V. Appeal Procedures

The Board of Trustees at the December 15, 2004 meeting has approved these policies. They are subject to future revisions and will be reviewed by the Board annually.

Section A: Right of Appeal

Once the hearing has been completed and a determination has been made, each party has an appeal as follows:

1. The student may appeal the finding of responsibility or the penalty determination.
   
2. The Judicial Officer may appeal the penalty determination.

Section B: Status Pending Appeal

If an appeal is pending, the sanction imposed will not go into effect. However, if a student has been suspended pending the hearing, the suspension continues until the appeal process is completed.

Section C: Timing on Appeal

1. A party wishing to appeal must contact the Senior Student Affairs Officer within five (5) school days of the receipt of the Judicial Board’s decision and notify the Officer of the intention to appeal and request any materials described in Paragraph 3 below.
   
2. A student preparing an appeal is entitled within five (5) days of serving notice of appeal to request a copy of all materials submitted to the Hearing Panel and to access the tape or transcript of the hearing provided the student agrees to keep the information confidential.
   
3. Within fifteen (15) days after providing the notice of appeal, a detailed written appeal must be submitted to the Chair of the University Judicial Appeals Board. The appeal shall specify the objections to the decision made by the Hearing Panel.
   
4. A student who fails to file a notice of appeal and a written submission within the times specified waives the right to appeal.

Section D: Standard on Appeal

1. A determination on appeal may be overturned only when it is demonstrated that:
   
   a. prejudicial error occurred which denied the appealing party a fair hearing, or
   
   b. there is no evidence in the record of the hearing, which if credited, would support the determination.
   
2. A penalty may be modified only when it is demonstrated that there is a substantial discrepancy between the infraction and the penalty imposed.
   
3. Where the Hearing Panel has recommended expulsion, the Appeals Board will review the record to determine that:
   
   a. The accused received a fair hearing;
   
   b. There was substantial evidence that the student committed the violation charged; and
   
   c. The Appeals Board approves the recommendation of the Hearing Panel to expel the student.