Sexual Misconduct Policy Appeal Procedures
Regardless of whether alleged sexual misconduct is resolved through an administrative handling or through an Administrative Board hearing, both the charged student and the complainant have the option of submitting one written appeal request, as detailed below. Typically, the charged student and the complainant are not afforded a meeting with the person resolving the appeal request(s). Regardless of the outcome of the appeal request(s), both the charged student and the complainant are notified in writing of the appeal outcome. Appeal outcome decisions are final decisions in the disciplinary process; additional appeal is not available through the Honor and Student Conduct Codes and Regulations.
An appeal request concerning charges and/or sanctions stemming from B-level violations of the sexual misconduct policy resolved administratively without a hearing may be made by the charged student and/or by the complainant on the grounds of incorrect determination of responsibility and/or on the ground of sanction(s) disproportionate to the severity of the violation. An appeal request of an administrative handling must be made in writing by the specified deadline to the vice president and dean for student development or his designee.
An appeal request concerning the outcome of an Administrative Board hearing addressing alleged sexual misconduct may be made by the charged student and/or by the complainant on one or more of the following grounds:
- new information not available at the time of the hearing that likely would significantly alter the hearing panel's understanding of the case;
- sanction(s) disproportionate to the severity of the violation; and/or
- incorrect procedure that substantially impacted the fairness of the judicial board hearing.
The appeal request concerning the outcome of an administrative board hearing addressing alleged sexual misconduct may include one letter from one character reference (current Lynchburg College student, faculty, or staff member only). Appeal requests may result in decisions to uphold all original decisions made by the judicial board, to reverse or modify in any way the original decisions, or to return the case to the Administrative Board for a new hearing.
An appeal request concerning decisions rendered through an Administrative Board hearing must be submitted in writing to the Office of the Dean of Students within two class days after the hearing ended. The Office of the Dean of Students forwards the appeal request to the president of the College or his designee for resolution.
When making an appeal outcome decision, the president of the College or his designee may reference the written appeal request, all documents concerning the case, the audio recording of the original hearing and all information presented in that proceeding, as well as interview the chairperson of the original hearing panel regarding procedures followed and decisions made.
The Office of the Dean of Students will not initiate contact with either the charged student or the complainant to notify him/her that the other party submitted an appeal request. Lack of an appeal by either party will be interpreted as his/her acceptance of the original decision. After the appeal submission deadline has passed, the appropriate appeal review person will consolidate all appeals received and render a decision. Both the charged student and the complainant are notified in writing of the appeal outcome.