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The Lowdown 23-24

University of South Alabama Student Handbook

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8 . APPEALS<br />

a. Filing an appeal - If the respondent, complainant, or victim is not satisfied with the<br />

disciplinary decision rendered in hearing option 1 or option 2, the decision may be ap<br />

pealed to the Dean of Students or his/her designee. A request for appeal must be<br />

based on at least one of the following:<br />

• Violation of procedural rights.<br />

• Severity of disciplinary action.<br />

• Evidence not available at the time of hearing. In order to request an appeal, the<br />

student must submit a written request of appeal to the Dean of Students within five<br />

(5) working days of the hearing decision. <strong>The</strong> appeal may either be submitted on<br />

an appeal request form, which is available from the Student Conduct Administrator,<br />

or in the form of a letter from the student to the Dean of Students. <strong>The</strong> desired<br />

outcome of the appeal should be included in the form or letter.<br />

b. Appeal Decision<br />

<strong>The</strong> person(s) considering the appeal (as designated by the Dean of Students) shall<br />

have the authority to:<br />

• Sustain the decision of the Student Conduct Administrator or UDC, including the<br />

penalty imposed.<br />

• Sustain the decision of the Student Conduct Administrator or UDC, but impose a<br />

different penalty.<br />

• Remand the case to a new Student Conduct Administrator for further consideration.<br />

• Reverse the decision.<br />

<strong>The</strong> decision shall be transmitted in writing to the appealing party and, if the Dean of Students<br />

was not the person who considered the appeal, to the Dean of Students within ten<br />

(10) days of the date of the appeal hearing. This decision is final.<br />

<strong>The</strong> rules and regulations contained in this section are subject to change. Between printings<br />

of <strong>The</strong> <strong>Lowdown</strong>, an updated version will be presented to any responding student or<br />

organization before any hearing.<br />

9. RECORD KEEPING<br />

All student disciplinary records are confidential and subject to the privacy protection<br />

granted by the Family Educational Rights and Privacy Act (FERPA). FERPA gives certain<br />

rights to parents regarding these records. <strong>The</strong>se rights are transferred to students who are<br />

enrolled in postsecondary education.<br />

Generally, USA must have written permission from the eligible student before releasing<br />

any information from their conduct records. However, FERPA allows schools to disclose<br />

records, without consent, to certain individuals or organizations, including but not limited<br />

to the following:<br />

- 53 -

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