Regardless of whether an incident is resolved through an administrative handling or through a judicial board hearing, a charged student found responsible for misconduct has the option of submitting one written appeal request, as detailed below. When an incident is resolved through the Interpersonal Misconduct Policy and Response Procedures, appeal procedures detailed in that policy are implemented.
Lack of an appeal by the charged student is interpreted as his/her acceptance of the original decision. If no appeal is submitted, the original decision becomes the final outcome of the student disciplinary process.
When an appeal request is submitted, the charged student is typically not afforded a meeting with the person resolving the appeal request. Regardless of the outcome of the appeal request, the charged student is 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.
Appeal Request of Administrative Handling Decisions
An appeal request concerning charges and/or sanctions stemming from B-level violations resolved administratively without a hearing may be made by a charged student on the ground 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 representative of the Office of the Dean of Students who issued the charges and sanctions.
Appeal Request of Judicial Board Hearing Decisions
An appeal request concerning the outcome of a judicial board hearing may be made by a charged student 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 may include one letter from one character reference, regardless of whether a different character reference letter was submitted during the hearing. A character reference must be a current Lynchburg College student, faculty, or staff member who did not participate in the hearing in another capacity. An appeal request may result in a decision 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 judicial board for a new hearing.
An appeal request concerning decisions rendered through a judicial 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 appropriate review person. In general, appeal requests are resolved by the vice president and dean for student development. If the vice president participated significantly in pre-hearing address of the matter or in the hearing, then the appeal is resolved by the president of the College or his designee. Appeals of academic integrity policies are typically delegated to the vice president and dean for academic affairs.
When making an appeal outcome decision, the review person 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.