Appeals for Student Code of Conduct
Only the accused student shall be entitled to appeal the hearing resolution decision unless the complaint involves a matter covered in the Equal Opportunity, Diversity and Affirmative Action policy. More specifically, cases involving allegations of discrimination, discriminatory harassment, sexual violence, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking or retaliation are considered exceptions, wherein the complainant may also appeal. The appealing party shall submit a written letter of appeal to the Associate Dean or designee within five (5) days of the party’s receipt of the Hearing Resolution notification. An appeal may be transmitted electronically.
Appeals may only be submitted on the following grounds:
- To allege a material procedural error within the investigation and resolution process that would substantially change the outcome; or
- To consider new evidence that was not known at the time of the investigation that would substantially change the outcome.
- Appeals will not be considered on any other basis.
- Upon timely receipt of the appeal letter, the Associate Dean shall transmit the appeal letter and associated hearing records to the Appeal Review Officer for review.
- The Appeal Review Officer will conduct an initial review to determine if the appeal request meets the limited ground and is timely.
- If the appealing party has presented a timely appeal on the basis of the grounds set forth above, the Appeal Review.
- Officer will notify the non-appealing party that an appeal has been made.
- If deemed appropriate, the Appeal Review Officer will share the appeal by one party with the other party (e.g., if the respondent student appeals, the appeal is shared with the complainant) who may file a written response.
- If the appealing party has presented an appeal on the basis of the grounds set forth above, the Appeal Review Officer will further review the appeal and make a determination to uphold, reverse or modify the Hearing Resolution. When deemed necessary, the Appeal Review Officer or body may seek additional information and/or refer the matter back to the hearing officer, prior to making a determination.
- Following review of the appeal, the Appeal Review Officer will issue a written decision to the parties in which it may uphold, reverse or modify the original Hearing Resolution.
- All appeal decisions are final.
Framingham State University
RAM Student Handbook 2018-2019
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