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Loyola University Chicago Student Rights, Responsibilities & Conflict Resolution
Office of the Dean of Students | Division of Student Development
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Appealing a Hearing Decision

Appealing a Hearing Decision

Respondents who are found responsible for a violation may appeal all or part of the decision according to the following guidelines. The Dean of Students and/or appropriate designee(s) will review all appeal requests to determine if there are sufficient grounds for the appeal. At the JFRC, appeals are reviewed by the JRFC Associate Dean of Students or may be assigned to the Dean of Students in Chicago. Please note that an appeal is not a re-hearing of the case.

Drafting an Appeal Statement

Requests for appeal must state the grounds for appeal and include a personal statement explaining, in detail, why the student is contesting the results of the hearing. If multiple grounds for appeal are listed, the student must provide rationale for each one in their statement. Any relevant documentation available that substantiates or clarifies the request for appeal. Such additional documentation may be uploaded electronically via the online appeal request form.

Grounds for Appeal

Any request for appeal must be based on one or more of the following grounds:

a. New substantial information is available that could not have been discovered by a diligent respondent at the time of the hearing and that would have likely changed the original findings or outcomes of the case.
b. A procedural irregularity that significantly impacted the findings or outcomes of the case.
c. The findings or outcomes were disproportionate based on the information presented at the hearing or to the established Community Standards.

Review and Final Decision

All properly completed requests for appeal will be considered by the Dean of Students and/or designee(s) (“appeal officer(s)”), who will determine whether there is sufficient basis for modifying the original decision. The appeal officer may or may not request to meet with the respondent, complainant, or other relevant individuals before making a final decision.

The degree and nature of the appealing student’s engagement and participation in the conduct process may also be strongly considered in making an appellate determination. Respondents participating in an agreed resolution process and who approve the terms of the agreement waive their right to an appeal (see §402 Consideration and Resolution Options).

The responsibility lies with the appealing student to provide clear and convincing information demonstrating that the original process or decision was substantively flawed.

The appeal officer will choose one of four possible outcomes for all appeals:
a. Affirm the original decision and uphold the original outcome(s).
b. Affirm the original decision but modify the original outcome(s).
c. Overturn all or part of the original decision and uphold, assign, modify, or remove outcome(s) appropriately.
d. Remand for further investigation and/or a new hearing. The outcome of a remanded case may be appealed again (as if the case were being decided for the first time).

The disposition of a case by the appeal officer following an appellate review is final within the University and is not subject to further review.

Timeline and Format

A student has five business days from the time the decision letter is sent to request an appeal (or one business day at the JFRC). Appeals must be requested online via a hyperlink at the bottom of the decision letter. Electronic submission via the Maxient™ form is the only accepted method to request an appeal. Failure to submit a request within this period waives the right to appeal and renders the decision final.

While a request for appeal is under review (final decision is pending), assigned outcomes and other disciplinary actions may be enforced on an interim basis at the discretion of the OSCCR or University administration.

Appellate review of a case may take two weeks or longer to complete. Once the appellate review has been completed, students will be notified in writing of the final decision within five business days (two business days at the JFRC). The appellate decision letter will be sent to the respondent via the Maxient™ database (a notification email will be sent to the student’s LUC Outlook account).

Respondents who are found responsible for a violation may appeal all or part of the decision according to the following guidelines. The Dean of Students and/or appropriate designee(s) will review all appeal requests to determine if there are sufficient grounds for the appeal. At the JFRC, appeals are reviewed by the JRFC Associate Dean of Students or may be assigned to the Dean of Students in Chicago. Please note that an appeal is not a re-hearing of the case.

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Loyola University Chicago logo in footer of site

© Copyright & Disclaimer 2024 · Privacy Policy