Ram's Eye View

West Chester University

West Chester University
West Chester, PA 19383
610-436-1000





Student Code of Conduct

IV. Appeals

  1. Upon receiving a sanction from the hearing officer/board, a student or organization may appeal for the following reasons:
    1. Violations of judicial procedures;
    2. Severity of the sanction is not supported by the evidence;
    3. Lack of substantial evidence upon which a determination of guilt can be based; and/or
    4. New evidence that was not previously available, and that might substantially change the nature of the case.
  2. All appeals must be made within five University business days from the exit date of the sanction assessment form. Appeals must be submitted in writing to the director of judicial affairs and student assistance and should explain in detail the basis of the request, including any supporting documentation. In addition, students or organizations filing appeals may wish to present letters of character reference.
  3. Upon receipt of the written appeal, the director of judicial affairs and student assistance will defer the imposition of the sanction(s) pending the decision on the appeal.
  4. Cases involving loss of housing and/or dining privileges, suspension, and expulsion will be forwarded to the University Appeals Board for review.
  5. All other cases will be reviewed by the director of judicial affairs and student assistance or designee for final disposition.
  6. A request for an appeal will be responded to in a timely manner by the appropriate appellate body.
  7. The Appeals Board:
    1. Each Appeals Board is comprised of one professional staff member, one faculty member, and one student chosen from active members of the University Judicial Board. When necessary, an Appeals Board may be convened by a quorum. A quorum in this case would be a combination of at least two of the previously mentioned individuals.
    2. The Appeals Board will review the written appeal and all documentation contained within the student's or organization's disciplinary file. In cases involving a victim, the board may consider a victim's impact statement. The Appeals Board is not obligated to reconvene a hearing. However, if it should wish to do so, it will follow the same procedures used for an original hearing (See III.F.). All meetings and hearings of the Appeals Board are closed.
    3. The Appeals Board by a simple majority vote will uphold the sanction, modify the sanction, or order a new hearing.
    4. Normally, all Appeals Board decisions are final and will be forwarded to the director of judicial affairs and student assistance for immediate implementation. However, under extenuating circumstances, the student or organization may request the president of the University to review the Appeals Board decision.
    5. An appeal to the president must be presented in writing to the Office of the President within two University business days of formal notification by the Office of Judicial Affairs and Student Assistance of the Appeals Board decision.
    6. An appeal to the president must include clear and convincing reasons to overrule the decision of the University Appeals Board. An appeal to the president should include information to support the following reasons for the appeal:
      1. Violation of judicial procedures;
      2. Severity of the sanction is not supported by the evidence;
      3. Lack of substantial evidence upon which a determination of guilt can be based;
      4. New evidence that was not previously available and might substantially change the nature of the case.
    7. The president may or may not elect to review a decision. The student or organization petitioning for the review will be notified of the decision of the president, or designee, within a reasonable period of time.
    8. When it is not feasible for the Appeals Board to meet in a timely fashion (semester breaks), appeals will be reviewed by the director of judicial affairs and student assistance. The recommendation will be forwarded to the assistant vice president for student affairs or respective designee for final disposition.
  8. The appeals process described shall be the final step in the judicial process.