20.2.5 Appeals
20.2.4.3 Basis of Appeal
20.2.4.4 Appeals of Sanctions Other than Separation from the University
20.2.4.5 Appeals of Separation from the University
20.2.4.6 Format
20.2.4.7 Evaluation
20.2.4.8 Disciplinary Action Pending Appeal
20.2.4.9 Limits per Case
20.2.4.10 Honor Council Assistance

20.2.5.1  BASIS OF APPEAL   

There are four bases of appeal for Honor Council proceedings: 

• Substantial new information not available at the time of the original hearing:  To consider new information, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original hearing.
• A violation of due process rights:  To determine whether the original hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the accused student a reasonable opportunity to prepare and present rebuttal of allegations.
• The sanction is not commensurate with the violation:  To determine whether the sanction(s) imposed were appropriate for the violation of the Aggie Honor System Rules which the student was found responsible.
• The finding of responsibility is inconsistent with the facts presented in the hearing:   To determine whether the decision reached regarding the accused student was based on a preponderance of the information, that is, whether the facts in the case were sufficient to establish that a violation of the Aggie Honor System Rules occurred.

There is one basis of appeal through the autonomous process:

• The sanction is not commensurate with the violation:  To determine whether the sanction(s) imposed were appropriate for the violation of the Aggie Honor System Rules which the student was found responsible.

 

20.2.5.2  APPEALS OF SANCTIONS OTHER THAN SEPARATION FROM THE UNIVERSITY

The following process shall apply to appeals for a sanction not involving separation from the university through the autonomous process or Honor Council proceedings. A student has five (5) university business days from the date of notification of the sanction to file an appeal with the Aggie Honor System Office. 

If the Director or designee finds that there is adequate basis for an appeal, the Director or designee will appoint a group of three Honor Council members to review the written appeal. Appeals not involving suspension or expulsion from the university will be a file review only. Appeal reviews for findings of responsibility and sanctions that do not include separation are scheduled by the director or their designee.

Decisions of the appeal reviewers, director, or designee are final.

A course grade assigned as the result of a sanction cannot be appealed through the grade dispute process described in Student Rules 48 or 59.

Additional information about appeals for students facing separation and the associated review processes may be found in the section below.

20.2.5.3  APPEALS OF SEPARATION FROM THE UNIVERSITY

The following process shall apply to an appeal of a decision of separation. A student who has been assessed a disciplinary sanction of expulsion or suspension from the university by the Honor Council has five (5) university business days from the date of notification of the sanction to file an appeal online to the director of the AHSO. The format for the appeal may be found at http://aggiehonor.tamu.edu. If the director or designee finds that there is adequate basis for an appeal, the appeal will be reviewed by members of the   Aggie Honor System Separation Appeals Panel. 

An evaluation of the written appeal by the Director or designee will determine whether a separation appeal hearing is warranted. The Director’s decision regarding the merit of an appeal is final. Students will be given the opportunity to submit one appeal and can get assistance from the Aggie Honor System Office when completing the appeal form. 

The Director has the option of extending any deadline for extenuating circumstances.

Upon receipt of the written request and approval from the Director or designee for a separation appeal hearing to proceed, the Academic Integrity Administrator shall set a time and date for the separation appeal hearing as soon as practicable. Appeal reviews for findings of responsibility and sanctions that do not include separation are scheduled by the director or their designee.

The chair shall sit as a hearing officer and shall not take part in the vote.  

The proceedings of the appeal process shall be informal in nature and need not comply with the formal processes associated with the criminal and civil courts.

The student shall have the right to have one person serve as a personal advisor/counselor to consult during the student proceedings. (Students who are charged in the same fact pattern, or who are not in good standing with the university are not eligible to serve as an advisor/counselor at proceedings).  A personal advisor may appear at the proceedings with the accused student to provide advice but may not represent the accused student or directly question or cross-examine witnesses, except in a case where the university is represented by an attorney.  There is no restriction on who a student may consult or seek advice from, this restriction only pertains to the Honor Council and appeal proceedings. 

An Aggie Honor System Office representative and the appealing student shall be afforded the opportunity for a reasonable oral presentation and shall be permitted to file typewritten or reproduced material. Original panel members and the reporting party may be invited to attend and/or provide a written statement with information about their decisions.

The chair shall cause all portions of the separation appeal hearing to be recorded, except for the panel’s deliberations.  

The separation appeal panel may take any of the following actions in response to an appeal:  it may review the case and uphold the findings and/or sanctions from the previous level; it may review the case and reduce the sanction(s); it may review the case and require that it be heard again by the original hearing body.

After hearing an appeal, the separation appeal panel will go into closed session to deliberate.  Upon conclusion of its deliberation, the panel shall inform the student of its decision.  A letter outlining the decision of the separation appeal panel shall be sent to the appealing student through email.

20.2.5.4  FORMAT 

Appeals should be submitted through the Aggie Honor System Office appeal form on the AHSO website. In the event that additional documentation needs to be submitted or if the appeal form is inaccessible for some reason, students must contact the AHSO for further guidance.
 

20.2.5.5  EVALUATION 

An evaluation of the written appeal by the Director of the AHSO or designee will determine whether a review of the appeal by the appropriate appellate body, is warranted.  For an appeal to be considered valid at least one basis of appeal must be cited and appropriately supported in the written appeal.  The Director’s decision is final.

20.2.5.6  DISCIPLINARY ACTION PENDING APPEAL

Following the notification of intent to appeal and/or pending the appeal hearing, any sanctions issued by the instructor or Honor Council shall be stayed until the appeal process is complete unless the university has determined, in a case involving suspension or expulsion, that the continued presence on-campus of the charged student poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process.

20.2.5.7  LIMITS PER CASE

Students are limited to one appeal per case filed against them.  

20.2.5.8  HONOR COUNCIL APPEAL ASSISTANCE

The AHSO will provide assistance to students who request it, when completing appeal documentation.