Sep 18, 2020  
2018-2019 ULM Student Policy Manual 
    
2018-2019 ULM Student Policy Manual

Section Eight - Appeal Procedures


8.01 Grounds for Appeal

8.01:01 Students or student organizations availing themselves of the right of appeal are reminded of the nature and purpose of an appeal. The purpose of the appeal procedure is to provide the opportunity for questioning the appropriateness of actions or recommendations resulting from a ULM Code of Student Conduct hearing. The appeal procedure is not intended to grant a new hearing at a higher level. Furthermore, all student organizational cases are not eligible for an appeal. Individuals are also advised to refer to 7.03:06, of this Code.
8.01:02 An appeal hearing will be granted only if the student or student organization can show one of the following:
  1. A procedural error has occurred.
  2. New evidence has been secured. This evidence must be supported by documentation which will be reasonably reviewed by the appropriate University Administrator or University Unit.
  3. The sanction(s) is disproportionate to the violation. Clear and convincing reasons must be given to show that the sanction(s) does not meet the test of reasonableness and fairness.
  4. The hearing conclusion is unsupported.
  5. The appeal is granted following an administrative hearing.
8.01:03 The following guidelines for writing an appeal are established:
  1. The appeal must be a written letter or memorandum addressed to the appropriate University Administrator. This appeal must be signed and dated by the student or student organization representative making the appeal.
  2. This letter should clearly state the specific actions or recommendations that are being appealed, e.g., the findings of the University Administrator or hearing panel, the sanction(s) imposed or recommended by a University Administrator or hearing panel, or both the findings and the sanction(s) of a University Administrator or a hearing panel.
  3. This letter should clearly present specific reasons, grounds or justifications to support the appeal. (Refer to 8.0l:02, A, B or C of this Code.)

8.02 Appellate Process

8.02:01 The student or student organization wishing to file an appeal must submit the written appeal to the appropriate University Administrator or University Unit within three (3) class/business days of the initial hearing. The class/business day following the hearing shall count as Day One. Students who are censured in absentia must submit a written appeal within three (3) class/business days of the date the censure(s) is imposed. A student or student organization censured in absentia will receive prompt notification of the censure(s) imposed by the appropriate University Administrator or University Unit; however, failure to receive the notification within three (3) class/business days of the date the sanction(s) is imposed will not extend the deadline for submitting a written appeal, if the case meets the standards of appeal. Failure to submit a written appeal, under any circumstances, within the aforementioned time-period will result in the forfeiture of appeal privileges.
8.02:02 When the student or student organization desires to make appeals of subsequent decisions rendered following the initial appeal, the student then is given three (3) class/business days to submit a written appeal. The class/business day following the hearing shall count as Day One. Failure to present a written appeal within this time period will result in the forfeiture of appeal privileges.
8.02:03 The route of appeal given to students or student organizations is outlined in Section Ten of the ULM Code of Student Conduct.
8.02:04 In the majority of appeals, the final University voice is the Conduct Standards Committee who will subsequently send written notification of a decision to the student. A student who for any cause, fails to reasonably accept or receive the Conduct Standard Committee’s written notification within 48 hours of the official mailing date designated by the U. S. Post Office on the envelope is subject to the immediate imposition of the applicable University censure(s). In an appeal where the student has received a censure of Suspension from the University for at least one academic year or has received a censure of greater severity, the student may choose to make a procedural appeal, via the University President, to the University of Louisiana System Board of Supervisors. This procedural appeal to the Board of Supervisors must be made within thirty (30) calendar days of the President’s decision, and failure to submit a procedural appeal within that time period will result in forfeiture of appeal privileges to the Board of Supervisors. The Board of Supervisors review of an appeal is, however, limited to a determination of compliance with established and appropriate procedures at the University; following this review, the Board of Supervisors will notify the student or student organization of a decision.
8.02:05 When a student or student organization is not clear on the route or receiving office for an appeal, the student or student organization is advised to submit academic written appeals to the Vice President for Academic Affairs for delivery to the appropriate University Administrator or University Unit and non-academic written appeals to the Vice President for Student Affairs for delivery to the appropriate University Administrator or University Unit.
8.02:06 The appropriate University Administrator or University Unit has the right and the authority granted by this Code to take any one of the following actions in an appeal:
  1. Approve the sanction(s) of the preceding University Administrator or University Unit.
  2. Approve and amend by additional action the sanction(s) of the preceding University Administrator or University Unit.
  3. Completely or partially disallow the censure(s) of the preceding University Administrator or University Unit.

8.03 Academic Appeal Procedures

8.03:01 Refer to the “Procedure for Appealing a Grade” found in the Student Policy Manual under ACADEMICS AND PROCEDURES.
8.03:02 Refer to the “Appeal Procedures for Ruling on Cheating and Plagiarism” found in the front section of the Student Policy Manual under “Cheating and Plagiarism,” ACADEMICS AND PROCEDURES.

8.04 Residential Life Judicial Committee

8.04:01 The Residential Life Judicial Committee, composed of all resident student members, hears only appeals of resident hall violations imposed by the Resident Hall Judicial Officer. The Residential Life Judicial Committee will render the final decision in these cases.

8.05 Student Organization Judicial Committee

8.05:01 The Student Organization Judicial Committee, composed of faculty, staff and students hears only organizational appeals of imposed charges, sanctions or both, issued in an initial hearing, with the Dean of Students. The Conduct Standards Committee will render the final decision in these cases.
8.05:02 When in the sole discretion of the university, an allegation against a student organization gives reasonable cause to believe that the organization represents a threat to the safety, security, or welfare of the university community and/or an obstruction to accomplishing the university’s lawful mission, immediate action may be warranted. Under such circumstances, the Dean of Students and/or designee has the authority to temporarily suspend all or some activities of the accused organization until the appeal process has concluded.
8.05:03 The university’s established procedure for considering alleged violations of university regulations by individual students is outlined in the Student Code of Conduct. The fact that alleged individual student misconduct grows out of participation in an activity sponsored or engaged in by a registered student organization does not negate the individual student’s accountability under the provisions of the Student Code of Student Conduct. The fact that individual students are held accountable for actions taken while participating in an organization’s activity does not negate the accountability of the organization for its actions. The university does hold student organizations accountable for acts or omissions taken by the organization that violate the misconduct provisions of the code.