Student Conduct Appeal
Student Conduct Appeal Processes
Depending on the sanction assigned to the student as a result of the student conduct process, the student may choose to appeal the decision of the Student Conduct Officer through the applicable appeal process.
For sanctions other than suspension or dismissal: Appeal to the Dean of Students
For sanctions of suspension or dismissal: Appeal to the Dean of Students or Formal Hearing before the Student Conduct Review Board
University of California, Irvine’s Office of Academic Integrity & Student Conduct reviews student conduct situations based upon the procedures noted in the University of California Policies Applying to Campus Activities, Organizations, and Students. Students are provided the right to appeal sanctions imposed by a Student Conduct Officer. A written request for appeals must be made to the Dean of Students within seven (7) business days of the issuance of the decision letter from the Student Conduct Officer. An appeal is not a review of a case, but instead is an independent review of the process utilized to reach the original finding or decision. Students may appeal the sanctions to the Dean of Students on one or more of the following grounds:
a) There is new evidence, which could not be adduced at the time of the administrative meeting which is likely to change the result;
b) There was a violation of due process or;
c) The sanction(s) imposed are too harsh given the finding of fact.
Additional information about the appeal processes is noted in the Code of Conduct Section 103.10.
If a student is sanctioned Suspension or Dismissal from the university, the student can request a hearing with the Student Conduct Review Board. Like the administrative meeting, the hearing with the Student Conduct Review Board is an educational proceeding, not a court trial. The Student Conduct Review Board is a board made up of three (3) students, and two (2) staff/faculty, who are selected from a large standing pool. Prior to participating in hearings, members are involved in comprehensive training regarding the University Code of Conduct. Upon completion of the necessary training, members sit on a panel and review the student’s account of the incident, read through police reports or other incident reports. In the hearing, information and witnesses on behalf of the complainant and respondent may be presented. Confidentiality is strictly enforced. The alleged student is afforded the opportunity to provide information, including witnesses and additional facts, in response to the charge(s) of the alleged policy violation. After reviewing the facts, the review board make recommendations to the Dean of Students with regard to the responsibility of the student in question and, if found responsible, what sanctions should be imposed. The Dean of Students makes the final decision of responsibility and sanctions for every case.
If sanction(s) are upheld or new sanctions imposed by the Dean of Students, a student may file a written appeal to the Vice Chancellor for Student Affairs within seven (7) days of issuance of the letter from the Dean of Students.
Appealing to the Vice Chancellor for Student Affairs
Students may appeal to the Vice Chancellor for Student Affairs after their case has been heard by the Student Conduct Review Board. This is an option ONLY for students who received a sanction of suspension or dismissal and whose cases were heard by the Student Conduct Review Board. After receiving written notice of the sanction(s) imposed, the student may appeal the decision to the Vice Chancellor on the following grounds:
a) The Board's findings of fact sufficiently (or insufficiently) support the finding of violation of University policies or campus regulations for which the discipline was imposed;
b) There is new evidence which could not be adduced at the time of the original hearing which is likely to change the result;
c) There was a violation of due process at the hearing or;
d) The sanction(s) imposed was /were too harsh given the finding of fact.
Upon completion of the review by the Vice Chancellor for Student Affairs (or designee), s/he may affirm, modify, or reverse the sanction(s). Sanction(s) may not become effective until completion of this appeal process unless otherwise indicated. The Vice Chancellor's decision is final and binding.
For more information about the formal hearing process, refer to the Code of Conduct Section 103.11.