58. University Disciplinary Appeals Panel
The decision as to which procedure to utilize for a grievance filed by a student shall be made solely by the University and shall be based on the fact pattern of each particular case. Each grievance shall be directed to a specific procedure and shall be accorded only one opportunity to be adjudicated unless the appeal body remands for further review.
58.1.1. Student Conduct Code Appeals. The University Disciplinary Appeals Panel (UDAP) will review and decide all appeals where a student is found responsible for a violation of the Student Conduct Code and a sanction of suspension and expulsion is imposed. For all other sanctions imposed for a violation of the Student Conduct Code, an administrative officer, appointed by the Vice President for Student Affairs or designee responsible for oversight of the student conduct processes shall decide submitted appeals.
- For purposes of this grievance procedure, (students enrolled in a college/school on campuses outside of Brazos County are directed to the University Disciplinary Appeals Panel for that college/school (see URL for a list of designees for each college/school).
58.1.2. Civil Rights and Equity Investigation (CREI) Appeals. UDAP may hear appeals of cases decided by Civil Rights and Equity Investigations (CREI). These cases may be deferred to the Vice President for Student Affairs or designee responsible for oversight of the student conduct processes or alternative appeal administrator/body, as referenced above, at the discretion of the chairperson if there are no sanctions of suspension or expulsion, and no appeals seeking an increase in sanctions. (See University Rule 08.01.01.M1 and related Standard Administrative Procedure 08.01.01.M1.01 for applicable procedures for sex discrimination).
58.1.3. Status of Original Outcomes. Decisions made by a lower level hearing body shall not be final until an appeal deadline is passed, when the appeal is exhausted, or when a student chooses not to appeal.
UDAP members are appointed by the University President, and a panel assembled to decide an appeal typically will consist of a chairperson, three (3) faculty/staff representatives, and two (2) student representatives. The chairperson is a non-voting member of UDAP and only participates in the deliberations of the panel to consult panelists regarding University Rules and Procedures. For a college/school on other campuses outside of Brazos County, with the exception of Texas A&M University at Galveston and Texas A&M University at Qatar, a panel will be composed of at least three members.
In cases decided by CREI, a panel assembled to hear an appeal typically will consist of the chairperson and three (3) faculty/staff representatives.
If a case involves alleged violations of The Standard or Residence Life Handbook, a panel may also include a representative from the Office of the Commandant or Residence Life to review the appeal of decisions for their respective areas.
58.3.1. Appeals of decisions by CREI regarding sex discrimination. For cases decided by CREI regarding sex discrimination, see University Rule 08.01.01.M1 and related Standard Administrative Procedure 08.01.01.M1.01 for applicable procedures.
58.3.2. Right to an appeal. A student who has been found responsible for violating the Student Conduct Code or discrimination not based on sex as outlined in Texas A&M University system regulation 08.01.01. has the right to appeal the original decision. The appealing student must complete an online appeal request form, or other stated method for submitting an appeal, within five (5) University business days of the delivery of the decision. The appeal does not create an entitlement to a new investigation or a full re-hearing of the case. The review is limited to the specific grounds outlined in this grievance procedure. The appeal request must state the specific grounds for the appeal and include all supporting documentation. Supporting documentation may be typed, reproduced material, or other material directly related to the basis for appeal.
58.3.3. Bases for an appeal. An appeal may be based only upon one or more of the following grounds.
220.127.116.11. Procedural error: A procedural error or omission that significantly impacted the outcome;
18.104.22.168. New information: New information, unknown or unavailable during the original student conduct conference or at the time of the original decision that could have significantly impacted the outcome;
22.214.171.124. Severity of the sanctions: The appropriateness or severity of the sanctions.
58.3.4. Appeal response. In cases where an accused student appeals a decision, an appeal notice will be sent to the original University representative(s) who issued the decision. The appropriate University representative will be provided an opportunity to submit a written response within three (3) University business days of receiving the appeal notice. The appealing party will be notified of any submitted response and will be given an opportunity to review it. The appealing party will be provided an opportunity to submit a written reply to address any response from the University representative. Any written reply by the appealing party must be submitted within three (3) University business days of receiving notice from the chairperson. The chairperson has the discretion to limit new substantive information submitted in the written reply and/or allow for a response to the written reply that includes such new substantive information. All parties shall have the opportunity to review any materials submitted to UDAP.
58.3.5. Appeal request review. The chairperson will review appeal requests to determine whether one or more bases for appeal are supported by the appeal documents. If sufficient grounds have not been demonstrated, the chairperson may deny the appeal request or a portion of it. If the chairperson determines that there is a clear procedural error, the chairperson may refer the case back to the office with case jurisdiction to correct the error.
58.3.6. UDAP appeal decisions. UDAP will review the record for the case, the appeal request, and any submitted responses and replies outlined in section 58.3. In cases where the appeal is based on new information, UDAP will also review the relevant new information.
126.96.36.199. UDAP may take any of the following actions after reviewing the appeal:
- Uphold the outcome/sanction(s) imposed by the original Student Conduct Panel or Student Conduct Administrator;
- Modify the sanction(s) imposed by original Student Conduct Panel or Student Conduct Administrator;
- Remand the case in whole or in part if sufficient new information is presented that may have materially altered the decision of the original Student Conduct Panel or Student Conduct Administrator, and was not or could not have been known at the time of the original student conduct conference; or
- Remand the case in whole or in part, if UDAP determines that a procedural error occurred, with an instruction to correct the procedural error or omission. Upon correction of the error or omission, a Student Conduct Panel or Student Conduct Administrator will issue a new decision on the remanded issue(s). The new decision may be appealed.
188.8.131.52. After UDAP makes its decision, it will inform the appealing party of its decision in writing. UDAP will also provide notice of the outcome to anyone who is required to be notified pursuant to federal, state, or local laws or Texas A&M University Rules. All UDAP decisions are considered final and binding on all involved parties.