Appeals

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Any student found responsible for a violation of the Student Code of Conduct, or any complainant where one exists, may request a review of the determination and/or of the sanction(s) imposed by the student conduct hearing body, subject to "Section C. Grounds for Appeal," below.

A. Burden of Proof

The burden of proof at the appellate level rests with the student to clearly show that an error has occurred during the conduct process; this is not a re-hearing of the student conduct case but rather a review of the specified error as outlined in "Section C. Grounds for Appeal," below.

B. Appellate Forums

1. Decisions of the Director of Residence Life, or Associate Dean of Students (or designee), will be appealed to the Dean of Students (or designee).
2. Decisions of the Dean of Students will be appealed to the Associate Provost of Student Engagement and Development (or designee).
3. Decisions of a conduct hearing body that do not involve violations of the Gender-Based Misconduct and Title IX Policy will be appealed to the Dean of Students, with the exception of expulsion.
4. Decisions of a student conduct board that involve violations of the Gender-Based Misconduct Policy will be appealed to an appellate review panel as determined by the Dean of Students, with the exception of expulsion.
5. For cases not involving violations of the Gender-Based Misconduct and Title IX Policy in which the final decision of the student conduct board is expulsion, the appeal will be decided by the President of the university (or designee).
6. For cases involving violations of the Gender-Based Misconduct and Title IX Policy in which the final decision of the student conduct board is expulsion, the appeal will be decided by an appellate review panel as determined by the President of the university (or designee).

C. Grounds for Appeal

Failure to describe the nature of the evidence in full detail in the appeal letter will result in the denial of an appeal. Appeal considerations are limited to:

1. A violation of a student's rights or other procedural violation that changed the outcome of the hearing. Appeals based on this consideration will be limited solely to a review of the record and recording of the conduct hearing.
2. New evidence, which was not available at the time of the original hearing and could have changed the outcome. The nature of the evidence must be described in full detail in the appeal letter.
3. The sanction(s) imposed were disproportionate to the violation of the Student Code of Conduct for which the student was found to be responsible.
4. The grounds for appeal for students whose case was determined through a summary resolution is solely that the severity of the sanction is disproportionate to the nature of the offense.
5. Failure to attend a hearing, if proper notice was given as set forth in this code, is not sufficient grounds for an appeal.
6. For Gender-Based Misconduct violations, the grounds for appeal may also include that the Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

D. Appellate Review Process

1. Initiating Appeal: A written appeal must be submitted within five (5) business days of the receipt of the written decision, to the appropriate appellate body listed above in "Section B. Appellate Forums." If the student conduct body decision is not appealed within that time frame, that decision of the student conduct body becomes final.
2. Where a complainant's rights are affected as determined by the Student Conduct Officer and in cases of Gender-Based Misconduct, the complainant and respondent student have equal rights to appeal. If one party appeals, the other will be notified and will be provided the opportunity to respond within five (5) business days.
3. In Gender-Based Misconduct cases, when an appeal is received, New York Tech will conduct its own review of the record to:
   1. Ensure that no member of the appellate panel took part in the underlying investigation or hearing, and
   2. Ensure each member of the appellate panel has been trained as required by law.
4. The record of appeal will consist of and be limited to the written appeal, written decision of the student conduct board, and any documentation relevant to the grounds for appeal.

E. The Appellate Body

The appellate body may:

1. Affirm the decision previously rendered by the student conduct board.
2. Return the case to the student conduct board for further review and adjudication.
3. Reverse the decision rendered by the student conduct board and/or dismiss the case.
4. Modify the decision rendered.
5. Modify the sanctions (reduce or increase the sanctions imposed).

F. The Appellate Decision

1. The appellate decision is sent in writing to the student, and to the complainant, where appropriate or required, within five (5) business days of an appellate review unless notification is given that additional time is necessary for consideration of the record on appeal.
2. The decision will include a rationale.
3. The outcome of the appeal is final.