An appeal may be requested on any first-level decision, provided that one or more of the reasons for appeal listed in (3)(c) is relevant to the case. On appeal, the burden of proof rests with the student organization to show clearly that a fundamental due process error has occurred during the first level hearing process that would substantially impact the outcome of the hearing. The appellate body varies depending on the initial hearing body and is outlined below.

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Appellate Officers:​

• Recommended decisions of the Student Conduct Board may be appealed to the Dean of Students (or designee)​

• Recommended decisions of Greek Student Conduct Boards may be appealed to the Dean of Students (or designee).​

• Recommended decisions of Administrative Hearing Panels may be appealed to the Dean of Students (or designee).​

• Recommended decisions of the Director of the Office of Student Rights and Responsibilities (and designees) may be appealed to the Dean of Students (or designee).​

• Recommended decisions of other hearing officers appointed by the Dean of Students may be appealed to the Dean of Students (or designee, including a panel).​

• Recommended decisions of the Dean of Students may be appealed to the Vice President (or designee).

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Appeal Requests:​

• A written request shall be submitted to the Office of Student Rights and Responsibilities within five (5) class days after the student organization is notified of the initial hearing decision.​

• The request shall state the reason(s) for appeal, the supporting facts, and the recommended way to correct the error.​

• Appeals are not opportunities for full re-hearings of cases already decided. Appeal considerations are limited to:

  • Due process errors involving violations of a charged student’s organization’s fundamental due process rights that substantially affected the outcome of the initial hearing.

  • Demonstrated prejudice against any party by the person presiding over the hearing. Such prejudice must be evidenced by a conflict of interest, bias, pressure, or influence that precluded a fair and impartial hearing.

  • Newly discovered, relevant information that was not reasonably available at the time of the original hearing and that would have substantially affected the outcome of the original hearing.

  • A sanction that is extraordinarily disproportionate to the violation committed.

  • The preponderance of the evidence presented at the hearing does not support the finding with regard to responsibility. Appeals based on this consideration will be limited solely to a review of the record of the first-level hearing, except newly discovered evidence under Section (c)3. above may also be considered.

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Appellate Review:​

• Will involve an initial file review by the appellate officer. The appellate officer may make a determination based solely on this review. The outcome of the file review may become the official decision.​

• If the appellate officer determines a need for additional information, that officer may request written materials and/or an appeal hearing with the charged student organization.​

• If deemed necessary, an appeal hearing will be scheduled within ten (10) class days of receiving the written request for appeal.​

• If deemed necessary, an appeal hearing will involve hearing the charged student organization and any witnesses called by the student organization; the appellate officer may determine whether there is a need to call any further witnesses or gather additional information.​

• An appeal hearing will be audio recorded; this recording will serve as the official record of the hearing.​

• The charged student organization will be afforded the opportunity to bring an advisor to the appellate hearing.​

• All hearings will be fair and impartial. The charged student organization may submit a written challenge to the impartiality of any appellate officer to the Office of Student Rights and Responsibilities. Decisions on challenges shall be final and not subject to appeal.​

• If the charged student organization fails to appear at the scheduled appeal hearing (after proper notice) or otherwise fails to cooperate with the Student Organization Conduct Code process, the hearing may still be held in its absence.

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Appellate Recommendations and Decisions:​

• The appellate officer may recommend to affirm, modify, or reverse the first-level decision; or order that a new hearing be held.​

• All appellate recommendations are transmitted to the Vice President. The Vice President (or designee) has the right to affirm, modify, or reverse the recommended decision and enter a final decision, or to order a new hearing.​

• All final decisions are communicated in writing within fifteen (15) class days of an appellate hearing. This time period may be extended if necessary for consideration of the record on appeal.​

• Once approved by the Vice President (or designee), appellate decisions become final agency action. Final agency action decisions may be appealed by writ of certiorari to the Second Judicial Circuit in and for Leon County, Florida.​

• Except in the case of an interim disciplinary action, the charged student organization’s status will remain unchanged until the appellate process is final.