How to Appeal a Carolina Judicial Council Hearing

An appeal is not a rehearing, but a request for procedural review.  Please consult this page to see if your specific concerns are addressed by the appellate process as contesting the outcome is not a reason that you can appeal a Carolina Judicial Council Hearing. Appeals must be submitted within five business days of the hearing date.

Appeals must be based on one of the following reasons:

1. The original conduct administrator/council committed a procedural error in the case which significantly prejudiced the findings; and/or,

2. New evidence, which could not have been available at the time of the hearing, and which is material to the outcome of the case, is available.

Related to the first appellate reason above, a student who is alleged to have violated the Student Code of Conduct is entitled to the following procedural guarantees in a hearing based on due process (notice and an opportunity for a hearing):

1. The student or organization will be provided with a written statement of charges sufficiently in advance of the hearing and in reasonable detail to allow the student or organization to prepare for the hearing.

2. Although students or organizational representatives may choose to not participate during a hearing, they may also choose to refute or question any information or witnesses and will be given an opportunity to present a response to the charges and to produce witnesses or written statements on their own behalf.

Reasons that do not constitute an appeal:

An appeal cannot be filed because you disagree with the decision.

Who can appeal?

In cases involving allegations of sexual assault, both the alleged student and the alleged victim can appeal the outcome of a hearing. If one student appeals, the other student will be notified and have the opportunity to submit an appeal within five days so that both are considered in one appellate cycle. A panel of faculty and staff members will review both appeals and render a decision. The outcome of these appeals results in one of the following: either the case decision is upheld or the case is remanded for a new hearing.

Who reviews an appeal?

Appeals are reviewed by the Vice President of Student Affairs except in cases of sexual assault, dating violence, domestic violence and/or Title IX category allegations or Honor Code violations. A panel of faculty and staff members reviews Title IX cases using the same process.

Click here to complete the appeal form.