Overview

A student/student organization found responsible through a conduct board hearing panel (“respondent”) and/or a complainant, when applicable, in a case may appeal the hearing panel’s decision by submitting a written appeal statement within three days of the date the hearing report is sent to the respondent (and complainant, as applicable). Appeals are limited to five pages (12-point font, 1-inch margins). 

The two grounds for appeal are: 
  1. New information not reasonably available at the time of the hearing that is material to the hearing panel’s decision; and/or
  2. Procedural error(s) that materially impacted the hearing panel’s decision. 

The appeal statement must identify the ground(s) for appeal. Note that an appeal is not a re-hearing of the case. 

The composition of the Appellate Board includes members of the University community appointed by the Vice Provost/ Vice President for Student Affairs. The chair of the Appellate Board or the chair’s designee is responsible for selecting three-person panels from membership of the Appellate Board to consider appeals. 

If the grounds of appeal are unsubstantiated, the OSCCS hearing panel's decision stands. If it is substantiated, the case is returned to OSCCS. When a case is returned to OSCCS, OSCCS may decide to drop the case (e.g., based on insufficient information to believe that a policy violation may have occurred), send the case to the original hearing panel for reconsideration, send the case to a new hearing panel with the same or different charges, and/or (re)implement any aspect of the disciplinary process. An alternative decision regarding responsibility and/or outcomes may subsequently lead to a different decision. 

Procedures

The Respondent Board’s role is limited to reviewing the hearing panel record, hearing packet, the respondent's written appeal statement, any response to that statement by the other party (“Appellee”) as applicable, and information presented at a meeting of the Respondent Board, if convened. 

The appellate panel will typically notify the parties of its decision regarding an appeal in writing within 20 business days from receipt of the appeal statement. If the decision will take longer, the chair will inform the parties. 

The following procedures guide the Respondent Board process

Appeal Statement

The written hearing report will include instructions for submitting an appeal. The chair of the Respondent Board may summarily deny an appeal if it is not based on one or both grounds of appeal. 

Composition of Panel

If the appeal is not summarily denied by the chair, the chair will convene a three-person panel and notify the respondent and appellee of the names of the panel members. The chair will select two (2) individuals from the Respondent Board to serve on the panel. The respondent and/or appellee may challenge the participation of an appellate panelist because of perceived conflict of interest, bias, or prejudice. 

Such challenges, including rationale, must be made within 48 hours of notification of the names of the appellate panelists. At its discretion, the chair of the appellate panel will determine whether such a conflict of interest exists and whether a panelist should be replaced. Postponement of an appellate hearing may occur if a replacement panelist cannot be immediately identified. 

RESPONSE TO APPEAL BY APPELLEE (IN CASES INVOLVING HARASSMENT OR SEXUAL MISCONDUCT) 

The chair will provide written notice to the complainant that an appeal has been submitted and will give the complainant an opportunity to review the appeal statement. The complainant may submit a written response to appeal. The response is due five business days from the date the chair provides written notice of the appeal to the complainant is limited to five pages (12-point font, 1-inch margins). The chair will provide the Respondent with an opportunity to review the response, though no additional opportunity to respond in writing will be provided to the Respondent. 

Exceptions

The Respondent (and Complainant as applicable) may submit to the chair requests for exceptions to page limits or deadlines. Exceptions must be requested in advance of any deadline by sending an email to appeals@duke.edu, with justification for such request(s). If either party fails to meet a deadline or exceeds page limits without receiving an exception, the chair has the discretion to summarily reject an appeal, or the appellate panel may disregard the response. 

Meetings

General Conduct Meeting 

The appellate panel meeting gives the party(ies) an opportunity to amplify the reason(s) for the appeal or the response. The respondent (and complainant as applicable) may bring an advisor of their choice from the University community to the appellate meeting. 

Written Decision

The Appellate Board will provide written notification of the final decision to the respondent (and complainant, if applicable, at approximately the same time).