Appeal Requests
Appeals requests are limited to the following grounds:
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- A procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures, etc.).
- To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included. Appeals must be filed in writing to the Vice President of Student Affairs and Campus Diversity and Inclusion or designee within five (5) business days of the notice of the outcome to the hearing, barring exigent circumstances. Any exceptions are made at the discretion of the Dean of Student Affairs or designee.
- Sanctions imposed are substantially disproportionate to the violation.
The Dean of Student Affairs or designee will share the appeal by one party with the other party (parties) when appropriate under procedure or law (e.g., if the responding student appeals, the appeal is shared with the complainant, who may also wish to file a response, request an appeal on the same grounds or different grounds). The Dean of Student Affairs will refer the request(s) to the College’s designated Appeal Review Officer.
The Appeal Review Officer will conduct an initial review of appeals to determine if the appeal request meets the limited grounds and is timely. They may consult with the Dean of Student Affairs and/or Title IX Coordinator on any procedural or substantive questions that arise.
If the appeal is not timely or substantively eligible, the original finding and sanction will stand and the decision is final. If the appeal has standing, the Appeal Review Officer determines the final outcome. Full rehearings are not permitted. Where new evidence is presented or the sanction is challenged, the Appeals Review Officer will determine if the matter should be returned to the original decision-maker for reconsideration or if they should make a determination. In review, the original finding and sanction are presumed to have been decided reasonably and appropriately, thus the burden is on the appealing party(ies) to show clear error. The Points of Appeal must limit its review to the challenges presented.
On reconsideration, the Points of Appeal or Dean of Student Affairs may affirm or change the findings and/or sanctions. Procedural or substantive errors should be cured, new evidence should be considered, and sanctions should be proportionate to the severity of the violation and the student’s cumulative conduct record.
All decisions of the Points of Appeal are to be made within five (5) business days of submission and are final, as are any decisions made by the Dean of Student Affairs or Title IX Coordinator as the result of reconsideration consistent with instructions from the Appeal Review Officers.
The Appeals Officers
The College’s Appeal Review Officer/point of Appeals Is Determined to Be the Vice President of Student Affairs and Campus Diversity and Inclusion or Designee.
The Dean of Student Affairs Serves as An Information Source to The Appeal Review Officers, with Responsibility for Conducting Preliminary Investigations, and Ensuring a Fair Process for The Complainant and Responding Student.
Other Guidelines for Appeals
All Parties Will Be Timely Informed of The Status of Requests for Appeal, the Status
of The Appeal Consideration, and The Results of The Appeal Decision;
Appeals Are Not Intended to Be Full Re-Hearings of The Complaint (de Novo). in Most
Cases, Appeals Are Confined to A Review of The Written Documentation or Record of
The Original Hearing, and Pertinent Documentation Regarding the Grounds for Appeal;
Witnesses May Be Called if Necessary.
Appeals Are Not an Opportunity to Substitute Their Judgment for That of The Original
Decision-Maker Merely Because They Disagree with The Finding And/or Sanctions. Appeals
Decisions Are to Be Deferential to The Original Decision-Maker, Making Changes to
The Finding only Where There Is Clear Error and To the Sanction only If There Is a
Compelling Justification to Do So.
Disciplinary Records
All Conduct Records Are Maintained by The College for Seven (7) Years from The Time of Their Creation Except Those that Result in Separation (suspension or Expulsion, Including from Housing) and Those that Fall Under Title Ix, Which Are Maintained Indefinitely.
Code of Conduct Violations
Any Member of The Otis College Community May File a Complaint for A Violation of The Code of Conduct. Violations Should Be Reported on A Code of Conduct Complaint Form and Filed with Any Member of The Student Conduct Committee.