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Appeal Information

Appeal Processes for Category I: General Student Conduct Case Policies & Procedures

Any student/student organization found responsible for a violation of the Code of Student Conduct shall have the right to appeal by filing a written petition for appeal. When the reporting individual has the right to be informed of the outcome of the hearing, the College may allow reporting individuals to appeal.

  • A decision reached by the Conduct Board or a sanction imposed by the student conduct officer may be appealed by the accused student(s)/student organization to the vice president for enrollment management and student affairs or designee. The student/student organization or reporting individual, if applicable, must make an appeal in writing within five (5) business days after receipt of the written decision.
  • 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.
  • Students, members of student organizations, and reporting individuals do not have the opportunity to meet with the appeal officer, unless, in the appeal officer’s discretion, a meeting would serve to clarify an issue on appeal.
  • The appeal officer may take any of the following actions:
    • Affirm the findings and sanctions of the original conduct official or conduct board,
    • Modify the charges and/or sanctions, or
    • Determine the student/student organization not responsible of the charge(s).

NOTE: Appeals must be delivered to: Appeals Officer, Vice President for Enrollment Management and Student Affairs, 7th Floor, Allen Administration Building or designee

Appeal Processes for Category II: Gender-Based and Sexual Misconduct Policies & Procedures

Both the student found responsible and the reporting individual have the right to appeal the decision and/or sanctions to the vice president for enrollment management and student affairs or designee in writing within five (5) business days of receipt of the conduct letter or the final outcome of the conduct case.

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.

Neither the students found responsible nor reporting individuals have the opportunity to meet with the appeal panel, unless, in it’s the discretion, a meeting would serve to clarify an issue on appeal. 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 charges and/or sanctions; or
  • Determine the student/student organization not responsible of the charge(s).

NOTE: Appeals must be delivered to: Appeals Officer, Vice President for Enrollment Management and Student Affairs, 7th Floor, Allen Administration Building or designee.

The appealing student will have access to a full and fair record of the Board Hearing, which will be preserved and maintained for at least five years. The appealing student may access the record by contacting Dr. Kathryn Wilson, Vice President of Enrollment Management and Student Affairs at: (585) 395-2137, 7th floor Allen Administration Building, The College at Brockport, 350 New Campus Drive, Brockport, NY 14420. Notice of the appeal will be sent to the Board Chair, who will notify the student found responsible or reporting individual, as appropriate. The appeal panel, which will consist of a minimum of two College Officials, will rely upon the audio recording and/or written record of the Board, and may consult with Board members. The appeal panel will generally not conduct a new factual investigation. Both the reporting individual and the student found responsible will be notified simultaneously in writing of the outcome of the appeal. Members of the Board will also be notified in writing of the appeal outcome.

Questions should be directed to: studentconduct@brockport.edu

CONTACT US
Campus Location: Thompson Hall - West Wing
Phone Number: 585-395-2122 or 585-395-2108
Fax Number: 585-395-2732
Email: studentconduct@brockport.edu