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 the change the appeal board will do so only in 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 the change of sanction, the Vice President will do so only in 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 to change a sanction is final. The result of a new hearing ordered by the president may be appealed as detailed in section 7.
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 including equal opportunity to present witnesses, evidence and the same appeal rights.
1. Appeal Process: In cases of sexual misconduct, both the accused student and the complainant/victim will have the right to file a written appeal to a University Appeal Board within three (3) business days after the receipt of the decision of the case. Upon reasonable request by either party the three-business day deadline may be extended by the Director of the Office of Community Standards and Student Responsibility. Appeals may be filed for the following reasons:
a. Inappropriate sanction: the appeal board will modify the sanction only in cases of clear abuse or discretion by the hearing authority;
b. Procedural defect in the original hearing: only if the defect was found to be substantial enough to change the outcome of the hearing;
c. New evidence: 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.
2. Rebuttal to a filed appeal: Upon receipt of a written appeal by one or both parties, the Office of Community Standards and Student Responsibility will notify the opposing party and provide him/her with the opportunity to review and respond, in writing, to the appeal. In the event that both parties appeal, each party will be afforded the opportunity to review and respond in writing to the written appeal.
The opportunity to rebut will only be afforded once an appeal has been submitted. Written rebuttals to appeals must be submitted within three (3) business days or notification by the Office of Community Standards and Student Responsibility that an appeal has been received. Written rebuttals are limited to the items addressed in the appeal. New evidence or procedural defects cannot be introduced in the written rebuttal.
3. Vice Presidential Appeal: The accused or the victim may request the Vice President for Student Affairs to review an appeal board decision. An appeal to the Vice President for Student Affairs must be presented to the office of the Vice President in writing, with all supporting documents, within three (3) business days of the receipt of written notification of the appeal board decision. Requests for a Vice Presidential appeal may be filed for the following reasons:
a. Inappropriate sanction;
b. Procedural defect in the original hearing; and/or
c. New evidence: 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.
The opposing party reserves the right to submit a written rebuttal in the event of a Vice Presidential appeal. Written rebuttals must be submitted directly to the office of the Vice President for Student Affairs in accordance with procedures for filing a Vice Presidential Appeal. This procedure will be provided to the opposing party by the Office of Community Standards and Student Responsibility.
The Vice President may or may not elect to review a decision. The student or victim who is requesting a review will be notified of the decision of the Vice President for Student Affairs within a reasonable period of time. In cases where the Vice President for Student Affairs elects to review a decision, the Vice President for Student Affairs may change the sanction, order a new hearing or uphold the decision of the appeal board.
D. Modification of Accused Student's Right to Request an Open Hearing in Sexual Misconduct Cases
Background: The April 4, 2011 OCR Dear Colleague letter also states that institutional grievance procedures for addressing sexual harassment and sexual violence must provide a "prompt and equitable resolution." OCR advises that institutions should also take steps to protect the victim against "retaliatory harassment."
Given the sensitive nature of sexual misconduct allegations, we believe that affording only the accused student the right to request an open hearing (open to members of the public), without input from the complainant/victim is inconsistent with the equity requirements of Title IX. In those cases where only the accused student has requested an open hearing, the complainant/victim may be fearful or reluctant to share or discuss pertinent details of the alleged incident.
Accordingly, the following modification has been made to Section 6: Hearing Procedures, (C) Guidelines for Hearings, to be applied in sexual misconduct cases:
Hearings for cases of alleged sexual misconduct are closed to the public unless specifically requested in writing to be open by both the accused student and the complainant/victim. Requests for open hearings are subject to review and final approval by the Director of Community Standards and Student Responsibility.
