An appeal is not a new hearing; rather it is a review of the case record and the decision of the hearing board to determine if the decision was appropriately reached. Only the Respondent may appeal the finding of a hearing board.
Appeals for Minor Violations
A decision reached by the Dean of Students or designee may be appealed by the respondent to the Associate Vice Chancellor for Student Affairs or designee within five (5) days of the Respondent’s receipt of notice of the decision. Such appeals shall be in writing, signed by the student and shall include specific, detailed information regarding the perceived grounds for appeal and the information the respondent feels supports their appeal. The appeal must be submitted in writing via the students university email account to the Associate Vice Chancellor for Student Affairs, or their designee.
An appeal shall be limited to a review of the caserecord of the hearing and supporting documents for one or more of the following purposes:
To determine a violation of due process;
To determine whether there was a material deviation from Substantive and Procedural Standards adopted by the Board of Governors.
The Associate Vice Chancellor for Student Affairs or designee will respond in writing via University email to the appeal within 10 days of receipt. If an appeal is granted by the Associate Vice Chancellor for Student Affairs or designee, the matter may be addressed in one of the following ways:
Modification of the outcomes; or
Remand of the case to the Hearing Board (only if specified procedural errors were so substantial as to effectively deny the party a fair hearing, or if new and significant evidence became available which could not have been discovered by a properly diligent party before or during the original hearing); or
If the appeal is denied, the outcomes are active and the respondent must abide by their terms.
If an appeal is denied, the student must comply with the original outcomes. If the imposed deadlines for outcomes need modifications in light of the duration of the appeal process, the student must make the request for an extension in writing to the Associate Dean of Students, or their designee, within two (2) days of the appeal findings. All appeal determinations are final.
Appeals for Serious Violations
A determination or an outcome imposed by the Dean of Students or designee may be appealed by the Respondent(s) to the Vice Chancellor for Student Affairs or designee within five (5) days of the decision. Such appeals shall be in writing via University email and shall be delivered to the Vice Chancellor for Student Affairs or their designee. Also, the respondent MUST deliver to the Vice Chancellor for Student Affairs a written intent via University email to appeal within 48 hours of receipt of the Dean of Students’ (or designees) decision.
Imposed outcomes are in place and active through the appeal process completion pursuant to an interim suspension and all rights therein.
Appeals shall be limited to a review of the case record of the conduct hearing and supporting documents. The appellate body may call for the submission of new and/or additional oral or written evidence as necessary to reach a fully informed decision. The Respondent shall be provided fair opportunity to respond to such additional evidence before the appeal is decided, and the evidence shall be added to the record of the hearing. Appeals are limited to the following grounds, as per University of North Carolina Code Section 502 D(3), (see Section II):
The Vice Chancellor for Student Affairs (or designee) will respond in writing via University email to the appeal within ten (10) days of receipt of the written appeal. If an appeal is granted by the Vice Chancellor for Student Affairs (or designee), the matter may be addressed in one of the following ways:
Remand of the case to the original Hearing Board for re-opening of the case; or
Return of the case to the Associate Dean of Students (or designee) for a new hearing.
No appeal to the Chancellor of UNC Asheville is permitted. All appeal determinations are final.