Or. Admin. Code § 574-032-0120
Current through Register Vol. 63, No. 11, November 1, 2024
Section 574-032-0120 - Appeal of Hearing(1) A Student in Violation may appeal decisions reached at a hearing. The appeal must be filed within five Working Days following the date the Student receives notice of the hearing results. Appeals must be delivered, in writing, to the Office of the Vice President for Student Affairs or the Office of Student Conduct. An appeal form must include specific justification for the appeal as listed in (3) below.(2) In hearings involving a Survivor of alleged sexual harassment or sexual misconduct, the Survivor may appeal decisions reached at a hearing to the Vice President for Student Affairs if the Survivor believes the decision is not in compliance with University standards.(3) Except as required to explain the basis of new information, an appeal will be limited to review of the accurate record of the initial hearing and supporting documents for one or more of the following purposes:(a) To determine whether the original hearing was conducted in conformity with the procedures described in the Code. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results;(b) To determine whether the decision reached regarding the Charged Student was based on a Preponderance of the Evidence;(c) To determine whether the sanction(s) imposed were appropriate to the Charged Student's previous judicial history and to the present violation(s) of the Code; or(d) To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence or facts were not known to the person appealing at the time of the original hearing.(4) The following decisions may be made by the Appeals Body described in (5) below:(a) That evidence exists not available at the time of the hearing sufficient to alter the original decision. In this case the Appeals Body remands the case to the original hearing body for a supplemental hearing;(b) The appeal is denied. In this case, the entire decision of the original hearing body, including sanctions, remains effective. New violations can never be found through the appeal process; or(c) The appeal is upheld. In this case, the Appeals Body renders a new decision, including reducing or removing sanctions, or replacing the findings and sanctions of the original hearing body or officer.(5) Procedure (a) The Vice President for Student Affairs will hear appeals of hearings with the Hearing Sub-Committee and appeals of hearings with the Dean of Students, Student Conduct Coordinator or designee;(b) The Dean of Students or Student Conduct Coordinator will hear appeals of hearings with the University Housing Student Conduct Board and Area Coordinators;(c) Upon receipt of the appeal, the Appeals Body may suspend any or all sanctions pending its decision;(d) The Appeals Body must consider the appeal based on the record, with no new evidence considered, except new evidence that meets the requirements of subsection (4)(d) above. If new evidence becomes available, the Appeals Body must remand the case to a new hearing with the original hearing body. The Office of Student Conduct must provide a complete and accurate record of the original hearing to the Appeals Body. The Appeals Body may, but is not required to, meet with the person appealing the decision; and(e) Within ten Working Days following receipt of the appeal, the Appeals Body will notify the Student in Violation in writing of the results of the appeal.Or. Admin. Code § 574-032-0120
WOSC 3-1982, f. & ef. 10-20-82; WOSC 3-1989, f. 9-5-89, cert. ef. 9-17-89; WOSC 4-1993, f. & cert. ef. 10-21-93; WOSC 2-1996, f. & cert. ef. 11-12-96; Renumbered from 574-030-0058; WOU 3-2001, f. 8-28-01, cert. ef. 8-31-01; WOU 2-2003, f. & cert. ef. 8-1-03; WOU 2-2005, f. & cert. ef. 8-4-05; WOU 2-2009, f. & cert. ef. 7-29-09; WOU 2-2012, f. & cert. ef. 7-31-12Stat. Auth.: ORS 351.070 & 351.072
Stats. Implemented: ORS 351.070 & 351.072