Critical Issues Board Appeal Form

This form is to submit an appeal at the University of San Diego. This is in accordance with the Conduct Appeals Process as outlined in the Student Conduct Procedures.

1. CONDUCT APPEALS PROCESS
   1. A Respondent may appeal a decision by a Critical Issues Board. In addition, a Respondent may appeal a decision by any hearing body in which the sanction(s) imposed includes removal from housing, suspension or expulsion.
   2. An appeal must be submitted by the Respondent in writing via this form to the Assistant Vice President for Student Affairs/Dean of Students within five (5) business days of the decision. The written appeal must identify one or more purposes for the appeal, as set forth in Paragraph 5 below. The Assistant Vice President for Student Affairs/Dean of Students or their designee may uphold the sanction(s) until the appeal process is completed.
   3. Appeals shall be considered by an Appeals Board.
   4. The Appeals Board shall be comprised of one student, one faculty member, and one administrator. Members of the Appeals Board shall be selected by the Assistant Vice President for Student Affairs/Dean of Students from a group of faculty, administrators and students who have been trained in the University’s conduct procedures.
   5. Except as required to explain the basis of new information, an appeal shall be limited to a review of the record of the hearing board or administrative hearing officer and supporting documents for one or more of the following purposes:
      1. To determine whether the hearing was conducted fairly in light of the charges and information presented, and in conformity with applicable procedures. Deviations from applicable procedures will not be a basis for sustaining an appeal unless the deviation resulted in significant prejudice to the Respondent.
      2. To determine whether the decision reached regarding the Respondent was reasonably based on the information made available to the hearing Board or hearing officer (ie. whether there were facts in the case that, if believed by the hearing Board or hearing officer, were sufficient to establish that a violation of the Code occurred).
      3. To consider new and significant information that is sufficient to alter a decision because such information was not known to the Respondent and could not have been reasonably discovered at or before the time of the original hearing.
      4. To determine whether the sanction(s) imposed are substantially disproportionate to the severity of the violation and/or the cumulative conduct record of the respondent
   6. Following its review, the Appeals Board may:
      1. Uphold the original decision of the hearing Board or hearing officer.
      2. Conclude that the Respondent has not violated any, or all, of the specific policies in the Code determined by the hearing Board or hearing officer. The Appeals Board may determine that different policies, which were originally alleged, were violated.
      3. Recommend a change to the sanction(s) imposed.
   7. The Appeals Board decision, including any recommended changes to the sanction imposed, shall be forwarded in writing to the Vice President of Student Affairs. The Vice President of Student Affairs or their designee shall communicate the final decision in writing to the Respondent.
   8. When a Peer Review Board or administrative hearing officer decision is not appealable, the Peer Review Board or administrative hearing officer may reconsider their prior decision only where the Respondent presents new and significant information that is sufficient to alter the prior decision because such information was not known to the Respondent and could not have been reasonably discovered at or before the original hearing. The request for reconsideration must be made by the Respondent to the Assistant Vice President for Student Affairs/Dean of Students within five (5) calendar days of the Respondent’s first knowledge of the information, but in no event more than ninety (90) days from the original decision.