Minnesota State University Moorhead

policy & procedure for appeals

appeal policy & procedure
summary suspension
appeal for suspension

appeal policy & procedure

Regardless of the disposition of the case, the complainant or the respondent has the right to appeal in writing to the Vice President for Student Affairs within six school days after the date of the receipt of notification of sanction. Dissatisfaction with the judicial decision or sanction is not grounds, in itself, for an appeal.

In general, an appeal must be based on error committed during the investigation and/or hearing process that had a substantial effect on the outcome of the case. The right of appeal does not guaranteed a full rehearing of the entire case. Rather, the Vice President shall limit his/her review of the Student Conduct Committee’s record to the following grounds.

1. New evidence not reasonably available at the time of the hearing

2. Inconsistency of the sanction relative to the severity of the violating behavior

3. Violation of due process rights or hearing procedures

Possible appeal outcomes include: upholding the sanction; decreasing or increasing the sanction; or referring the case back for a rehearing.

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Summary Suspension

In certain circumstances, a University administrator may impose a summary suspension prior to the informal or formal proceedings described in the previous articles. A summary suspension may be imposed only when, in the judgment of the administrator, the accused student’s presence on the college or university campus would constitute a threat to the safety and well-being of members of the campus community. Before implementing the summary suspension, the accused student shall be given oral or written notice of the intention to impose the summary suspension and shall be given an opportunity to present oral or written arguments against the imposition of the suspension. Notice of the intention to impose the summary suspension shall be provided in writing to the student. After the student has been summarily suspended, the student shall be provided an opportunity for a formal or informal hearing within the shortest reasonable time period, not to exceed nine days. During the summary suspension, the student may not enter the campus without obtaining prior permission from the administrator.

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Appeal for Suspension

Students are provided an avenue of appeal (See Policy and Procedures for Appeal). In addition, cases involving sanctions of suspension for 10 days or longer, students shall be informed of their right to a Minnesota Statute “Chapter 14” hearing by the Minnesota State Hearing Examiners Officer (only for suspension of 10 days or longer or expulsion).

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ŰDiscplinary Sanctions & Violations Additional InformationÜ