- A decision reached by the judicial body or a sanction imposed by the Judicial Advisor may be appealed by accused students or complainants to the CSU Judicial Appeals Board within five (5) school days of the decision. Such appeals shall be in writing and shall be delivered to the Office of University Compliance and Judicial Affairs.
- Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:
- To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present evidence that a Student Code was violated, and giving the accused student a reasonable opportunity to prepare and to present a rebuttal of those allegations.
- To determine whether the decision reached regarding the accused student was based on substantial evidence; that is, whether the facts in the case were sufficient to establish that a violation of the Student Code occurred.
- To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed.
- To consider new evidence, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.
- If an appeal is upheld by the Judicial Appeals Board, the matter shall be remanded to the original judicial body and Judicial Advisor for re-opening of the hearing to allow reconsideration of the original determination and/or sanction(s).
- In cases involving appeals by students accused of violating the Student Code, review of the sanction by the Judicial Appeals Board may not result in more severe sanction(s) for the accused student. Instead, following an appeal, the Judicial Appeals Board may, upon review of the case, reduce, but not increase, the sanctions imposed by the Judicial Advisor.
- In cases involving appeals by persons other than students accused of violating the Student Code, the Judicial Appeals Board may, upon review of the case, reduce or increase the sanctions imposed by the Judicial Advisor or remand the case to the original judicial body and Judicial Advisor.