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Appeal

X. Appeal

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Procedures: An accused student, or a presenting party who has been a victim of a violent act, who has been informed of the outcome of a student conduct hearing may submit an appeal, in writing, to the Office of Student Conduct and Dispute Resolution via the link provided in the Hearing Decision Letter or by a letter sent to the Office of Student Conduct and Dispute Resolution. The written appeal must state the grounds upon which the appeal is based. Students are not able to appeal a hearing decision if they fall into one of the following categories: 1) failed to attend their prehearing conference or scheduled hearing and has been issued a decision in absentia; 2) accepted responsibility and was issued a decision at his/her prehearing conference that was accepted; or 3) was issued a warning as the hearing outcome Grounds for appeal are allegations that: (1) the sanction administered by the original student conduct entity is unjustified in its severity or leniency; (2) the weight of evidence did not justify a finding of responsible or not responsible; (3) the basic tenets of due process provided by this document were omitted, ignored, or violated by the original student conduct entity; or (4) new evidence exists that is relevant and that was unobtainable at the time of the original hearing. The appeal petition must be written by the appellant. Exception: A student may choose to have his/her attorney draft the letter of appeal only in cases where there are pending felony charges. The appeal petition must be received in Office of Student Conduct and Dispute Resolution, or designated location, no later than five (5) consecutive class days following receipt of the original decision or it is deemed invalid and the appeal will not be considered. With the exception that the petition must cite appropriate grounds for appeal enumerated above in order to be valid, there is no prescribed form for a petition for appellate review. The appellant has the responsibility to make the petition sufficiently lucid and detailed so as to allow the Appeal Officer to understand the nature of the petition. If the Appeal Officer determines that a petition is improperly drafted or that it is insufficiently detailed, the Appeal Officer shall inform the petitioner and he/she shall have the right to submit an amended appeal within three (3) consecutive school days following said notification. If the appeal is not resubmitted in the specified time given, the appeal will not be considered.

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