Appeals and Contests

Students and Student Organizations who resolve an incident through the UC San Diego Student Conduct Procedures may submit an Appeal.

Students who resolve an incident through the UC SVSH Student Investigation and Adjudication Framework have the right to contest the investigator's preliminary determination as to findings if a hearing occurred, and to appeal the proportionality of any sanction(s) imposed.

Non- Academic Misconduct Appeal Request:

Students or Student Organizations found responsible at a Student Conduct Review and assigned sanctions, may Appeal the Finding(s) of responsibility within ten business days of the date of their resolution letter. Please note that our business hours are 8:00 a.m. – 4:30 p.m. Appeals must be received by 4:30 p.m. on the tenth business day following the date of the resolution letter. 

Appeal will be reviewed and decided upon by:

• The Council of Provosts for undergraduate students.
• The Dean of the Graduate Division for graduate students.
• The AVC-Campus Life for student organizations.
• The respective Dean for medical, pharmacy and Extension (for non-concurrently enrolled) students.

The appeal should identify the reason(s) why the student is challenging the Administrative Resolution or Student Conduct Review under one or more of the following:

1.  new information not available at the time of the investigation, the absence of which can be shown to   have materially affected the outcome;
2.  there was procedural error in the process that materially affected the outcome;
3.  the proposed sanction is disproportionate given the findings of fact

Respondents will generally be notified in writing of the result of their request by the Center for Student Accountability, Growth, and Education within 20 Business Days of the appropriate appeal body receiving it. Their decision is considered final, and possible outcomes include:

1. The findings and/or assigned sanction(s) is affirmed, modified (increased or decreased), or dismissed, in whole or in part.
2. The case is referred back to an Administrative Resolution or Student Conduct Review with a new Student Conduct Officer, Community Standards Board, or Review Officer for re-review to ensure proper handling.

For more information, please review PACAOS-Appendix-H: Student Conduct Investigation and Resolution Framework and the Student Conduct Procedures.

Submit an Appeal Request

UC SVSH Student Investigation and Adjudication Framework

Contest

Either party may contest the investigator's preliminary determination as to policy violation(s) within 20 business days of the date of the Notice of Findings and Preliminary Determination. If either party contests, a live fault-finding Hearing with a Hearing Officer will be scheduled to determine whether Respondent violated University policy by a preponderance of evidence, even if the preliminary determination was that no University Policy was violated. Concerns as to the proportionality of sanction(s) may be addressed through the appeals process. If either party wishes to contest the investigator’s preliminary determination, they must notify the Hearing Coordinator, regardless of whether the other party has contested.

If the Director, Student Affairs Policy, Standards, and Conduct proposes a sanction of Suspension or Dismissal, then the Respondent is presumed to contest the investigator’s preliminary determination unless they notify the Hearing Coordinator in writing that they do not contest and waive their right to a Hearing. If no such notification is received within the 20 business days, then the matter will proceed to a Hearing.

Submit an SVSH Contest / No Contest

Appeal

Regardless of whether a Hearing occurred, either party may appeal the proportionality of sanction(s) imposed within 10 business days of being notified of their imposition. If an appeal on the proportionality of sanctions is submitted, each party is entitled to meet separately with the Appeal Officer for the limited purpose of discussing the proportionality of sanctions assigned, and their desired outcome with regard to sanctions. Following a Hearing, either party may appeal the Hearing Officer's decision as to policy violation(s), in addition to any appeal on the proportionality of sanction(s).

Appeals will be reviewed and decided upon by the Chancellor's designee, or the Vice Chancellor - Student Affairs. The Appeal Officer will make a decision on any appeal(s) normally within 10 business days of its receipt. Their decision is considered final, and possible outcomes include:

1. Uphold, overturn, or modify the findings and/or sanctions;
2. For appeals alleging material procedural error, remand the case back to the Hearing Officer for further fault-finding as needed.

Submit an SVSH Appeal