NOTE: As of June 18, 2009 this section has been updated to reflect changes that have been made to the Student Conduct Review Process. This section may be found in Chapter 5 on the University of Central Florida Regulations website.
UCF-5.010 Student Conduct Appeals
(1) Appeals Within the Student Conduct Review Process
(a) Students found in violation as a result of a hearing may appeal that finding(s) and sanction(s) imposed. The appeal must be made in writing to the Appellate Officer (VP of SDES or designee) within seven (7) business days after the date the student was notified of the decision by the Director of the OSRR.
(b) Students may appeal the finding and sanction(s) imposed on the basis of one or more of the following:
1. Irregularities in fairness and stated procedures of the hearing that could have affected the outcome of the hearing.
2. Discovery of new and significant information that could have affected the outcome of the hearing and that was not known or could not reasonably have been discovered and/or presented at the time of the initial hearing .
3. The sanction(s) are extraordinarily disproportionate to the violation(s).
(c) On the appeal form, the student must state the reason(s) for appeal, the supporting facts, and the recommended solution. This is not a re-hearing of the conduct case. An appeal cannot be filed simply because a student is dissatisfied with the decision. Failure to describe the nature of the information in full detail in the appeal letter will result in the denial of an appeal.
(d) The Appellate Officer shall first determine if sufficient grounds for appeal exist and then, if so, may either deny the appeal, thus sustaining the initial decision and sanction(s) or do one of the following:
1. If the student alleges that the sanction was inappropriate and the Appellate Officer finds the sanction to be inappropriate, the Appellate Officer may reduce the sanction.
2. If the student alleges that there was a defect in procedure or new information is presented and the Appellate Officer finds that there was a defect in the procedure or new information was presented which was sufficiently substantial to have affected the outcome, the Appellate Officer will order a new hearing.
(e) The student shall receive a written decision to the appeal. There is no definitive timeline for receiving an appeal response. It depends on many factors including the complexity of the case and the information mentioned in the appeal, as well as the Appellate Officer’s appeal load at that particular time. Decisions of the VP of SDES or designee reflect final agency action.
(f) OSC cannot place an overlay on the student’s record until the appeal decision is completed or if the student chooses not to appeal. At such time, if appropriate, a hold, and/or overlay, is placed on the student’s record. If the Appellate Officer upholds the original findings, the effective date of any disciplinary sanction(s) imposed will revert back to the date of the Director of the OSRR’s final decision letter.
