St. Cloud State University

Appeal Procedure

Following the outcome of an administrative hearing, an accused student may appeal the decision of the Associate Vice President for Student Life and Development to the Vice President for Student Life and Development. In the event the case is heard by a Residence Hall Director, the appeal normally will be heard by the Associate Director of Residential Life. If an administrative hearing is conducted by the Director of Residential Life, the appeal usually will be directed to the Associate Vice President for Student Life and Development.

The request for an appeal must be submitted in writing within two (2) days of the date of the disciplinary record form which will be given to the student following the hearing. Failure to file a request for an appeal in a timely manner or request an extension, constitutes a waiver of any right to an appeal. Requests for an appeal or extension are to be submitted in writing to the Vice President for Student Life and Development. However, when the Vice President is unavailable requests must be given to the designated Appeals Officer. Generally, the basis for an appeal will be limited to these grounds:

1. The sanction is excessively severe.
2. New or newly discovered evidence is of a character which may substantially affect the outcome of the hearing.
3. There was a procedural error which substantially affected the outcome of the hearing.

Appeals should not be requested frivolously. An appeal hearing is not a re-hearing. It represents a procedural safeguard for the student. In an appeal process, the burden of proof is shifted from the university to the student charged with the offense. The student must show that it is more likely than not that one or more of the above grounds for appeal has merit. If there is adequate reason to believe that one or more of the grounds for appeal has merit, an appeal hearing will be scheduled. The appeal decision will be final.