The Appeal Process

The following procedures will be used in considering an appeal in student disciplinary cases:

1. Students desiring to appeal a disciplinary decision must submit a statement in writing with a justification for the appeal to the Student Affairs Office by 4:00 PM of the fifth class day after the day on which a penalty has been imposed. If the student needs extra time to prepare, it may be granted at the discretion of the Dean of Students if requested within 24 hours of receipt of the charge.
2. The appeal may be no longer than three typed pages and must concentrate on points of contention that justify appeal consideration.
   • An appeal may be filed on one or more of the following grounds only:
     • A procedural irregularity or substantive error occurred that significantly impacted the outcome of the hearing (ex. substantiated bias/conflict of interest or material deviation from the established procedures as outlined in this Policy).
     • Newly discovered evidence, which was not reasonably available at the time of the hearing. A summary of this new evidence and its potential impact must be explained on the appeal form.
     • The sanctions-imposed fall outside the range of sanctions designated for this offense and the cumulative conduct history of the responding party.
3. The jurisdiction rendering the original decision will be given a copy of the student's statement of appeal and will be required to submit a statement addressing the student's contentions and/or justifying the original decision.
4. The written material for a judicial appeal will be forwarded to the Judicial Appeals Committee or the dean of students for consideration.
   • Under certain circumstances. the dean may decline to hear the case. In this case, the Judicial Appeals Committee will conduct the appeal.
5. In considering an appeal, the Judicial Appeals Committee or the dean of students will:
   • Be given the statements of the parties involved (student appeal and statement of the disciplinary jurisdiction).
   • Consider the statements as submitted by the parties.
   • Render a decision by majority vote.
     • Affirm the original decision.
     • Reverse the original decision.
     • Reduce the penalty. (The Judicial Appeals Committee may not increase the penalty unless additional evidence has been introduced since the original decision.)
6. The parties involved will be notified in writing of the decision within 72 hours of the decision unless the Judicial Appeals Committee or the dean of students desire to acquire additional information pertaining to the case.
7. In matters concerning civil rights and Title IX cases, the students will not be on the committee. In these cases, the Title IX appeal board will hear the case. Full policy located at https://www.desales.edu/consumer-information/title-ix​