Appeal Information

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Conditions for Appeal

The University understands the need to have a corrective process in place to address circumstances should the conduct officer err. One or all of the following conditions must be met in order for an appeal to be considered

All sanctions imposed by the original conduct officer or committee body will be in effect during the appeal. A request may be made to the Director of Student Conduct for special consideration in exigent circumstances, but the presumptive stance of the institution is that the sanctions will stand. Graduations, Study Abroad, internships/externships, etc. do NOT in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.

The decision of the original conduct officer or committee body may be appealed to the appropriate reviewer. (see below)  The respondent student  must submit an appeal within 5 business days of receiving the written decision for a review of the decision or the outcome imposed.

An appeal of a conduct outcome may be filed only on justifiable grounds including:

1. To determine whether the original conference was conducted fairly and in accordance with the Office of Student Conduct outcomes determination and procedures.

2. To determine whether the decision reached regarding the accused student was based on substantial information to determine the preponderance of evidence and/or the level of responsibility.  This is not information you chose not to share or obtain prior to the conference.

3. To determine whether any outcome imposed (suspension, expulsion or denial of housing/network access) were appropriate and not unduly harsh for the violation(s) set forth in the Student Code of Conduct.

4.  If you are the complaining student in a sexual harassment and/or sexual misconduct case.  For sexual misconduct and/or sexual harassment cases both the complainant and the charged student can file an appeal regardless of the outcome. Both students have the same grounds to appeal and the same time frame in which to submit an appeal.

*An appeal cannot be filed simply because you are unhappy with the decision.

 

Appeal Review Designee

A student who files an appeal based upon one or more of the above criteria must do so, in writing, to the appropriate reviewer described herein:

1. Students who wish to appeal an outcome of removal/denial of student housingOR Students and/or student organizations who wish to appeal an outcome of suspension, expulsion or loss of network access issued by the University Disciplinary Committee must submit a written appeal to the Vice President of Student Experience or designee. If the outcome of suspension, expulsion, loss of network access or termination from University housing is upheld, the student/organization has the right to appeal to the Board of Regents, or its designee. The decision of the Board of Regents, or designee, is final.
2. Students who wish to appeal the outcome of a conduct process conducted by Residence Life staff for matters not covered by (1) above, must submit a written appeal to the Director of Residence Life, or designee, for final decision.
3. Student Organizations who wish to appeal an outcome of a conduct process conducted by Student Activities staff must submit a written appeal to the Assistant Vice President of Student Engagement, or designee, for final decision.
4. Students and/or Student Organizations who wish to appeal an outcome of a conduct process conducted by the Office of Student Conduct staff must submit an appeal to the Vice President of Student Experience, or designee, for final decision.

    

For each instance of a further appeal, said appeal must be submitted to the appropriate secondary or tertiary appeals officer within five (5) business days of receiving the written decision or outcome.

A participant who has the final order overturned for an appeal of suspension, expulsion, or denial of student housing/loss of network access may be entitled to actual damages from the University, including reasonable attorney’s fees and court costs (where applicable,  KRS 164.370, Kentucky Campus Due Process Protection Act.).