Filing a Judicial Appeal

You have just come out of a procedural interview or a hearing where a decision was made about your judicial case. Although University Judiciaries makes every effort to be as thorough and fair as possible when deciding student disciplinary cases, you may feel that the wrong decision was made. You may want to consider appealing the decision. To review the appeal process in the code of conduct, refer to the Procedure Section of the Student Code of Conduct.

General Appeal Information
The Ohio University Student Code of Conduct offers students the opportunity to appeal decisions about their disciplinary case. An appeal is decided by a University Appeal Board, composed of a student, a faculty member, and an administrator. To have an appeal considered, the accused student or student organization must submit a written petition for appeal to University Judiciaries. The appeal process is a written one; you do not appear in person. Appeals are due to University Judiciaries within seven calendar days after receipt of the letter detailing the decision of the case. Upon reasonable request, the seven calendar day deadline may be extended by the director of University Judiciaries. Forms for filing appeals are available in University Judiciaries.

Procedures governing appeals boards are very specific. Appeal boards meet in closed session and are limited to deciding whether or not a disciplinary decision was reasonable in light of a written argument known as a petition for appeal. The responsibility for proving the appeal rests with the accused student or student organization.

Grounds for Appeal

The Ohio University Student Code of Conduct offers three reasons for filing appeals. These reasons, known as grounds, are:

1. inappropriate sanction
2. procedural defect
3. presence of new evidence

Appeals may be based on either one or all of these grounds.

Inappropriate Sanction

If you believe a sanction was too severe, you may file an appeal on the basis ofinappropriate sanction.To be successful on this ground, you must convince an appeal board of a clear abuse of discretion on the part of the hearing authority that imposed the sanction in your case.

In considering appeals for inappropriate sanction, appeal board members are trained to determine from the written appeal under consideration whether it is more likely than not that the hearing authority clearly abused its discretion in imposing the sanction. If at least two of the three members of the appeal board are convinced of a clear abuse of discretion, the appeal is granted and the sanction changed. If a clear abuse of discretion is not proven, the appeal board leaves the original sanction unchanged.

Procedural Defect

If you believe an incorrect decision was made because information at your hearing was not weighed appropriately or because hearing procedures were not properly followed, you may appeal on the basis of procedural defect.

In reviewing appeals for procedural defect, appeal boards seek to determine whether the defect in procedure was sufficiently substantial to have changed the outcome of the hearing in a significant manner. If so, a new hearing will be scheduled to re-hear the case.

Presence of New Evidence

Perhaps you feel the wrong decision about a violation was reached because important information was not presented for consideration at a hearing. In such a case, you may file an appeal due to the presence of new evidence.

With appeals based on new evidence, appeal boards seek to determine whether or not the new evidence presented in the appeal is such that it would have changed the outcome of the original hearing. If so, a new hearing will be scheduled to re-hear the case.

Presidential Review

If your appeal is denied by the appeal board, the final level of appeal is to the president of the university. This is nota guaranteed right of appeal, as the president may or may not elect to review a decision.

Requests to the president to review a decision may be filed for inappropriate sanction, procedural defect, and/or presence of new evidence as detailed above.

Tips for Filing Appeals

Although there is no way to guarantee a successful appeal, there are some things you can do to make your case for an appeal stronger. Here are some suggestions:

• Be sure to file your appeal with University Judiciaries within seven calendar days of written notice of the decision. If you need more time, request an extension from the director of University Judiciaries before the seven day deadline.

• Be as specific as possible and leave nothing to chance or interpretation. Keep in mind that the appeal board meets in closed session and that there will not be a chance to answer questions that the appeal board may have when considering the appeal.

• For procedural defect, be sure to clearly identify the defect. Also, be sure to present how the defect was sufficiently substantial to have changed the outcome of the hearing in a significant manner.

• For new evidence, make sure to show that if the evidence had been present during the original hearing, it would have changed the outcome of that hearing.

• For inappropriate sanction, be sure to detail how the hearing authority clearly abused its discretion in imposing a sanction.

• Include all information you believe is relevant. If you are unsure about whether to include something in your appeal, include it.

• Get feedback. Have others read your appeal, get their opinions, and see if they understand the points you raise. You may wish to contact Student Defending Students at (740) 593-4045

• Consult with staff in University Judiciaries. Remember, the university's commitment is for a fair process.