Tuskegee University

Judicial Appeals Board and Process

Students can appeal the decision of any judicial hearing. An appeal may be filed if and only if a university policy or a university regulation has been violated, or if the student’s due process rights have been violated.

Section 1: Judicial Appeals Board Review and Membership

1. The vice president for student affairs and enrollment management appoints a Judicial Appeals Board to review the verbatim record and sanctions. The decision of the Judicial Appeals Board shall be final.
2. The Judicial Appeals Board shall be comprised of at least four (4) and not more than six (6) members. Membership shall include faculty, staff, and one (1) student representative selected by the judicial officer and approved by the vice president for student affairs and enrollment management.
3. The Judicial Appeals Board for cases involving allegations of sexual violence (Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq) shall be comprised of at least four (4) and not more than six (6) members. Membership shall include faculty and staff selected by the judicial officer and approved by the vice president for student affairs and enrollment management.

Section 2: Basis upon Which an Appeal May Be Considered

An appeal may be made for one or more of the following purposes:

1. To determine whether the original hearing was conducted in conformity with the prescribed procedures of the Student Code. Minor deviations from the designated procedures will not form the basis for sustaining an appeal unless it is determined that such deviation resulted in significant prejudice.
2. To present new evidence that could not reasonably be made available at the time of the original hearing. Such cases, at the discretion of the appeals officer, may be remanded back to the appropriate hearing format for reconsideration in light of new evidence.
3. To determine whether the sanction imposed was appropriate to the violation with which the respondent student or student organization was charged.

Section 3: Appeal Procedures

1. The respondent student or student organization, or the complainant, may appeal any decision reached as a result of a University Hearing Board, University Sexual Violence Hearing Board, or administrative hearing.
2. All appeals must be made in the form of filing a letter of appeal within seven (7) business days upon receipt of the decision letter. The letter of appeal must be personally signed by the student or student organization’s representative. Respondents should address the appeal letter to the Judicial Appeals Board, and submit the letter of appeal to the judicial officer. The judicial affairs officer will forward the appeal letter and supporting documentation, including the student’s file, to the Judicial Appeals Board. The judicial officer or the Judicial Appeals Board will be responsible for contacting the student(s)/organization(s) requesting an appeal. The complainant or respondent shall be contacted and invited to present his/her appeal in person to the Judicial Appeals Board, after submitting the written appeal. Such presentation shall be limited to no more than 45 minutes.
3. The chair of the Judicial Appeals Board will inform the student(s)/organization(s) of the board’s final decision. This information will also be copied to the vice president for student affairs and enrollment management, the dean of students, and the judicial officer. In instances of an appeal from the University Sexual Misconduct Board, the Title IX coordinator will also be copied.

Section 4: Sanction Reduction

1. In keeping with the education mission of Tuskegee University, the Office of the Vice President for Student Affairs and Enrollment Management will accept requests for sanction reductions. These requests are available to all students and student organizations after one calendar year of the date the sanction was assigned as a judicial sanction.
2. A three-person panel, consisting of the dean of students and two students from the Student Judicial Board, will hear all requests. Requests should be submitted in writing to the judicial affairs officer, along with one letter of recommendation from a member of the Tuskegee University community.
3. The student or student organization must prove to the panel’s satisfaction that he/she/it has developed increased self-discipline as a result of the sanction period and can contribute to the university community through increased involvement opportunities. The request should demonstrate significant contributions, both of an academic and co-curricular nature, to the panel.
4. The dean of students will inform the student or student organization of the panel’s decision. This information will also be copied to the vice president for student affairs and enrollment management and the judicial officer.

The Judicial System of Tuskegee University is regulated by confidentiality requirements of the Family Education Rights and Privacy Act of 1974 (FERPA) as amended. The unauthorized disclosure of the student’s confidential information is prohibited under this act.

Additional judicial affairs exhibits to assist students with processing code violations and appeals

• Student Right-to-Know and Campus Security Act
• Waiver of Hearing and Plea of Guilty
• Plea of In Violation or Not in Violation
• University Hearing Board Statement of Understanding Judicial Rights
• Supporting Statement of Accused

Students should contact the Office of Judicial Affairs by calling 334-727-8613 or 334.727-8026 for assistance and information regarding the University Judicial System and related procedures. The judicial affairs officer/counselor will explain the procedures to be followed for making a response to allegations of violation of the Codes of Conduct.