3.6.7 - APPEALS

After a Level One or Level Two Hearing, the Responding Party and the Reporting Party (if applicable) will each have five business days after notice of the outcome of the hearing is sent in which to request an appeal. Reporting Parties are only permitted to request an appeal in matters involving allegations, which, if proven, would constitute crimes of violence or non-forcible sex offenses. (For more information on the disclosure of information to Reporting Parties in crimes of violence and non-forcible sex offenses, see Section 3.6.3.2 ("Required Disclosures") of this Handbook. Requesting an appeal does not mean that an appeal will be heard. Requests for appeals will only be granted for specific reasons outlined below.

While the Appeal process is pending, sanctions of Suspension and Expulsion assigned by the original Hearing Administrator or panel will be in effect. In such cases, the Responding Party will be placed on Administrative Separation pending the conclusion of the Appeal process.

3.6.7.1 - Requesting an Appeal

Requests for an appeal must be made in writing and directed to the individual indicated under the Level One and Level Two Hearing descriptions above. See Section 3.6.5.7 ("Request for an Appeal From a Level One Hearing") and Section 3.6.6.7 ("Request for an Appeal From a Level Two Hearing"). A request for an appeal must be received by the appropriate Appeal Officer (see Section 3.6.5.7 and 3.6.6.7.) and no later than 5:00 p.m. on the fifth business day after receipt of the outcome of the hearing.

3.6.7.2 - Reasons for Requesting an Appeal

A request for an appeal will only be granted if the request provides sufficient factual basis for one of the following grounds for an appeal:

(1) There is a denial of the elements of a fair hearing.

(2) The finding is not supported by the evidence.

(3) The sanctions imposed are substantially outside the parameters or guidelines set by the University for the type of offense or the cumulative conduct record of the Responding student.

(4) There is new information to present that was not available at the time of the hearing, and that may have a bearing on the original decision.

The same relevancy criteria will apply in the appeal process as applied in the hearing process. 

3.6.7.3 - Review of a Request for an Appeal

The Level One or Level Two Appeal Officer or Panel (see Sections 3.6.5.7 ("Request for an Appeal From a Level One Hearing") and 3.6.6.7 ("Request for an Appeal From a Level Two Hearing") will review the request for an appeal to determine if the request provides sufficient factual basis for one of the four grounds for an appeal. If the Appeal Officer or Appeal Panel finds that the request is insufficient, they will provide the requesting student with written notification that the request for an appeal is denied within 5 business days of the actual review. A copy of this notification will be sent to the non-appealing Responding Party, and in charges involving allegations which if proven would constitute crimes of violence or non-forcible sex offenses, to the non-appealing Reporting Party or victim. For more information regarding required disclosures to certain Reporting Parties, see Section 3.6.3.2 ("Required Disclosures") of this Handbook. If the Appeal Officer or Appeal Panel determines that the request for appeal provides sufficient factual basis for at least one of the four grounds for appeal, the appeal request will be granted. The requesting student will receive notification within five business days that includes: (a) an explanation that granting the request for an appeal means the appeal will be conducted and does not mean any conclusions have been made as to the merits of the appeal; (b) a general description of how the appeal will be conducted, including any times and dates with which the student must comply; (c) a request for written statements if the Appeal Officer or Appeal Panel desires such statements; (d) at least a general timeline that includes due dates, if any, dates for meetings, if possible, and timelines for making a determination. The same notification will be sent to the non-appealing Responding Party, and in charges involving allegations, which, if proven, would constitute crimes of violence or non-forcible sex offense, to the non-appealing Reporting Party or victim, who will also receive a copy of the request for appeal. See Section 3.6.3.2 ("Required Disclosures") of this Handbook.

3.6.7.4 - Appeal Officer or Appeal Panel

The Appeal Officer or Appeal Panel identified above will review the request for an appeal. If granted, that Appeal Officer or Panel may conduct the appeal. If heard by an Appeal Panel, the members of the Appeal Panel will be selected from the pool of individuals who receive annual training. Any individual who was involved with the initial hearing is disqualified from hearing the appeal.

3.6.7.5 - Conducting the Appeal if Granted

If the request for an appeal is granted, the Appeal Officer or Appeal Panel will consider the record of the matter to determine the appropriateness of the decision and sanctions rendered in the original hearing. The record is comprised of the materials used in the hearing, any transcript from the case hearing, and any recording of the hearing. The Appeal Officer or Appeal Panel will also consider the written request for an appeal, and any written statements it solicits from the Reporting Party and Responding Party.

3.6.7.6 - Appeal Meeting

Once a request for an appeal has been granted, the appeal is generally granted or denied based upon the written documentation available from the hearing and the information presented in the request for an appeal. However, in some instances, it may be necessary for a meeting to be conducted to clarify details presented. An appeal meeting is not a rehearing of the case. The appeal meeting, if warranted, will be conducted in accordance with the procedures outlined below:

1) The appeal meeting will be closed to everyone except those persons specifically invited by the Appeal Officer or Panel.

2) A student whose presence is requested at an appeal meeting has the right to be accompanied and assisted at the appeal meeting by a current member of the Xavier community (student, faculty or staff member). The Advisor may not be an individual who has specialized legal training, including someone possessing a Juris Doctor degree, or other legal degree, even if such person is a member of the Xavier community and does not currently practice law. The Advisor may not be the student's parent, even if the parent is a member of the Xavier community.

3) There will be no presentation by legal counsel. In matters involving allegations of Interpersonal Violence, Reporting Parties and Responding Parties have the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. The Advisor may help a Reporting Party or Responding Party prepare their position but may not present it or speak for or on behalf of the individual at the meeting or proceeding.

3.6.7.7 - Written Statements

The Appeal Officer or Appeal Panel may request written statements from the Reporting Party, Responding Party, witnesses, or other individuals it deems appropriate and necessary. The Appeal Officer or Appeal Panel may set a limit on the length of such statements and they may use such statements as they deem fit. Unsolicited statements from the Reporting Party, Responding Party, or anyone else will not be considered by the Appeal Officer or Appeal Panel if the statements are not part of the record of the hearing.

3.6.7.8 - New Evidence

Only new information that was not available at the time of the original hearing will be accepted and considered by the Appeal Officer or Appeal Panel. Even if new information is accepted because it was not available at the time of the original hearing, the Appeal Officer or Appeal Panel may use this new information in considering the outcome of the appeal only if it is determined to be accurate and justified, in the judgment of the Appeal Officer or Appeal Panel.

3.6.7.9 - Final Decision

An Appeal Officer's decision to grant or deny a request for an appeal is a final decision. If a request for an appeal is granted, the decision of the Appeal Officer or Appeal Panel reviewing the appeal will also be a final decision.