How to file a judicial appeal

Bases for appeal

A student found responsible by a Judicial Panel for violating the Honor Code, Fundamental Standard, or other University policy may file an appeal under one or more of the following five limited bases of appeal:

1. Demonstration of a significant procedural error
2. The availability of compelling new evidence
3. Demonstration of bias on the part of a member of any Judicial Panel involved in the case
4. Misconduct on the part of the Judicial Officer or the Judicial Advisor, or
5. Demonstration that any right of the accused enumerated in the Judicial Charter have been violated

Appeal timeline

• The deadline to file an appeal is 30 days from the date of the original Judicial Panel hearing.
• All documentation in support of an appeal must be submitted with the appeal by the deadline.
• Once the appeal is submitted, the JAO will make every effort to respond officially within 20 days.
• If desired, a counter-response - addressing only points raised in the official JAO response - may be filed within 10 days of the official JAO response.
• A date/time for the appeal hearing will be set.
• A Final Appeals Panel will be convened.

Format for appeal

The appeal should follow the format contained in the following documents available for download as Form in Word or PDF to hand write:
Appeals Template
Appeals Template for Hand Written

What happens next?

Once the appeal has been submitted the Judicial Affairs Office will respond in writing. The appellant will receive a copy of the written response and have the opportunity to submit a written counter-response. The Judicial Advisor will appoint a Final Appeals Panel and schedule a hearing for the earliest convenient date. The same bias check practices and procedures as used in the original hearing will be followed to ensure that the Final Appeals Panel is not prejudiced.

The Judicial Advisor will submit to the Panel all documentation relevant to the claim, including the appeal and its evidence, the Judicial Affairs Office's response to the appeal, and the student’s counter-response. Documentation from the original hearing and other evidence as appropriate and relevant to the ground(s) for the appeal will also be available.

In its discretion, the Final Appeals Panel may choose to decide the matter on the submitted materials only or elect to include live testimony from the appellant and/or other witnesses. Deliberations of the Final Appeals Panel are confidential. The appellant will be notified of the Final Appeals Panel decision following the conclusion of deliberations.

The final appeal panel has the following options:

1. To deny the appeal.
2. To return the case to the original Judicial Panel.
3. To convene a new Judicial Panel to rehear the case.
4. To reduce the sanctions.
5. To dismiss the original charges.

In cases of recommended expulsion

If a Judicial Panel recommends expulsion from the University, the responding student has the right to file an appeal only within 30 days from the time the panel enters its recommendation. If the student voluntarily waives this right, if 30 days elapsed from the time the panel entered its recommendation, or if the Final Appeals Panel denies the appeal, then the recommendation of expulsion will be automatically forwarded to the Provost. The Provost has sole discretion to support the recommendation of expulsion or impose lesser sanctions.

Please call (650) 725-2485 with any questions or requests for additional information.

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