8. Appeal Procedures

8.1 Grounds for Appeal

Parties may appeal the determination regarding responsibility in writing/electronically to the Office of Academic and Community Conduct within three (3) business days of the receipt of the determination. Students who have been sanctioned with suspension or expulsion shall, upon request, have access to all written documentation and/or recordings of the original hearing under the supervision of the Office of Academic and Community Conduct prior to submitting an appeal. If the appeal is not timely or substantively eligible, the original finding and sanction will stand and the decision is final. Parties can appeal on the following grounds:

8.1.01 Question of Fact

Appeals will be considered on "questions of fact" by the introduction of new information that would significantly affect the outcome of the case. Information introduced that was not known or could not be reasonably known at the time of the hearing by the appealing student shall be considered new information. Evidence that was known but withheld by the appealing student shall not constitute a question of fact and will not be considered upon appeal.

8.1.02 Question of Procedure

Appeals will be considered on the basis of "questions of procedure" by demonstrating the procedural guidelines established in this document were breached, and such departure from established procedure significantly affected the outcome of the case.

8.1.03 Severity of Sanction and/or Remedies

Appeals will be considered on the "severity of sanction and/or remedies" and must include an explanation of why the sanction and/or remedies should be reconsidered. Appealing parties may state their case for a lesser or greater sanction and/or remedies.

8.2 Appeal Procedure

If an appeal is submitted timely. within three (3) business days, and meets the grounds to move forward, Michigan Tech will:

1. Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties.
2. Ensure that the decision-maker(s) for the appeal is not the same University Conduct Board member that reached the determination regarding responsibility or dismissal. The procedural officer for the appeal may be either the Dean of Students, Dean of the Graduate School, or designee.
3. Provide the non-appealing party, with five (5) business days from receipt of the notification of appeal, to submit a written response to the appeal.
4. Within ten (10) business days from the receipt of the appeal, the University Conduct Board will issue a written decision describing the result of the appeal and the rationale for the result which can be one of the following:
   1. Affirm the original decision-maker's determination regarding the respondent's responsibility and affirm the disciplinary sanctions and remedies, if applicable
   2. Affirm the original decision-maker's determination regarding the respondent's responsibility and amend the disciplinary sanctions and remedies, if applicable;
   3. Remand the process back to the hearing stage for the original decision-maker to remedy any procedural irregularity or consider any new evidence;
   4. Reverse the original decision-maker's determination of the respondent's responsibility and amend the disciplinary sanctions and remedies, if applicable; or
   5. Affirm or amend the sanctions and/or remedies outlined in the determination issued under this Policy.
5. Provide the written decision to both parties. Notification will be simultaneous in cases of sexual misconduct.

The appellate decision is final and not subject to further appeal.

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