Academic Catalog

Faculty and Professional Staff Appeals Policy and Procedures

Policy

1. Appeals

If the Grievant or Respondent believes that the process outlined in FP5.9 Disciplinary Policy was not followed correctly, an appeal may be submitted by the Grievant or Respondent in writing to the VPAA (for faculty members), DOA (for staff members) or the President within 10 working days of receipt of the decision.


Additional grounds for appeal include:

  1. Discovery of substantial new facts which were not available at the time of the hearing.

  2. Disciplinary sanction imposed is felt to be grossly disproportionate to the violation committed; this is applicable only when there is no current policy for the violation. 

  3. Procedural errors which are prejudicial and which were committed during the disciplinary meeting or hearing.


If the grounds for appeal are deemed valid, the President shall appoint an Appeal Committee consisting of three independent members (including a Chair) and assigns them to get more information on the subject matter. Independent means that no member of the Appeal Committee may be personally or professionally associated with the Grievant’ s or Respondents allegation. All material reviewed shall be considered confidential and shared only with those on a  need to know basis.


Within 30 working days of being appointed, the Appeal Committee shall communicate with the relevant stakeholders and check related documents/evidence. Within 5 working days of completing its investigation, the Appeal Committee shall deliberate and issue a brief written opinion containing its findings and any recommendations to the President. The opinion and recommendations must be supported by a majority vote of the Appeal Committee members.

Within 10 working days of receiving the Appeal Committee’s opinion, the President shall review the opinion and render one of the following decisions: 

  1. A ruling in favor of the Grievant or Respondent that grants the Grievant’s or Respondent’s proposed resolution; 

  2. A ruling in favor of the Grievant or Respondent that provides a different resolution; 

  3. A new review by the VPAA or DOA that may result in the issue of a new decision and/or resolution, if appropriate; or 

  4. A ruling that upholds the previous ruling and/or disciplinary decision 


The President shall notify the Grievant, the Respondent, the Appeal Committee, the appropriate Dean/Department Head, and the VPAA/DOA of the decision in writing, within 20 working days. 


The decision of the President is final and not appealable. Therefore, contacting any external party is not a part of the appeal process. It should be noted that the implementation of such policies is an internal matter and falls within the purview of the President of UD.