Appeal Process for Code of Student Conduct Category II: Sexual/Gender Based Discrimination & Interpersonal Violence
Both the respondent, who is found responsible for a Code of Student Conduct Category II Sexual/Gender Based Discrimination & Interpersonal Violence violation and the complainant, have the right to appeal the decision and/or sanctions to the vice president for student affairs or designee in writing by submitting a letter, no more than five pages, in opposition to the hearing outcome and/or sanctions, within five (5) business days of notice having been issued.
An appeal may be heard on the following grounds only:
- Due Process: The Conduct Board or student conduct officer failed to observe the procedural requirements established by the Code of Student Conduct.
- Severity of Sanction: The sanction is “too severe” or “not severe enough” based on the proven offense.
- New Evidence: New evidence has appeared that: 1) was not known at the time of the original hearing; 2) could not have reasonably been discovered at the time of the original hearing; and 3) is material, so may have had an impact on the outcome of the original conduct decision.
Appeals may be submitted electronically or delivered to: Appeals Officer, Vice President for Enrollment Management and Student Affairs, 7th Floor, Allen Administration Building, or designee. Notice that an appeal has been made will be provided to the other student after the deadline to appeal has passed.
The appealing student whose hearing was recorded will have access to a full and fair record of the board hearing, which will be preserved and maintained for a period of seven (7) years from the date of the last entry or until the student graduates, except in a matter of suspension or dismissal, in which case the record is maintained indefinitely.
The appealing student may access the record by emailing the student conduct director at Thompson Hall, West Wing, at dgreer@brockport.edu or calling (585) 395-2122.
The appeal panel, which will consist of a minimum of two SUNY Brockport officials, will rely upon the audio recording and/or written record of the student conduct officer/board, and may consult with the student conduct officer/board chair/board members. Neither the student found responsible nor the complainant will have the opportunity to meet with the appeal panel, unless, in the panel’s discretion, a meeting would serve to clarify an issue on appeal. The appeal panel will generally not conduct a new factual investigation.
The appeal panel may take any of the following actions:
- Affirm the findings and sanctions of the original conduct official or conduct board;
- Modify the findings and/or sanctions;
- Overturn the findings of “responsible” or “not responsible”; or
- Remand for a new hearing.
Both the complainant and the respondent will be notified simultaneously in writing of the outcome of any appeal. Members of the board, the Title IX coordinator, and the investigators will also be notified in writing of the appeal outcome.
Questions should be directed to: studentconduct@brockport.edu