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STUDENT JUDICIAL PROGRAMS

                                                                     A Principle Unit Within the Division of Student Affairs


APPEALS OF STUDENT CONDUCT REVIEW DECISIONS

1. A document that will assist you in the preparation on an appeal can be found here.

2. A decision reached by a Hearing Board or a sanction imposed by a Conduct Officer, may be appealed by the Charged Student to an Appellate Board. Grounds for the appeal, as stated in the written request, must be based upon at least one of the following: a) Substantial departure from, or denial of, rights or provisions enumerated in the Code of Student Conduct; b) New evidence, unavailable or unknown at the time of hearing, has been discovered or made available which, if proven accurate, would substantially alter either the decision as to the responsibility of the Charged Student or as to the sanction imposed; c) A reasonable claim that the sanction imposed is disproportionate to the gravity of the misconduct.

3. All appeals shall be heard by the Appellate Board.

a) A written Notice of Intent to Appeal must be submitted to the Office of Student Judicial Programs within two (2) days of the date of issuance of the decision. Failure to submit Notice of Intent to Appeal within the allotted time will render the original decision final and conclusive.

b) A written appeal must be submitted to the Office of Student Judicial Programs within four (4) days of the date of issuance of the decision. Failure to submit a written appeal within the allotted time will render the original decision final and conclusive.

c) The Charging Party will be given the opportunity to file a response to the Charged Student’s appeal within three (3) days of receiving notice that an appeal has been filed.

d) Appeals shall be decided upon the record of the original Student Conduct Review and/or Hearing, the disciplinary record, the written appeal of the Charged Student and the written response of the Charging Party.

4. The Director may provide more time for any part of the appeal process, when good cause is shown and a written request is made for such an extension.

5. Sanction imposition is usually deferred during the pendency of appellate proceedings, however a Charging Party’s request to implement all or part of the sanction and conditions during the appeal proceedings can be filed with the Director. The Director will request a response from the Charged Student. The determination is at the discretion of the Director.

6. Appeals based on grounds other than those enumerated above are subject to dismissal by the Director.

7. The Appellate Board may reverse a finding of responsible or not responsible, remand the matter to the original decision-maker, or increase, decrease, or simply alter the sanction or conditions.

8. The decision of the Appellate Board is final and conclusive.


 

Student Judicial Programs
UMBC
1000 Hilltop Circle
Baltimore, Maryland 21250
Phone: 410-455-2453
Fax: 410-455-1456
conduct@umbc.edu