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Western Kentucky University

Appeal Information

 

 

Conduct 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 judicial 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 judicial officer or committee body will be in effect during the appeal. A request may be made to the Director of Judicial Affairs 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 judicial 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 judicial 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 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.


A student who files an appeal must do so in writing to the appropriate reviewer:

  1. Students who wish to appeal the judicial outcome of the Residence Life Staff must submit a written appeal to the Assistant Director of Residence Life within five business days following the decision.

  2. Students who wish to appeal the judicial outcome of the Director of Judicial Affairs must submit a written appeal to the Vice President for Student Affairs within five business days following the decision.

  3. Students who wish to appeal the judicial outcome of the University Disciplinary Committee must submit a written appeal to the Vice President for Student Affairs. If the Vice President for Student Affairs upholds the judicial outcome of suspension, expulsion or separation, an appeal may be made to the President of the University. In the event the President considers the outcome to be inconsistent with the ethical principles and standard of conduct of the University community, the President may request that the case be reopened and reheard by the University Disciplinary Committee. If the President upholds the judicial outcome of suspension or expulsion, an appeal may be made to the Board of Regents.  The decision of the Board of Regents is final.

 


 

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 Last Modified 10/6/14