Respondents who have been found responsible for violating the Code of Conduct (the Code) may file an appeal online to the Vice President of Student Affairs and Dean of Students or their designee by following the procedures described in Section 27 of the Code. An appeal is not available for every respondent found responsible. Respondents may only appeal decisions arising out of a Disciplinary Hearing or conference that resulted in a suspension or expulsion from the University, with the following exceptions:

  1. In cases involving violations of Title IX, both the respondent and complainant may appeal regardless of the outcome.
  2. Appeals of decisions emanating from residence hall disciplinary proceedings that result in the loss of housing may be appealed as outlined in Section 27 of the Code.

An appeal is not a rehearing of the case and will not be granted based on a Respondent’s disagreement with a decision; rather, an appeal is an administrative review of the investigation and hearing process to identify any procedural errors, consider newly discovered information, and/or assess the proportionality of sanctions.

Instructions for submitting a request for an appeal are included in all University outcome letters for which a request for an appeal is possible.

Summary of Appeal Process

  • Requests for appeal must be submitted by 4:30 pm on the third business day after the Outcome Letter is issued.
  • Students have the ability to log in using Adelphi University credentials and submit the appeal online. As an alternative, a written request for appeal can be submitted in-person to Nexus 301, or emailed to the Vice President of Student Affairs.
  • When an incident involves multiple Respondents, each individual Respondent wishing to appeal must submit their own, individual request for appeal.
  • Appeals must meet at least one of the criteria detailed in Section 27 of the Code of Conduct.
  • Your request for an appeal is not an automatic rehearing. The following actions may be taken by an appeal board if your request for appeal is granted:
    • If the request for appeal does not have sufficient merit as to the grounds necessary to grant an appeal, then the appeal board may determine that the finding stands, as does the sanction.
    • If the process in the original hearing or conference contained improprieties that substantially affected the outcome of the case, then the matter will normally be returned to the original hearing body or person to reopen the hearing with instructions for further proceedings. In unusual cases, the appeal board may require a new hearing or conference.
    • If there is relevant new information that was not available at the time of the original hearing or conference, then the matter will normally be returned to the original hearing body or person for consideration.
    • If it is determined that the sanction is clearly inappropriate, the appeal board may, at its discretion, refer the matter back to the original hearing body or person, or modify the sanction.

Appeals are typically resolved within 30 days following receipt of the written appeal request. University appeal decisions are final.

Appropriate/Acceptable Grounds for Conduct Appeals

1. Significant Procedural Error

A procedural error has occurred that significantly impacted the outcome (e.g., substantiated bias, material deviation from established procedures, etc.) This error must be described in the letter requesting an appeal. Minor or harmless deviations from the process will not invalidate the proceedings.

2. Discovery of New Information

The discovery of relevant new information that was unavailable during the original process, which has become available and could impact the outcome. A summary of this new evidence, why it was previously unavailable and its potential impact must be included in the request for appeal.

3. Disproportionate Sanctions

The sanction imposed is clearly not appropriate for the violation. This does not mean that you disagree with the sanction assigned. This means that the proportionality of the sanction to the violation has no basis, and/or this sanction has never been assigned to this violation in the past.

This information is presented as a summary only. A complete description of the appeal process can be found in Section 27 of the Code of Conduct.

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