Appeal of Student Disciplinary Action
Students who have been found responsible for a violation of the student code of conduct may appeal the findings and / or any disciplinary sanctions which have been issued as a result of the university’s disciplinary processes. There are three types of disciplinary appeals:
Academic Misconduct Cases
This includes cases adjudicated for violation of the academic rules listed in Student Code of Conduct as detailed in the TAMUK Student Handbook (refer to Section 100 Academic Misconduct for a listing of applicable rule infractions). For more specific information about the appeal process for this category, refer to Appeals Process for Academic Misconduct Cases, in the current Student Handbook.
Academic Misconduct Appeal Request Form
Nonacademic Misconduct Cases
This includes cases adjudicated for violation of the Student Code of Conduct as detailed in the TAMUK Student Handbook (refer to sections 200 – 305 Nonacademic Misconduct for a listing of prohibited rules). For more specific information about the appeal process for this category, refer to Appeals Process for Nonacademic Misconduct Cases, in the current Student Handbook.
Non-academic Misconduct Appeal Request Form
Non-Academic Misconduct for Sexual Misconduct / Sexual Harassment Cases
This includes cases involving allegations of non-consensual sexual contact, sexual assault, sexual exploitation, sexual harassment, domestic violence, dating violence, stalking and/or related retaliation. For more specific information about the appeal process for this category, refer to Appeals Process for Sexual Misconduct Cases, in the current Student Handbook.
Sexual Misconduct / Sexual Harassment Appeal Request Form
The following applies to student misconduct disciplinary appeals:
- Requests for appeals may not always be granted. The request will be reviewed for merit and if filed on a timely basis by the designated appeal officer or board.
- The reporting party (complainant) can also appeal the results in cases involving Sexual Misconduct / Sexual Harassment including non-consensual sexual contact, sexual assault, sexual exploitation, sexual harassment, domestic violence, dating violence, stalking and/or related retaliation.
- The appeal must be in writing to the appropriate person and submitted within the specified time period. The student must explain in writing the basis (grounds) for the appeal in accordance with the criteria stated for the particular circumstance.
- On appeal, the burden of proof rests with the student to demonstrate that an error has occurred. The student should include any relevant information with the appeal request to support the information presented.
- Appeals are not intended to be full re-hearings of a disciplinary case. The appeals officer or board may determine at their discretion whether to meet with the student(s) or other involved parties according to the particular fact pattern of the case. The student will be notified in writing of the results of their appeal request.
A student misconduct disciplinary appeal is different from a complaint or grievance. A student grievance is a complaint about a concern, problem or issue other than a disciplinary measure. Consult the Student Grievance (Formal Complaint) Procedures in the TAMUK Student Handbook for more information about the process for filing complaints or grievances.
Students may contact the Dean of Students office for assistance in answering questions about the disciplinary appeal process. The Student Handbook may be accessed online at the following link: http://www.tamuk.edu/dean/dean_files/studenthandbook.pdf