Students involved in violations of the Student Code of Conduct have the option to request a review of the decision. In addition to the accused student, the complainant in cases involving sexual misconduct, domestic and/or dating violence, and/or stalking may also request a review of the decision. Decisions made by the Student Conduct Officer, an Administrative Council or the University Justice Council will be reviewed by the Dean of Students. In the event of an appeal, the sanctions originating from the initial hearing/meeting decision shall be delayed until the appeal is decided except when such a delay may pose a health and safety risk to other members of the University community.
All appeal requests to the VPESA/Dean of Students must be in writing and submitted within three business days of the date of the sanction letter. Requests for an appellate meeting with the VPESA/Dean of Students must be included in the written appeal request and are granted at the discretion of the VPESA/Dean of Students. If an appellate meeting is granted, the student is allowed one representative who may attend and advise the student but not present the student’s appeal. The representative has no standing in the proceedings but may provide advice to the respective student in a quiet manner that is not disruptive to the meeting. The student must give the VPESA/Dean of Students notice in writing of his or her plans to bring a representative at least 24 hours before the start time of the hearing.
Decisions made by the Assistant Director of Housing and Residence Life for minor violations as stated above in the “Hearings” section can be appealed to the Director of Housing and Residence Life per the University of Montevallo Residence Hall Handbook guidelines at Housing and Residence Life
Rationale for Appeals
An appeal request must include grounds upon which the appeal is based. Allowable bases for submitting an appeal include 1) a procedural error that significantly impacted the outcome of the hearing; or 2) new evidence, unavailable during the original hearing or investigation, which could substantially impact the original finding or sanction. A summary of any new evidence and its potential impact must be included in the initial letter of appeal.
A third ground for appeal, disproportionate sanctions, may be submitted only in situations involving sexual misconduct, domestic and/or dating violence, and/or stalking.
Decisions on Appeals
At the conclusion of the appeal, the student will be notified of the outcome within five business days. As a result of the appeal, one of the following actions may occur:
- The original decision and disciplinary sanction will be upheld
- The original decision will be upheld with a modified disciplinary sanction
- A new hearing with different Council members will be ordered
- The student will be found not in violation and the original decision and sanctions will be reversed.
All decisions of the designated appeals officers are final.