How to File an Appeal
Basis for Appeal
A student found responsible by a Panel for violating the Honor Code, Fundamental Standard, or other university policy may file an appeal under one or more of the following five limited bases of appeal:
- Compelling new evidence;
- Bias or conflict of interest on the part of a member of a Hearing Panel;
- Significant error on the part of the Conduct Investigator or the Conduct Advisor;
- Other significant procedural error, including inappropriately high level of review; or
- Violation of any rights of the Responding Student enumerated in this Charter.
Appeal Timeline
- An appeal must be filed within 20 days following notice of the Hearing Panel outcome. The Responding Student may, within this deadline, request that the Director provide additional time for filing an appeal if there are extenuating circumstances.
- All documentation in support of an appeal must be submitted with the appeal by the deadline.
- OCS will endeavor to schedule an Appeal Panel within 20 days of a Responding Student filing an appeal.
- If desired, a responding student may submit a counter-response—addressing only points raised in the official OCS response—within ten days of the official OCS response.
What Happens Next?
Once the appeal has been submitted, the Office of Community Standards will respond in writing. The appellant will receive a copy of the written response and have the opportunity to submit a written counter-response. The staff member facilitating the appeal will schedule an Appeal Panel. The same bias check practices and procedures as used in the original hearing will be followed for the Appeal Panel. Panelists may not have an actual or reasonably perceived bias or conflict of interest, and OCS has the authority to remove such a Panelist. If a Panelist discovers that they have a conflict of interest of bias, they must withdraw and be replaced. OCS will provide the Parties with the names of the Panelists for identification of bias or conflicts of interest. The Conduct Advisor determines whether the bias or conflict of interest is reasonably based, and if so replaces the Panelist. A Panelist who has served on a Hearing Panel for a concern must not serve on the Appeal Panel for that concern.
The staff member facilitating the appeal will submit to the Appeal Panel all documentation relevant to the claim, including the appeal and supporting materials, the OCS response to the appeal, and the student’s counter-response. Documentation from the original hearing and other materials as appropriate and relevant to the ground(s) for the appeal will also be available.
At its discretion, the Appeals Panel may choose to decide the matter on the submitted materials only or elect to include live testimony from the appellant and/or other witnesses. Deliberations of the Appeal Panel are confidential. The appellant will be notified of the Appeal Panel decision following the conclusion of deliberations.
The Appeal Panel has the following options:
- deny the appeal;
- reduce the sanctions;
- dismiss the original charges;
- return the case to the original Hearing Panel; or
convene a new Hearing Panel to rehear the charges.
If the Appeal Panel fails to reach a majority on any of the above actions, the result of the original Hearing Panel stands.
In Cases of Expulsion
If a sanction includes expulsion from the University, the concern must be reviewed by the Provost, who may either approve the expulsion or impose lesser sanctions. This review occurs subsequent to any appeal under this Charter.
Please call 650.725.2485 or email with any questions or requests for additional information.