Ohio Administrative Code|Rule 3344-83-10 | Appeal process.

                                                
(A) Rights of appeal are available to the
		  charged party.
(B) Grounds for appeal
A party's appeal is limited to the following
		  considerations:
(1) Procedural error that
			 resulted in material harm or prejudice to the student (i.e., by preventing a
			 fair, impartial, or proper hearing). Deviatons from the designated procedures
			 will not be a basis for sustaining an appeal unless material harm or prejudice
			 results;
(2) Discovery of
			 substantial new evidence that was unavailable at the time of the hearing, and
			 which reasonably could have affected the decision of the hearing body;
			 or
(3) Disciplinary sanction
			 imposed is grossly disproportionate to the violation(s) committed, considering
			 the relevant aggravating and/or mitigating factors.
(4) Non-attendance by the
			 charged student may not be the sole grounds for an appeal.
(C) Procedures - If a decision of any
		  university hearing body specified in this Code is appealed by one of the
		  eligible parties, notice of such appeal shall be given within five working days
		  of the receipt of the decision. Notice of appeal shall be submitted in writing
		  to the JAO by the appealing party. The written request for appeal shall state
		  the grounds on which the appeal is being made.
(D) The university appeal board
		  (UAB).
(1) The membership of the
			 university appeal board shall consist of the chairperson of the student life
			 committee of faculty senate, the editor-in-chief of the "law review"
			 and the vice provost for student affairs who shall convene the board, and two
			 student representatives to the board of trustees. If any member of the
			 university appeal board is not available to hear an appeal, the provost shall
			 appoint a replacement for that appeal; a minimum of three board members are
			 needed to hear an appeal.
(2) The university appeal
			 board shall hear appeals of:
(a) Decisions of the student conduct officer;
(b) Decisions of the judicial board;
(c) Decisions of the judicial affairs officer,
				or
(d) Any grievance or complaint regarding questions of
				jurisdiction of the judicial board.
(3) The decision of the
			 university appeal board may be appealed by one of the parties to the university
			 president.
(E) Review procedures.
The UAB shall:
(1) Consider the grounds
			 for appeal as stated in the written request for appeal; and
(2) Review all materials
			 of the hearing, including the recording of the hearing. This review can include
			 a review of the process and procedures of the hearing.
(3) The recording of the
			 hearing shall be released only to the university appeal board. The tape may be
			 reviewed by an involved party for the purposes of preparing an appeal only
			 under the supervision of the JAO or the JAO's designee.
(4) The UAB may hold an
			 appeal hearing to review a case on appeal at its discretion. Both the carged
			 party and the charging party can be present during this hearing with the
			 respective community support persons.
(F) Decisions.
The UAB may:
(1) Dismiss the
			 appeal;
(2) Affirm the decision
			 on which the appeal is based; or
(3) Alter the sanction
			 imposed by the original hearing body:
(a) For appeals made by the party against whom the charges
				were filed, the sanction may be reduced; or
(b) If the appeal board finds a party in violation who was
				previously found not in violation, the appeal board may impose appropriate
				sanctions.
(4) Decisions of the
			 appeal body shall be presented in writing to the parties involved within
			 fifteen working days of the receipt the notice of appeal from the
			 JAO.
(5) The decision of the
			 UAB may be appealed to the provost or the provost's designee by any of the
			 parties involved. This appeal must be in writing and received by the provost or
			 the provost's designee within five working days of the presentation of the
			 UAB's written decision. Failure to deliver timely the appeal may result in
			 the provost or the provost's designee dismissing the appeal. This appeal
			 is limited to those grounds found in paragraph (B) of rule 3344-83-10 of the
			 Administrative Code. The provost or the provost's designee can affirm the
			 UAB decision, reverse it, or return the appeal to the UAB for further
			 consideration. The provost's or the provost's designee's
			 decision is final.
(G) Training and orientation sessions.
		  The provost or the provost's designee and members of the UAB are required
		  to attend the training and orientation program prior to hearing any
		  appeals.