Appeal Process

A.  University Appeal Board
1.  The accused has the right to file a written appeal to a University Appeal Board within three business days after the receipt of written notification* detailing the decision of the case. Upon reasonable request, the three business day deadline may be extended by the director of the Office of Community Standards and Student Responsibility.
2.  Appeals may be filed for the following reasons:
a.  Inappropriate sanction; 
b.  Procedural defect in the original hearing; and/or,  
c.  New evidence which was not available at the time of the original hearing and is found to be substantial enough to have changed the outcome of the hearing.  
3.  An appeal board, meeting in closed session, within a reasonable period of time, will either grant or deny the appeal by a majority vote. If the appeal is granted, the sanction may be changed or a new hearing ordered.
a.  In considering a change, the appeal board will do so only in cases of the clear abuse of discretion by the hearing authority.
b.  In considering appeals based on a procedural defect, the board will order a new hearing only if the defect is found to be substantial enough to have changed the outcome of the hearing.
c.  In considering appeals based on new evidence, the board will order a new hearing only if the new evidence is found to be substantial enough to change the outcome of the original hearing.
4.  The person filing the appeal will be notified in writing of the decision by the director of the Office of Community Standards and Student Responsibility within a reasonable period of time.
 
*Written notification includes receipt of a copy of a completed case disposition form on the day of the procedural interview or hearing. The student may be provided this form of notification in person by the hearing authority.  
 
B. Vice Presidential Review
1.  The accused may request the Vice President of Student Affairs of Ohio University to review an appeal board decision if the appeal board denies the appeal. An appeal to the vice president must be presented to the Office of the Vice President of Student Affairs in writing with all supporting documents within three business days after the receipt of written notification of the appeal board decision.
2.  Requests for a vice presidential review may be filed for the following reasons:
 a.  Inappropriate sanction; 
 b.  Procedural defect in the original hearing; and/or,
 c.  New evidence which was not available at the time of the original hearing and is  found to be substantial enough to have changed the outcome of the hearing.  
3.  The vice president may or may not elect to review a decision. The student or student organization requesting a review will be notified of the decision of the vice president within a reasonable period of time. In cases where the vice president of student affairs elects to review a decision, the vice president may change the sanction, order a new hearing, or uphold the decision of the appeal board.
a.  In considering a change of sanction, the Vice President will do so only in cases of the clear abuse of discretion by the hearing authority.  
b.  In considering appeals based on procedural defect, the Vice President for Student Affairs may order a new hearing only if the defect is found to be substantial enough to have changed the outcome of the hearing. 
c.  In considering appeals based on new evidence, the Vice President for Student Affairs will order a new hearing only if the new evidence if found to be substantial enough to have changed the outcome of the hearing.  
 
The decision of the Vice President for Student Affairs is final.
 
C.  Appeal Process:  Sexual Misconduct
 
Background:  On April 4, 2011, the Department of Education's Office of Civil Rights (OCR) provided all secondary and post-secondary institutions with written guidance regarding responding to incidents of sexual harassment and sexual violence under Title IX.  The guidance, or "Dear Colleague Letter," stated in part that institutions must provide an equitable grievance procedure for both the respondent and complainant, including equal opportunity to present witnesses and evidence and the same appeal rights.
 
For further information regarding the Sexual Misconduct Appeal Process, please refer to the Sexual Misconduct, Relationship Violence, & Stalking Process and Procedures.