Appeal Process for Cases Involving Sexual and Interpersonal Violence

(See full policy under Sexual and Interpersonal Violence Prevention, Policies and Procedures.)

48.  Either party may submit an appeal within five (5) class days of the hearing outcome notification for the following reasons:

     A.  There was significant procedural error of a nature sufficient to have materially and detrimentally affected the outcome.

     B.  There is significant new evidence of which the appellant was not previously aware; that the appellant could not have discovered through the exercise of reasonable diligence; and the absence of which was sufficient to have materially and detrimentally affected the outcome.

     C. The sanctions(s) imposed are grossly disproportionate to the charges found to have occurred.

Appeals from the decision of a College level student conduct body/officer (i.e., Student Conduct Committee or Dean's level hearing) shall be directed in writing to the Assistant Dean of Students by either party within five (5) class days of the Respondent’s receipt of the written decision.  If an appeal is submitted by one party, the non-requesting party will receive notice of the appeal and within five (5) class days of receipt of notice of an appeal, may submit to the Assistant Dean of Students a statement of his or her position regarding the decision of the hearing body. This individual will not have access to the appealing party's letter of appeal. The party initiating the appeal of the decision of the hearing body will also receive notice of the five-day period indicating an opportunity to amend or add to his or her submitted appeal. Final submissions will be due concurrently at the end of the designated five-day period.

The Appellate Hearing Committee shall review the decision on the basis of consideration of procedural error, significant new evidence and or grossly disproportionate sanctions. The Committee shall provide the Assistant Dean of Students with a written explanation of any modification of the decision. In the absence of a timely appeal, the Dean of Students determination will be final and conclusive. Upon receipt of an appeal that complies with these requirements, the Appellate Hearing Committee may decide it on the basis of the statement of appeal and the record; consult with Dean of Students; the Student Conduct Committee; other persons deemed appropriate; and/or grant the Appellant a conference to explain the appeal in person. The Appellate Hearing Committee may sustain, reverse, or modify the Dean of Students’ determination and/or may hear the case on appeal.

Notification of the Appellate Hearing Committee's resolution of the appeal will be made by letter sent to the appellant's SUNY Oswego email account by the Assistant Dean of Students.  The complainant/reporting party will also receive notice of the decision. The respondent or complainant/reporting party may request a review of the case by the President by submitting a request in writing to the Vice President for Student Affairs and Enrollment Management. However, whether or not the case will be reviewed is the prerogative of the President. This appeal is final within the campus Student Conduct system.

The submission of an appeal does not by itself prevent or defer implementation of the sanctions imposed by the Dean of Students. However, at the request of the appellant, the Dean of Students, in discretion and for good cause,  may defer implementation of some or all of those sanctions during the pendency of the appeal.

For more information see Sexual and Interpersonal Violence Prevention, Policies and Procedures. Approved by college council on February 6, 2015 and in accordance with NY Education Law Article 129-B.

For more information, contact:

  • Becky Nadzadi, Assistant Dean of Students, Title IX Investigator, Dean of Students Office, 501 Culkin Hall, 315.312.3378