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17. Appeals

1.  A decision reached or a sanction imposed by a conduct body or official may be appealed by the respondent and/or complainant to the Executive Vice President for Student Affairs within five (5) working days of the transmittal of the decision.  Such appeals shall be in writing and shall cite the name of the case; the grounds for the appeal and the relief requested. 

2. The Executive Vice President can elect to call an advisory Appellate Board.  The Appellate Board will consist of three to five persons, none of whom participated in the original hearing in any capacity.  The Appellate Board serves in an advisory capacity to the Executive Vice President for Student Affairs and is not a decisional authority.  Its recommendations are non-binding. The Executive Vice President may use an Appellate Board in any capacity she/he deems necessary to best benefit the honor system and the parties involved.

3. Appeals shall be filed to, Executive Vice President for Student Affairs, 66 George Street, Stern Student Center, College of Charleston, Charleston, SC 29424 or sent electronically, with a copy to the, Dean of Students, 66 George Street, Stern Student Center, College of Charleston, Charleston, SC 29424 or his/her email address.  The Dean of Students will then notify and provide a copy of the appeal to the other party or parties to the proceeding. The non-appealing party or parties shall have three (3) days from receipt of the appeal to state his/her position on the appeal with the Executive Vice President for Student Affairs with a copy to the Dean of Students. 

Deviations from designated procedures will not be a basis for sustaining an appeal unless they affect the finding of a material fact or they could have otherwise affected the outcome. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents.  The only grounds that will justify changing or overruling a previous decision by the official, panel or Honor Board are the following:

3.1.  There was no reasonable basis in the record for the decision rendered or the sanction imposed;  

3.2.  There was a substantive mistake of procedure that likely influenced the outcome of the proceeding; or  

3.3.   New evidence, sufficient to alter a decision was not brought out in the original hearing, because such evidence was either unavailable or unknown at that time after diligent inquiry by the person appealing.

4. The Executive Vice President for Student Affairs will make every attempt to reach a determination within ten (10) working days from the date of the appeal.  The Executive Vice President for Student Affairs, as deemed necessary, may elect to interview the parties.  At this stage in the appeals process, the Executive Vice President for Student Affairs’ response time may be modified if circumstances dictate.  The decision of the Executive Vice President is final, and the Executive Vice President is not required to give any deference to previous determinations.

5. In cases involving appeals by student respondents of violating the Honor Code, Student Code of Conduct, and/or other policy, review of the sanction by the Executive Vice President for Student Affairs cannot result in more severe sanction(s) for the respondent student.

6. In cases involving appeals by persons other than student respondents of violating the Honor Code, Student Code of Conduct, and/or other policy the Executive Vice President for Student Affairs may, upon review of the case, reduce or increase the sanction(s) imposed by the Honor Board/panel/official. 

7. *For drug-related, marijuana and alcohol violations: If the student admits to the violation or is found in violation through a conduct process the minimum sanction is NOT subject to appeal on the grounds of the sanction being excessive or inappropriate. All sanctions above the minimum sanctions as proposed in the Student Handbook may be reviewed for their appropriateness.

8. The final authority over all decisions made under the Honor System rests with the Executive Vice President for Student Affairs.