Western Kentucky University

University Disciplinary Committee Appeals

President Appeal

Procedures for

University Disciplinary Committee Appeals


1. Students desiring to appeal a decision of the University Disciplinary Committee for review by the Board of Regents shall do so by filing a written statement of notice of intent to appeal to the President of the University.  No appeal will be considered unless such notice is received in the Office of the Vice President for Student Affairs within five days, excluding holidays or weekends, following notification of the Committee's decision. 

 

2. In certain cases, the student suspended or expelled by the University Disciplinary Committee may be allowed to continue in status pending the results of the appeal. (this is at the discretion of the Director of Judicial Affairs in effort to ensure the best interest of the University)

 

3. The student shall include for the consideration of appeal a written statement of the reasons why the student thinks the decision should be modified. The Office of the Vice President for Student Affairs will review the appeal, review the procedures and determine if it meets the standard for appeal.

 

Appeals may only be filed in the event:

1. To determine whether the original conference was conducted fairly and in accordance with the Office of Judicial Affairs sanction 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 sanctions 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.

*If none of the three conditions for appeal is met, the decision of the original conference will be upheld and the responsible student is expected to comply immediately.



4.  If one of the aforementioned conditions is proven, the appeal will be forwarded to the the President.  The Vice President for Student Affairs will submit a brief written statement of response. The student's statement shall be submitted within five calendar days from the date on which the student is furnished written notification of the Committee’s decision.

 

5. Only information contained within the record of the proceedings of the University Disciplinary Committee will be reviewed on appeal. No information will be considered that was not furnished to the University Disciplinary Committee. The student may within the ten-day period instead submit any pertinent information, newly discovered or initially withheld for good cause, to the University Disciplinary Committee with a request for another hearing or reconsideration by the Committee.

 

6. When an appeal is filed, the entire record of the University Disciplinary Committee's proceedings and its decision, the student's appeal statement, and the Vice President for Student Affairs response shall be forwarded to the Office of the President.

 

7. The President, at his discretion, may review the record before transmitting it for Board consideration. The President is authorized to modify the decision of the University Disciplinary Committee in any manner found appropriate that serves the welfare of the student and the best interest of the University.

 

8. If the President does not review the decision, or after review does not modify it, the President shall transmit a copy of the record to each member of the Board of Regents for consideration as herein provided.

 

9. A subcommittee of the Board of Regents will serve as the official body to consider the appeal and render a decision on behalf of the Board of Regents.

 

10. The Committee may meet at times and places deemed by it to be necessary to provide a timely and expeditious consideration of appeals.

 

11. The Committee is authorized on behalf of the full Board to review the University Disciplinary Committee's record, the student's written appeal, and the Office of the Vice President for Student Affairs response. The committee shall determine:

 

A. Whether the decision was made in accordance with the provisions of and the procedural safeguards specified in the Statement of Student Rights and Responsibilities; or

B. Whether, in its view of the entire information before it, the decision is erroneous; or

 

C. Whether, in its view of the entire case, the welfare of the student or the best interest of the University will be served by applying no sanction or a lesser sanction or providing that the sanction shall commence on a date different from that specified by the University Disciplinary Committee.

In addition to its consideration of the student's written statement, the Committee may upon its own motion arrange for a personal appearance in conference with the student for the purpose of inquiring into circumstances of extenuation or mitigation. Otherwise, the review will be based upon the written record.

Upon concluding its review, the Committee may sustain, reverse, modify or return for further consideration the decision of the University Disciplinary Committee. The decision of the Disciplinary Appeals Committee shall be filed with the Secretary of the Board, and the Secretary of the Board will furnish a copy of the decision to each member of the Board of Regents. The full Board may, at its sole discretion and upon its own initiative, decide to consider the appeal en banc at its next meeting. Applications from the student for full Board en banc review are not entertained. Appropriate written notice to that effect shall be furnished the student at the time the student receives a copy of the Committee's determination, which shall constitute the final decision unless the full Board takes the action provided above.

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 Last Modified 8/6/14