INFORMATION FOR APPEALING DISCIPLINARY DECISIONS

Please see the Appeals Section of the Code of Conduct for more detailed information:

 

Appeals of Disciplinary Decisions

A decision reached by a Hearing Board or through Administrative Action may be appealed by the Respondent to the Appeals Committee.  A Respondent who requests an appeal is called the “appellant”.   An appeal consists of a review of the written record and supporting documents based only on the grounds set forth below.  The decision of the Hearing Board or authorized Administrator may be appealed to the Appeals Committee only once and the decision of the Appeals Committee is final. 

 

A.     Sanctions Held in Abeyance

Any sanctions imposed by the Hearing Board or through Administrative Action are held in abeyance until the deadline for submission of a Statement of Appeal has passed. Once a student has submitted a Statement of Appeal, his/her sanction(s) will continue to be held in abeyance pending final appeal decision outcome.   Note:  Sanctions are not held in abeyance in instances of Emergency Administrative Actions.

 

B.     Grounds for Appeal

An appeal may seek review only on one or more of the following grounds:

 

  • Substantial Procedural Error:  The specified procedural error or error in interpretation of University regulations may have substantially affected the hearing such that the Respondent was denied a fair hearing; or the error prevented the person taking Administrative Action from making a fair decision.
  • New Evidence of a Substantive Nature:  New, significant or relevant evidence becomes available that could not have been discovered by a properly diligent Respondent at the time of the original decision and that may have substantially affected the hearing or changed the outcome of the hearing.
  • Substantial Disproportionate Sanction:  The sanction appears to be disproportionate to the level or nature of the offense or the student's prior record.

 

 

C.     Statement of Appeal

1.      Deadline for Submission of Appeal:  If a student wishes to appeal a Hearing Board decision or Administrative Action decision, he/she must submit a Statement of Appeal within seven (7) calendar days from the date on the Hearing Board Decision Letter or Administrative Action Letter.

 

a.              Special Deadlines for Students Requesting Transcripts:  If a                     student plans to appeal a Hearing Board decision and                                     he/she desires a transcript of the Hearing, he/she must submit a                  written Statement of Appeal Form and a request for a copy of the                  Transcript  within two (2) calendar days from the date on the                     Hearing Board Decision Letter.  In such circumstances, the                         student’s Statement of Appeal must be submitted within seven                  (7) calendar days from the student’s  receipt of notice from the                  Office of Student Conduct that the transcript of the Hearing is                  available for pick up.

 

         b.             Transcript Requests: Only transcripts of the entire hearing will                          be produced.  The Office of Student Conduct will                                                  select the transcription service. The cost of the transcript is the                          responsibility of the appellant. The transcript and all                                            copies of the transcript must be returned to the Office of Student                          Conduct at the conclusion of the appeal process.

 

2.      Contents of Statement of Appeal:   The Statement of Appeal must cite the specific ground(s) for appeal that the appellant would like the appellate body to consider and provide an explanation of why, based on these grounds, the results of disciplinary process should be changed.  Any supporting evidence or documentation that is not contained in the original case materials must be attached to the Statement of Appeal.  Statements of Appeal must be typed and double spaced.  Appellants must also print and sign their names to the Statement of Appeal.

 

a.             New Evidence:  If the appellant seeks an appeal based on the grounds of new evidence, any such evidence must be submitted with the Statement of Appeal.  For example, if the appellant seeks to submit new witness testimony, it must be submitted in the form of a written Witness Statement and must accompany the Statement of Appeal. For guidelines on Witness Statements, please see the “Witnesses” section of the Hearing Board guidelines. 

 

3.      Submission:  Statements of Appeal (and/or Notice of Intent to Appeal, if applicable) should be submitted to the Office of Student Conduct on 5 Leavey.  If an appellant’s deadline falls during a time in which students are away from the University and/or the OSC/University is closed, appellants may submit Statements of Appeal via e-mail or via fax.   E-mails to Erik Hunter, Assistant Director for Student Conduct.  Faxes to 202-687-6255.

 

Please include “Statement of Appeal Cover Form” cover sheet.  You may download a copy here.

 

 

D.     Other materials submitted to and reviewed by the Appeals Committee

The following materials will be provided to the Appeals Committee.  Please see the Code of Conduct for more details.

 

1.             Copy of Original Case File:  The case file will include official documents prepared in connection with the processing of the original complaint, including a copy of the original Hearing Board’s or Administrator’s Letter of Decision, the audio tapes of the original hearing (if any), and the transcript of the original hearing (if any).

 

2.             Statement from Appellee:  The Director of Student Conduct or his/her designee will serve as the “appellee” and be given the opportunity to respond in writing to the arguments presented in the Statement of Appeal.   The appellee’s statement must respond to the specific ground(s) for appeal raised in the appellant's Statement of Appeal. 

 

3.             Statement from Complainant/Victim

 

4.             Appellant’s prior Georgetown University disciplinary file (if applicable). 

 

5.             Additional Information:   The Appeals Committee shall have                      the discretion to accept and/or request additional information                 it deems relevant to the appeal.

 

 

E.      Determination/Action by Appeals Committee

The Appeals Committee will review and consider all materials submitted to it as soon as reasonably possible and make its determination by majority vote.

 

1.      Burden:  The burden of proof rests on the appellant who must establish by presenting clear and convincing evidence that the original process or decision was substantially flawed.

 

2.      Action:  The following actions may be taken by the Appeals Committee: 

 

a) affirm the finding of responsibility and the sanction imposed by the original board or administrator; or

 

b) affirm the finding of responsibility and reduce the sanction; or

 

c) overturn the finding of the Hearing Board or administrator and return the matter to the Office of Student Conduct for action consistent with the Appeals Committee’s determination.

 

3.      The Appeals Committee will provide a written explanation of its determination to the appellant with a copy to the appellee.  This determination is final and binding on all parties.

 

 

 

 DECISIONS MAY ONLY BE APPEALED ONCE