involved.
    2. Reverse the action taken by the original hearing body and dismiss the case. A case will only be dismissed only in rare and extreme circumstances.
    3. Remand the case to the original or new hearing body for a new hearing.
    4. Increase or decrease any sanctions imposed based on information presented during the appeal process.
  7. Notice and Record of Decision. A decision will be communicated to the appellant and hearing officer within five days of the conclusion of the Executive Directorís review of the case.

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Section 3.03 – Appeals to Subcommittees and SCSD

  1. Who May Appeal. The respondent may appeal a decision to a subcommittee or the SCSD, as appropriate. The Dean of Students may also appeal a decision, but only if he/she determines that the decision was manifestly unfair to the university community.
  2. Respondent's Notice of Appeal. The respondent must submit a Notice of Appeal to the Executive Director within five business days of the date on which notice of the action of the original hearing was transmitted to the student. Upon showing good cause, an extension may be requested in writing and may be granted by the Executive Director.
  3. Content of Notice of Appeal. The Notice of Appeal must contain at least the following: (1) specific grounds for appeal; (2) specific relief requested (3) appellant's reasons in support of the relief requested. Appeals must be formal letters written and signed by the respondent. Verbal appeals are not accepted.
  4. Sanction Held in Abeyance Pending Appeal. The effective date of any sanction will be held in abeyance automatically during the period in which an appeal may be filed and until the committee reaches a decision on any appeal filed; however, the SCSD and subcommittees have the right to retain certain conditions or restrictions, particularly those related to life-safety issues and "no contact" directives.
  5. Appellate Review.
    1. The hearing of any appeal will be scheduled by the Executive Director for the most expedient meeting of the SCSD or subcommittees following the date of the filing of the notice of appeal. The Executive Director will notify the appellant of the date, time, and place of the hearing in writing at least five days prior to the hearing.
    2. A quorum for hearing an appeal shall consist of five authorized, voting members of the SCSD or subcommittee. [Please note: special quorum requirements of some subcommittees are noted elsewhere in this document].
    3. The appeal hearing will be closed, but the appellant may be accompanied by an advisor.
    4. The appellant will present a brief (no more than ten-minute) statement detailing his/her rationale for appeal.
    5. The Chair of the Committee/hearing officer responsible for the original decision or a member designated by the Executive Director will attend the hearing and may make statements regarding the original hearing. Any such statements will be made in the presence of the appellant and his/her advisor.
    6. No person may address the committee without the express consent of the Chair of the committee/subcommittee.
  6. Deliberations. The SCSD/subcommittee will deliberate on the appeal in executive session. The Executive Director may authorize non-voting parties (such as University Counsel) to be present for deliberations. Appeal decisions of the SCSD/subcommittee are made by a two-thirds majority vote of the members present, including the Chair. Absent a two thirds majority to the contrary, the decision of the original hearing body shall be affirmed.
  7. Authority of SCSD/subcommittee. If one of the three grounds for appeal has been met, the SCSD/subcommittee may:
    1. Affirm the action, at which time the matter will be considered final and binding upon all involved.
    2. Reverse the action taken by the original hearing body and dismiss the case. A case will only be dismissed in rare and extreme circumstances.
    3. Remand the case to the original or new hearing body for a new hearing.
    4. Increase or decrease any sanctions imposed based on information presented during the appeal process.
  8. Notice and Record of Decision. A decision will be communicated to the appellant and, when applicable, the Chair of the appropriate subcommittee of the action taken within 5 days of the date the SCSD/subcommittee has reached a decision.

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