Chancellor’s Appeal Procedures: Rochester

(revised 2019)

A University of Minnesota Rochester (UMR) student found to have violated Board of Regents Policy: Student Conduct Code is entitled to an appeal of disciplinary decisions made in the formal hearing process. The reporting party in a sexual assault, sexual harassment, stalking or relationship violence case also has the right to an appeal.

Grounds for Appeal

The following are the grounds for appealing a disciplinary decision:

• There was significant procedural error sufficient to affect the outcome (e.g., lack of notice, opportunity to be heard, opportunity to challenge information, insufficient documentation supporting decision). A procedural error is not a basis for sustaining an appeal unless it was significant enough to affect the outcome.
• The rule found to have been violated was misapplied, misinterpreted, or contrary to law.
• New evidence exists that was not previously available to the appealing party and that is sufficient to affect the outcome.
• The sanction was grossly disproportionate to the offense.

Nature of Appellate Review

A student found to have violated Board of Regents Policy: Student Conduct Code or the reporting party in a sexual assault, sexual harassment, stalking or relationship violence case has the right to appeal the disciplinary decision. Appellate review generally is a review of the record to determine whether a serious error occurred in the original proceeding that resulted in unfairness. Appellate review respects the credibility judgments of the hearing body, and respects the hearing body’s determinations as long as there is any evidence to reasonably support them.

Cases involving alleged violations of Section IV, subdivision 8, Sexual Harassment, Sexual Assault Stalking, and Relationship Violence of Board of Regents Policy: Student Conduct Code will be addressed as described in Administrative Policy: Sexual Harassment, Sexual Assault, Stalking and Relationship Violence.

Appellate Officer

The appellate officer makes the final University decision regarding student discipline. The Chancellor serves as the appellate officer, unless the Chancellor authorizes another administrator who holds a position of campus-wide scope to serve as the appellate officer.

Parties and Advocates

The parties to an appeal are (1) the appellant, who is the student found to have violated Board of Regents Policy: Student Conduct Code or the reporting party in a sexual assault, sexual harassment, stalking or relationship violence case, and (2) the respondent, who is either the chair or a representative member of the original hearing panel. The appellant may be represented by an advocate or attorney. If the appellant is represented by an attorney, the respondent will be represented by an attorney from the Office of the General Counsel. Unless the appellate officer decides otherwise, the appeal is a written appeal and representation by an advocate or attorney is limited to providing written information.

Procedure for Filing an Appeal

To appeal a disciplinary decision, a student found to have violated Board of Regents Policy: Student Conduct Code or the reporting party in a sexual assault, sexual harassment, stalking or relationship violence case must submit to the Chancellor a written statement specifically identifying the ground(s) for the appeal, explaining why the ground(s) for appeal are met, and providing any supporting documentation. The statement must be received within seven (7) working days of the formal disciplinary decision.

Review of Information

To decide an appeal, the appellate officer reviews the written appeal submitted by the appellant and may review any or all portions of the record as appropriate to decide the appeal. The appellate officer also has discretion to seek further information to assist in deciding the appeal, including one or more of the following:

• additional written information from the appellant, including citations to key portions of the record;
• a written response from the respondent;
• written responses to questions, from either the appellant or the respondent; and
• oral presentations from the appellant and the respondent (or their advocate/attorney), which will be recorded.

In cases of sexual assault, sexual harassment, stalking or relationship violence, if the student found to have violated Board of Regents Policy: Student Conduct Code is asked to submit written information or to appear for an oral presentation, the reporting party will be offered the same opportunity. If the reporting party in a sexual assault, sexual harassment, stalking or relationship violence case is asked to submit written information or to appear for an oral presentation, the student who was accused will be offered the same opportunity. At any oral presentation, the accused student and the reporting student each may be accompanied by a support person.

Appellate Decision

The appellate officer makes the final University decision. The appellate officer may accept, modify or reject the disciplinary decision of the hearing body, or return the matter for further proceedings. The appellate officer will provide a written decision to the appellant and the chair of the hearing body. In cases of sexual assault, sexual harassment, stalking or relationship violence, the appellate officer will provide simultaneous written notice to the accused student, the reporting party, and the chair of the hearing body. The appellate officer will strive to issue a final decision within ten (10) business days of the receipt of the written appeal.

Sanctions Pending Appeal

Academic (grade) sanctions by the hearing body are implemented immediately, even pending appeal. Disciplinary sanctions affecting the student's status/attendance at the University generally are stayed pending appeal, unless the Chancellor or delegate determines that sanctions should be immediately implemented because the underlying offense involved serious harm to another person or the student otherwise presents a continuing risk of harm or disruption to the community. All other disciplinary sanctions are generally stayed pending appeal.