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Student Code of Conduct

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West Chester University
West Chester, PA 19383


Phone: 610-436-1000

Student Code of Conduct

IV. Appeals

  1. Upon receiving a sanction from the hearing officer/board, a student or group may appeal for the following reasons:
    1. Violations of procedures which would have substantially impacted the outcome;
    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 in writing by the published appeal date noted on the outcome letter and submitted via the Office of Student Conduct Outcome Appeal The appeal 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 the Office of Student Conduct will defer the imposition of the sanction(s) pending the outcome of the appeal process.
    1. Upon receipt of a first level or presidential appeal involving a sexual misconduct charge, while the sanctions may be deferred until the outcome of the appeal, any and all Interim Measures will remain in place until such time they are rescinded or modified by the Office of Student Conduct.
    2. Upon the completion of the appeal period and receipt of an appeal by either party involving a sexual misconduct charge, the Office of Student Conduct will forward a copy of the appeal to the opposing party and allow three (3) days for a response.  The Response to Appeal Form will be shared with the appropriate parties concerned with the appeal.
    3. Impact Statement – An opposing party may submit a statement explaining the impact that the actions have had. The statement should be submitted to the Director of Student Conduct to be shared with the appeals board.
  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 Student Conduct 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 Hearing 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. 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 Student Conduct. The recommendation will be forwarded to the Assistant Vice President for Student Affairs or respective designee for final disposition.
    3. The Appeals Board will review the written appeal and all documentation contained within the student's or groups's disciplinary file. In cases involving a complaintant, the board may consider a complaintant'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 II). All meetings and hearings of the Appeals Board are closed.
    4. The Appeals Board by a simple majority vote will uphold the sanction, modify the sanction, or order a new hearing.
    5. Normally, all Appeals Board decisions are final and will be forwarded to the Director of Student Conduct for immediate implementation. However, under extenuating circumstances, the student or group may request the president of the university to review the Appeals Board decision.
    6. An appeal may be made to the president of the university to review the Appeals Board decision. An appeal to the president must be presented within two University business days of formal notification of the Appeals Board decision. This must be submitted in writing via the Appeals Form.
    7. 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 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.
      5. The President may or may not elect to review a decision. The student or student group petitioning for the presidential appeal will be notified of the decision of the President, or designee, within a reasonable period of time. The presidential appeal is the final step in the WCU process.
  8. The appeals process described shall be the final step in the process.
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