Appeals

The decision and/or sanction(s) of a student conduct case can be appealed by students through the following listed below: Students who have accepted an Informal Resolution during an Administrative Hearing are not eligible for an appeal.

Basis for an Appeal

An appeal can only be submitted based on the following grounds:

  1. Procedural Error: to allege procedural error(s) within the hearing process that may have substantially impacted the fairness of the hearing, including but not limited to whether any hearing questions were improperly excluded or whether the decision was tainted by bias.
  2. Finding inconsistent with the weight of information: a decision or sanction was issued that is inconsistent with the weight of the information presented in the hearing.
  3. New Information: to consider new information, sufficient to alter the decision, or other relevant facts not brought out in the original hearing, because such information was not known or knowable to the person appealing during the time of the hearing.

Appeals may be made for the above reasons in any case where sanctions are issued, even when such sanctions are held “in abeyance,” such as probationary suspension or expulsion.

Appeals for violations of the University System of Georgia and Dalton State College Sexual Misconduct Policy can be filed by both Students (Respondent & Complainant/Victim) in the case.

Possible Outcomes of an Appeal

The possible outcome regarding appeals at any stage are:

  1. Affirm the original finding(s) and sanction(s)
  2. Affirm the original finding(s), but issue a new sanction(s)
  3. Remand the case back to the decision-maker to correct a procedural or factual defect
  4. Reverse or dismiss the case if there was a procedural or factual defect that cannot be remedied by remand.

Appeal Process

First Level

A student may appeal to the Dean of Students or designee, provided the basis for the appeal is limited to the criteria listed above. Students who have accepted an Informal Resolution during an Administrative Hearing are not eligible for an appeal.

All appeal request and responses in this process are transmitted by electronic mail (which accommodates distance learning Students).

A student found responsible for violating this Code will have five (5) Days from the Receipt of the official outcome letter to appeal. The appeal packet will be limited to a review of the record of the Student Conduct Board, supporting documents, and the Student’s written appeal. The Student must explicitly state why they believe an appeal is warranted.

Any Student wishing to appeal should submit their appeal in writing to the Student Conduct Administrator or their designee. The Student Conduct Administrator will compile all pertinent information and deliver the appeal packet to the Dean of Students or designee. The Dean of Students or designee may:

  1. Affirm the findings and sanctions.
  2. Affirm the finding but issue a new sanction(s) of greater or lesser severity.
  3. Remand the case back to the decision-maker to correct a procedural or factual defect.
  4. Reverse or dismiss the case if there was a procedural or factual defect that cannot be remedied by remand.

The Dean of Students or designee will make a decision in a reasonable period of time. For cases including Suspension or Expulsion, the decision may be appealed to the Vice President of Student Affairs and Enrollment Management or a designee as outlined below.

For cases not including Suspension or Expulsion, the decision of the Dean of Students or designee is the final institutional action. There is no further right of institutional appeal.

Second Level

When eligible, the decision of the Dean of Students or designee may be appealed in writing within five (5) Days to the Vice President of Student Affairs and Enrollment Management or designee. The appeal must be submitted to the Student Conduct Administrator. The Student Conduct Administrator will compile all pertinent information and deliver the appeal packet to the Vice President of Student Affairs and Enrollment Management or designee. The Vice President of Student Affairs and Enrollment Management or designee may:

  1. Affirm the finding(s) and sanction(s).
  2. Affirm the finding(s) but issue a new sanction(s) of greater or lesser severity.
  3. Remand the case back to the decision-maker to correct a procedural or factual defect.
  4. Reverse or dismiss the case if there was a procedural or factual defect that cannot be remedied by remand.

The Vice President of Student Affairs and Enrollment Management or designee will make a decision in a reasonable period of time. Should the Student wish to appeal the decision of the Vice President of Student Affairs or designee, they may appeal to the President.

Third Level

A Student appealing the decision of the Vice President of Student Affairs and Enrollment Management will have five (5) Days from the Receipt of the Vice President for Student Affairs and Enrollment Management’s decision letter to appeal. The appeal packet will be limited to a review of the record of the Student Conduct Board, supporting documents, and the Student’s written appeal. The Student must explicitly state why they believe an appeal is warranted.

Any Student wishing to appeal should submit their appeal in writing to the Student Conduct Administrator. The Student Conduct Administrator will compile all pertinent information and deliver the appeal packet to the President. The President may:

  1. Affirm the findings and sanctions.
  2. Affirm the findings but issue a new sanction(s) of greater or lesser severity.
  3. Remand the case back to the decision-maker to correct a procedural or factual defect.
  4. Reverse or dismiss the case if there was a procedural or factual defect that cannot be remedied by remand.

The President will make a decision in a reasonable period of time. Should the Respondent wish to appeal the President’s decision, they may appeal to the University System of Georgia Board of Regents in accordance with the Board of Regents Policy 6.26.