Appeals


Scope: Who is Covered by this Policy?

Undergraduate Students, Graduate Students and Student Organizations


Policy

University Appeals Board

Appeal

Following an Administrative hearing or Community Standards Board hearing, the respondent, complainant, and the Office of Community Standards have the right to file a written appeal with the University Appeals Board within five University working days of the written decision by the hearing authority. The appeal should be addressed to the chair of the University Appeals Board and should state the basis for the appeal and should include all supporting documents.

All parties will be notified if an appeal is filed and will have five University working days to submit a written response to the appeal. Copies of the statements of appeal and any responses will be made available to all parties.

Composition of University Appeals Board

The University Appeals Board shall be comprised of two members who are either faculty or staff at Miami University and one member who is a currently enrolled Miami University student. 

Appeals may be filed for the following reasons:

  1. Inappropriate sanction.
  2. A procedural irregularity in the hearing of the case occurred that is found to be substantial enough to have changed the outcome of the hearing, including failure to objectively evaluate all relevant evidence or error(s) related to determination of relevance.
  3. New information exists that was not reasonably available at the time the determination was made that is determined to be substantial enough to have changed the outcome of the hearing.

Determining Merit

The Appeals Board will meet in closed session(s). The Appeals Board, in considering an appeal, shall find the appeal to have merit or not have merit by majority vote, within the parameters set forth below:

  1. If the appeal alleges that the sanction was inappropriate and the Appeals Board finds the sanction to be inappropriate, the Appeals Board may increase or reduce the sanctions.
  2. If the appeal alleges that there was a defect in procedure or new evidence is presented and the Appeals Board finds that there was a defect in the procedure or new evidence was presented which was sufficiently substantial to have affected the outcome, the Appeals Board will order a new hearing. If a new hearing is ordered, the new hearing will be held before the same hearing authority. 

The Appeals Board will notify (in writing) the parties and the Office of Community Standards of its decision within 10 working days of its receipt of the appeal from the Office of Community Standards. If the Appeals Board requires additional time, the Vice President for Student Life or the Dean of Students may extend the time limit. The extension shall be in writing and shall include the reason for the extension, and copies shall be forwarded to the parties and the Office of Community Standards. 

Decision

The decision of the University Appeals Board is final. The result of any new hearing ordered by the University Appeal Board may be appealed only as detailed in this policy. If a new hearing is ordered, the new hearing will be held before the same hearing authority.


Related Form(s)

Not Applicable.


Additional Resources and Procedures

Not Applicable.


FAQ

Not Applicable.


Policy Administration

Next Review Date

7/1/2019

Responsible Officer

Director, Office of Community Standards

Legal Authority

Ohio revised Code 3345.21

Compliance Policy

Yes

Revision History

Edited July 2018; Amended July 2019; Amended August 2020

Reference ID

Student Handbook 2.4

Reviewing Bodies

Student Life Council