Appeals Process

Illinois State University sets disciplinary actions based upon the operational procedures established by the Student Code of Conduct and the Community Rights & Responsibilities. Appeals processes for students are provided to be certain that the procedures used for resolving disciplinary and grievance matters are followed in such a manner as to provide fundamental fairness to all parties involved. An appeal is not a re-hearing of a case, but instead is an independent review of the process utilized to reach the original finding or decision.

If you believe the decision-making process of your case was in error, please note that the burden of proof will be up to you to demonstrate that the decision-making process in the original matter was flawed.

Filing an Appeal

To file an appeal, you must follow the procedures established in the Code of Student Conduct and complete an Appeals Request Packet. It must be submitted to Community Rights & Responsibilities at 120 Student Services Building by the established deadline date.

Disciplinary decisions reached by student agreement with a case manager or hearing officer may not be appealed. Disciplinary decisions reached by administrative case managers that are made without a student's agreement must be appealed to Richard T. (Rick) Olshak, Associate Dean of Students. Appeals should be delivered to 120 SSB (Campus Box 2440). The decision of the Associate Dean is final.

Disciplinary decisions of the University Hearing Panel must be appealed to the Student Code Enforcement and Review Board (SCERB). These may be delivered to Dr. Brent Paterson, Associate Vice President of Student Affairs, 201 Hovey Hall (Campus Box 2100). The decision of SCERB is considered final, except in cases where the appealing student has been disciplinarily suspended or dismissed from the University. In these cases, the matter may be appealed to the Vice President of Student Affairs (or the Provost in cases of academic integrity). Information on how to utilize this process shall be provided by SCERB.

All appeals of student grievance matters must be appealed to the Student Code Enforcement and Review Board. These may be delivered to Dr. Brent Paterson, Associate Vice President of Student Affairs, 201 Hovey Hall (Campus Box 2100). The decision of SCERB is considered final.

Appeals Process Procedures

Appeals of University Hearing Panel and administrative decisions shall be subject to the following procedures:

1. A decision may be appealed by the accused student and/or the aggrieved party to the Student Code Enforcement and Review Board (SCERB) within five school days of the initial decision letter. Such appeals shall be in writing and shall be delivered to Community Rights & Responsibilities. Aggrieved parties may only appeal sanctions imposed for misconduct, not the finding of violations.
2. The appeal should be made in writing to the Executive Secretary of SCERB (see Section XVIII.B.1). He/she should meet with the appealing party prior to the appeal hearing to review procedures and answer questions about due process.
3. The appeal hearing shall be an informal proceeding. The appealing party shall provide a rationale for the appeal and be questioned by the members of SCERB. Responding parties shall also be given an opportunity to provide a statement and be questioned by members of SCERB.
4. Except as required to explain the basis of new information, an appeal shall be limited to the review of the record of the original proceeding and/or supporting documents for determining if one or more of the following conditions exist:
   • Procedural Error – to determine whether or not the original hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures. Deprivation of due process rights shall be considered procedural error. Any error committed must be determined to have substantially impacted the fairness of the disciplinary process.
   • Unsupported Conclusion – to determine whether or not the decision reached regarding the accused student was based on substantial evidence and a reasonable conclusion that a preponderance of evidence existed in support of the violation(s).
   • Disproportionate Sanction – to determine whether the sanction(s) imposed were appropriate for the violation of the Code that the student was found to have committed.
   • New Information – to consider new information, sufficient to alter a decision, or other relevant facts not brought out at the original hearing, because such information and/or facts were not known to the person appealing at the time of the original hearing

Cases in which a student has signed a disciplinary agreement with Residence Hall staff, the University Housing Services disciplinary officer, or with CR&R staff may not be appealed, except in cases involving suspension or appeal. Cases in which the University Housing Services disciplinary officer has imposed a decision upon a student without signed student consent and cases in which an CR&R staff member has imposed a decision upon a student without signed student consent may be appealed to Richard T. (Rick) Olshak, Associate Dean of Students. Decisions of the University Hearing Panel may be appealed to the Student Code Enforcement and Review Board. Decisions of the Student Code Enforcement and Review Board that result in a student's disciplinary suspension or dismissal may be appealed to the Vice President of Student Affairs. All appellate decisions, except otherwise noted above, are considered final.

Appeals Process Outcomes

The the Student Code Enforcement and Review Board (SCERB) may, after reviewing all available and relevant information, elect to:

1. Affirm the finding and sanction originally determined.
2. Affirm the finding and modify the sanction. In cases where the accused student is the appealing party, the sanction may not be increased. In cases where the aggrieved party is the appellant, the sanction may be increased or reduced by SCERB as it deems appropriate.
3. Remand the case for a new hearing, except in cases where the aggrieved party is the appellant.
4. Dismiss the case, except in cases where the aggrieved party is the appellant.

The members of SCERB shall not supplant their judgment over the decision of the original hearing body, but only review the original hearing process and outcome to determine if the appellant was given a fair hearing and to determine if the outcome of the hearing was consistent with the information provided to the University Hearing Panel. Since deference shall be given to the determination of disciplinary bodies:

1. Sanctions should only be increased or reduced if found to be clearly disproportionate to the gravity of the violation, precedent for similar offenses and/or the accused student's prior disciplinary record.
2. Cases should be remanded to a new hearing if specified procedural errors were so substantial as to effectively deny the accused student a fair hearing.
3. Cases should only be dismissed if the finding of the disciplinary body is held to be arbitrary and capricious.