This section describes the procedures in place to file an appeal of the outcome of a hearing.
6.1. Information Regarding Appeals
An appeal is not a new hearing; it is a procedural safeguard to ensure students receive a fair hearing and equal access to rights granted in this Code. An appeal may be filed by a respondent or by a complainant or respondent in cases adjudicated under Article 4.2. The person filing the appeal is referred to as the appellant.
6.2. Basis for Appeal
6.2.1. Procedural Irregularity – An allegation of material procedural irregularity which both a) denied the appellant a right set forth in the Code or provided by law and b) likely altered the outcome.
6.2.2. New Evidence – An allegation that there is evidence which a) is likely to have altered the outcome and b) was not available at the time of the hearing. Failure to present evidence or information available at the time of the hearing is not grounds for appeal.
6.2.3. Bias or Conflict of Interest – An allegation that the hearing officer had a conflict of interest or bias for or against complainants or respondents generally which likely altered the outcome of the matter. Allegations must be based on specific actions, behaviors, or statements. Appeals based on stereotypes or generalizations of hearing officer characteristics will not be accepted.
6.3. Burden of Proof
The burden of proof rests on the appellant to show a valid basis for appeal. The appellant must show that it is more likely than not that the alleged basis for appeal exists and affected the outcome of the hearing.
6.4. Timeline for Appeal
6.4.1. An appellant has three days following the receipt of written notification of the outcome of adjudication to file an appeal. Receipt of written notification of the outcome of adjudication is considered to have occurred when it is sent via e-mail to the student’s College-issued e-mail address. The choice by a student not to regularly access their College-issued e-mail address is not grounds for an extension.
6.4.2. Extensions shall be granted at the sole discretion of the Dean of Students and shall only be granted for good cause or in exceptional circumstances where the failure to file an appeal within the designated period was demonstrably outside the control of the appellant. The decision of the Dean of Students to grant or deny an extension shall be communicated in writing to the student and shall be final.
6.4.3. A final determination on all appeals shall be made within 5 days of receipt of the appeal.
6.4.4. Appeals which are not submitted within the timeline specified in Article 6.4.1. and are not granted an extension under Article 6.4.2. will not be considered.
6.5. Procedures for Appeal
6.5.1. If a student believes there is a basis for appeal, as defined above, a timely appeal, as defined in Article 6.4., must be submitted using the appropriate form, available at https://cm.maxient.com/reportingform.php?CollegeofWesternID&layout_id=14. The appeal must include a complete description of the basis for appeal and all supporting information and evidence which the appellant wishes to have considered in the disposition of the appeal. Appeal forms submitted with no supporting information will not be considered.
6.5.2. In cases where an appeal is filed in a case adjudicated under Article 4.2., if the complainant or respondent files an appeal, the person not filing an appeal will be notified that an appeal has been filed, as well as the basis for the appeal, and will be given an opportunity to submit any information or evidence which they believe should be considered by the appeal officer. Both parties will be notified of the outcome of the appeal.
6.5.3. In cases adjudicated under Article 4.3.5., students should attempt to address the issue with the instructor. If that is unsuccessful, the primary appeal officer shall be the instructor’s supervisor. Appellants have the right to appeal the decision of a primary appeal by the supervisor to the Academic Integrity Committee.
6.5.4. In cases adjudicated under Article 4.3.6. the appeal shall be heard by the Academic Integrity Committee.
6.5.5. When an appeal request is received, it will be reviewed to determine if it states a basis for appeal, as defined in Article 6.2., and provides information or evidence to support the appeal. If the appeal does not state a basis, or does not contain information or evidence which supports the appeal, it will be dismissed without review. If an appeal states a basis and provides information to support the appeal, it will be forwarded to an appeal officer, who will determine the outcome of the appeal based solely on the information and evidence submitted. This determination is not subject to further appeal.
The following are the potential outcomes for an appeal:
6.6.1. No Basis for Appeal – A determination that sufficient evidence is not presented in the appeal to show that the stated basis for appeal exists. The appeal is denied without further action.
6.6.2. Decision Upheld – Upon review of the information and evidence submitted, it is determined that the hearing was free of procedural irregularities which likely altered the outcome, was free from bias or conflict of interest and/or that any new evidence presented was either available at the time of the hearing or is unlikely to have altered the outcome of the hearing.
6.6.3. Decision Modified – Sufficient information or evidence was provided and the appeal officer has determined that a modification of sanctions is appropriate. A modification may only remove a sanction or reduce the length or severity of a sanction modifying a student’s status.
6.6.4. Decision Overturned – Sufficient basis for an appeal exists and a directed finding of Not Responsible for all charges is appropriate to redress the issues raised in appeal.
6.6.5. Remand for a New Hearing – Sufficient basis for an appeal exists and a new hearing is appropriate to evaluate new evidence, to correct a procedural error, or to provide the parties with an opportunity for a hearing before a neutral decision maker.