A student who is found responsible for a violation and assessed a sanction has five (5) university business days from the date of notification of the sanction to file an appeal with the Associate Vice President of Student Affairs and Auxiliary Services.
A. Bases of Appeal
There are four bases of appeal:
Substantial new evidence not available at the time of the original hearing
Violation of due process rights
The sanction is not commensurate with the violation
The finding of responsibility is inconsistent with the facts presented in the hearing
An appeal must be written, signed, and submitted by the student and shall be typewritten.
An evaluation of the written appeal by the Associate Vice President of Student Affairs and Auxiliary Services will determine whether an appeal hearing is warranted. For an appeal to be considered valid, one or more bases of appeal must be cited and appropriately supported in the written appeal. The Associate Vice President of Student Affairs and Auxiliary Services’ decision is final.
D. Appeal of Sanctions Other Than Separation From the University
If the Associate Vice President of Student Affairs and Auxiliary Services finds that there is adequate basis for an appeal, he/she will appoint a subcommittee of the Honor Council to hear the appeal. The members of the Appeals Subcommittee shall not have participated in any proceeding related to any appeal that they consider. Its decisions are final.
E. Appeal of Separation From the University
A student who has been assessed a disciplinary sanction of expulsion, dismissal, or suspension from the University by the Honor Council may file an appeal with the Associate Vice President of Student Affairs and Auxiliary Services. If the Associate Vice President of Student Affairs and Auxiliary Services finds that there is adequate basis for an appeal, he/she will forward the request to the chair of the Honor System Separation Appeals Panel.
The TAMUG Academic Appeals Panel shall serve as the Honor System Separation Appeals Panel and be made up of faculty, staff, and students appointed by the Senior Vice President and Chief Academic Officer. Its members shall be independent of the Honor Council. Its decisions are final.
F. Disciplinary Action Pending Appeal
Following the notification of intent to appeal and pending the appeal hearing, the disciplinary action taken by the university shall be stayed unless the university has determined in a case involving suspension, dismissal or expulsion that the continued presence on campus of the charged student poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process.
G. Limits Per Case
Students are limited to one appeal per case filed against them.
H. Honor Council Assistance
The Office of Academic Enhancement will provide assistance to students who request it, to fill out and file an appeal.
The following process shall apply to every appeal, whether an appeal to the Honor Council for a sanction not involving separation from the university or an appeal of a decision of separation.
A student found responsible for violation has five ( 5) university business days to file an appeal in writing to the Associate Vice President of Student Affairs and Auxiliary Services.
An evaluation of the written appeal by the Associate Vice President of Student Affairs and Auxiliary Services will determine whether an appeal hearing is warranted . Students will be given opportunity to have one appeal, and can get assistance from the Office of Academic Enhancement when filling out the appeal form.
The Associate Vice President of Student Affairs and Auxiliary Services has the option of extending any deadline for extenuating circumstances.
The following are the only accepted bases of appeal.
A violation of due process rights: To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures giving the accused student a reasonable opportunity to prepare and present rebuttal of allegations.
The finding of responsibility: To determine whether the decision reached regarding the accused student was based on a preponderance of evidence, that is, whether the facts in the case were sufficient to establish that a violation of the Honor System Rules occurred.
Severity of the Sanction(s) : To determine whether the sanction(s) imposed were appropriate for the violation of the Honor System Rules which the student was found to have committed.
Information not available at the time of the original hearing: To consider new information, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original hearing.
Upon the receipt of the written request for a hearing, the Associate Vice President of Student Affairs and Auxiliary Services shall set a time and place for the hearing as soon as practicable.
The Chair shall sit as a hearing officer and shall not take part in the vote or otherwise participate in the deliberations of the panel except to cast tie breaking vote.
The proceedings of the appeal process shall be informal in nature and need not comply with the formal processes associated with the criminal and civil courts.
The student shall have the right to have one person serve as a personal advisor/counselor to consult during the appeal proceedings. (Students who are charged in the same fact pattern, or who are not in good standing in the university are not eligible to serve as an advisor/counselor at appeal proceedings). A personal advisor or counselor (who may be an attorney) may appear at the appeal proceedings with the accused student to provide advice, but may not represent the accused student or directly question or cross-examine witnesses. There is no restriction on who a student may consult or seek advice from.
An Honor System representative and the appealing student shall be afforded the opportunity for a reasonable oral presentation and shall be permitted to file typewritten or reproduced material.
The Chair shall cause all portions of the hearing to be recorded, except for the panel’s deliberations. The appealing student may obtain a copy of the recording at his her own expense.
The panel may take any of the following actions in response to an appeal: it may review the case and uphold the findings and/or sanctions from the previous level; it may review the case and reverse a finding of responsibility for any or all charges; it may review the case and reduce the sanction(s); it may review the case and require that it be heard again by the original hearing body .
After hearing an appeal, the panel will go into closed session to deliberate. Upon conclusion of its deliberation (which may take place over a course of several days), the panel shall inform the student of its decision. A letter outlining the decision of the panel shall be sent to the appealing student.