Student Conduct Appeal Process

Sanctions that include Suspension or Expulsion

For cases where a sanction includes Suspension or Expulsion: Students may appeal a decision of the student conduct designee. The appeal must be made in writing within 48 hours of the electronic notification of the decision and sent to the Dean of Students office at DOS@sunybroome.edu.

The submitted letter of appeal should clearly identify the basis for the appeal.  Appeals must be made on at least one of the following reasons:

1. the respondent has been deprived of his/her rights and/or stated procedures were not followed that affected the outcome;
2. new evidence is presented, that was not available during the time of the original outcome, relevant to establishing whether it is more likely than not that the respondent is responsible for misconduct; and/or
3. the sanction(s) imposed was outside the College’s sanction range for such violations and/or not justified by the nature of the offense.

Failure to show up, or show up on time, for a scheduled hearing is not cause for an appeal.

The Dean of Students, or designee, will determine if an appeal should be granted.  Notification of the decision will be made to the student within three (3) business days. The Dean of Students, or designee, will review the case records and any additional information that is submitted as may be requested.

The original decisions regarding responsibility and sanctions may be sustained, modified or reversed. No decision should be overturned or modified without consultation with the Dean of Students, VP of Student Development or the President.

Cases resulting in sanctions of Suspension to Expulsion (Title IX Only)

Cases resulting in sanctions of Suspension to Expulsion after a hearing of the Title IX Decision Panel review may be appealed to the Student Rights Appeals Officer by the respondent within five (5) business days of receiving official notification of the results of the hearing. Such appeals shall be in writing and shall be delivered to the Dean of Students or his designee.

The respondent may request an appeal on one or more of the following grounds:

1. the respondent has been deprived of his/her rights and/or stated procedures were not followed that affected the outcome;
2. new evidence is presented, that was not available during the time of the original outcome, relevant to establishing whether it is more likely than not that the respondent is responsible for misconduct; and/or
3. the sanction(s) imposed was outside the College’s sanction range for such violations and/or not justified by the nature of the offense.

The complainant may also request an appeal in cases involving a Title IX violation and those involving a crime of violence when suspension, indefinite expulsion or expulsion is either assigned or was possible in light of the charges assigned.

The complainant appeal must be submitted within five (5) days of receiving official notification of the results of the hearing or review.

The complainant may only request an appeal on one or more of the following grounds:

1. stated procedures were not followed that affected the outcome;
2. new evidence is presented, that was not available during the time of the original outcome, relevant to establishing whether it is more likely than not that the respondent is responsible for misconduct; and/or
3. the sanction(s) imposed was outside the College’s sanction range for such violations and/or not justified by the nature of the offense.

The Student Rights Appeals Officer will review the case records and any additional information that is submitted as may be requested by the Student Rights Appeals Officer.

The original decisions regarding responsibility and sanctions may be sustained, modified or reversed. No decision should be overturned or modified without consultation with the Dean of Students, VP of Student Development or the President.

If an appeal is granted, the following process will take place:

1. If an appeal is granted on the grounds that the student has been deprived of his/her rights and/or stated procedures were not followed that affected the outcome for the student(s), the matter will be referred to a new hearing board or Title IX Decision Panel to be reheard.
2. When an appeal is granted on the grounds that new evidence is presented that was not available during the time of the original hearing or review and that is relevant to establishing whether it is more likely than not that the respondent is responsible for misconduct, the Student Rights Appeals Officer shall return the case to the original hearing board or Title IX Decision Panel to be reheard with the new evidence.
3. When an appeal is granted on the grounds that the sanction(s) imposed was (were) outside the College’s sanction ranges for such violations and/or not justified by the nature of the offense, the Student Rights Appeals Officer shall modify the hearing sanction as he/she/they deems appropriate.

The Appeals Officer will forward their decision and rationale in writing (the “Appeal Report”) to the Dean of Students or designee within five (5) business days of receiving the appeal request.  A copy of the Appeal Report will be provided to the respondent and to the complainant, if applicable.  If an appeal is denied, no further review will occur.

All appeal decisions are final.