STUDENT ACADEMIC MISCONDUCT APPEAL PROCESS
Responsible Administrative Policy Contact:
Unit: Student Life
Dean of Students
dmorgan@mines.edu
1.0
Purpose
This appeal process governs all requests for appeal related to violations of Academic
Integrity/Misconduct Policy. However, grade appeals, residency appeals, student
conduct appeals, and appeals related to research misconduct are handled through
separate processes. (Please see the Mines Policy website for more information on
those processes.)
2.0
Grounds for an Appeal
An appeal request wil be considered only if it includes the specific grounds for an
appeal and the rationale that support the selected grounds. The three items listed
below are the only acceptable grounds for an appeal:
a. Due Process. The meeting with the faculty member was not in conformity
with the designated procedures and this prevented or otherwise hindered
the student from presenting relevant information. Minor deviations from
designated procedures are not a justification for an appeal unless significant
prejudice to the student results.
b. New Information. There is new information to consider that, if true, would be
sufficient to alter the faculty member’s decision. Such information and/or
facts must not have been known by the student appealing at the time of the
original hearing.
c. Unsupported Decision. The student can provide evidence that the faculty
member abused his/her authority and/or made an arbitrary decision without
ful y considering the information presented.
3.0
Submitting an Appeal Request
Decisions reached by a faculty member may be appealed by the accused student. A
student may file an appeal by completing a Student Academic Misconduct Appeal
Request Form and submit ing it to the Of ice of the Vice President of Student Life by
the date stated in the original decision letter (typically seven business days). This
form is available on-line at Student Life Judicial Information page and in person at the
Student Life Of ice. It is the student’s obligation to complete the form in its entirety
and provide any and all materials that she/he wishes to have considered at the time
of the appeal submission. Incomplete forms, subsequent information, and revised
requests wil not be accepted. If the student’s appeal request is not received within
this time frame, the decision of the faculty member is final and no further appeal is
permit ed.

Student Academic Misconduct Appeal Process
3.1
Whether the appeal wil be allowed. Once an appeal request is received, the
Office of the Vice President of Student Life wil forward it to the Dean of Students. Within
seven business days, the Dean of Students wil review the writ en request form to
determine if the acceptable grounds for an appeal have been met and if the appeal has
been timely filed. After review of the request, the Dean of Students wil take one of the
following actions and will notify the student:
a. Deny the appeal *
b. Al ow the appeal to proceed.
* If the appeal is denied, the decision is final and is considered binding upon all
involved; unless the student can provide evidence that the Dean of Students abused
his/her authority and/or made an arbitrary decision without ful y considering the
information presented. If this is the case, the student requesting the appeal must
notify the Vice President of Student Life in writing within two (2) business days and
request that the appeal request be reviewed again by the Vice President of Student
Life. . This option can only be used once. If the Vice President of Student Life denies
the appeal request, the decision is final and is considered binding upon all involved.
Within two (2) business days of the student receiving notification that the appeal wil
proceed, the accused student must provide the Dean of Students with a list of
potential witnesses (if any) that he/she would like to have interviewed.
3.2
While waiting on the appeal request. Throughout the entire appeal process,
and while the decision of the Dean of Students or the Student Conduct Appeals
Commit ee is pending, the student must continue to comply with all conditions of the
original decision made by the faculty member. Unless otherwise specified in the
original writ en notification of suspension, a student may continue to at end classes
while the appeal is pending.
4.0
Student Conduct Appeals Committee Review
A list of the pool of potential members of the Student Conduct Appeals Commit ee wil
be provided to the student making the appeal. The student making the appeal and the
faculty member may each make one request to the Dean of Students, or designee, for
the removal of a member of the pool within two business days of receiving the list of
potential members. Upon receipt of such request, the Dean of Students will remove
the potential member from the pool. Potential members of the committee have an
affirmative obligation to excuse themselves if they have a conflict of interest. Please
see the Student Code of Conduct for more information on the structure of the Student
Conduct Appeals Commit ee.
Al pertinent information regarding the incident and appeal including, but not limited to,
the student’s educational records, the appeal request, and other evidence submit ed
by the student or faculty member, wil be given to the members of the Student
Conduct Appeals Commit ee for review. Within fifteen (15) business days of receiving
the information, the Student Conduct Appeals Commit ee wil arrange for a conduct
appeal meeting which wil include a review the materials, interviewing witnesses (if
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Student Academic Misconduct Appeal Process
needed), and questioning the involved partied. If necessary, based on unusual
circumstances or scheduling conflicts, the Student Conduct Appeals Commit ee may
extend this timeline by notifying all parties involved and informing each of the new
timeline. This notification must take place prior to the original stated completion date.
After of the completion of the appeal meeting, the Student Conduct Appeals
Commit ee may make one of the decisions outlined below.
4.1
Outcome of Appeals At the conclusion of the appeal meeting, the Student
Conduct Appeals Commit ee may make one of the following decisions:
a. Reverse the decision of the faculty member: the Student Conduct
Appeals Commit ee does not agree with the faculty member’s evaluation of
evidence in support of the charges.
b. Affirm the decision of the faculty member: the Student Conduct Appeals
Commit ee agrees that the information supports the original decision
reached by the faculty member.
c. Forward the case on for further consideration: the Student Conduct
Appeals Commit ee believes that additional considerations should be made
which could include increasing or decreasing the sanctions imposed or
addressing additional issues that arose through the appeals process.
Recommendations for appropriate sanctions should be made by the Student
Conduct Appeals Commit ee.
The Student Conduct Appeals Commit ee wil communicate the decision in writing to
the student within three (3) business days of the conclusion of the review and/or
hearing.
4.2
Further Consideration. If the Student Conduct Appeals Commit ee believes
further consideration is necessary, the case wil be sent to the Of ice of Academic
Affairs for such consideration. The review wil be conducted by the Provost or Dean of
Graduate Studies, depending on the academic standing of the student requesting the
appeal. The reconsideration should be conducted in a timely fashion and the decision
communicated in writing to the student within ten (10) business days of the original
review or hearing.
4.3
Final Decision: The decision issued by the Student Conduct Appeals
Committee or the Office of Academic Affairs (in matters that are returned for
further consideration) is final and shal be considered binding upon al involved,
from which no additional appeals are permitted.
5.0
History
Adopted by Mines
Faculty Review 03022010
Update 02092017 (history, resources, keywords added; format, headings & title update)
Keywords:
academic appeal, misconduct, student appeal, process
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Document Outline