VI. Judicial Appeals Board

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: Composition

1. The Judicial Appeals Board shall consist of three members: the Vice President for Student Life as Chair and with the power to vote; a full time faculty member; and a University student. At the discretion of the Chair substitutes may be named when necessary.
   
2. The faculty member will be elected by the full-time teaching faculty who are eligible to vote, every two (2) years in accordance with the ballot procedures in the University Statutes. The student member will be chosen by the local Student Government President, in consultation with the Vice President for Student Life, at the commencement of the academic year.

Section B: General Provisions

1. Parties are responsible for strict adherence to all deadlines and procedures for the filing and processing of appeals.
   
2. No new evidence shall be considered on appeal.
   
3. Every document filed in an appeal shall constitute a part of the record. Minutes, recordings and/or transcripts of the University Judicial Board hearing will be available to the Judicial Appeals Board.
   
4. The burden of proof in an appeal rests on the appealing party to show why the previous decision and/or penalty should not be affirmed. It is not the responsibility of the Appeals Board to justify any decision and/or penalty imposed by the Judicial Officer or by the University Judicial Board.

Section C: Procedures

1. Within five (5) school days of receipt of the written appeal the Chair shall notify the appealing student of the date the Judicial Appeals Board will meet to review the appeal.
   
2. The Appeals Board shall conduct a review to:
   
   a. Affirm, reverse or modify the verdict, or remand the case to the Hearing Panel.
   
   b. Affirm or modify the penalty.
   
3. Appeals are considered based on the merits of the documentation submitted. The appealing student does not appear at the review; however the University reserves the right to have the student meet with the Appeals Board before the Appeals Board makes a decision.
   
4. If the appeal is denied, the appeals process is completed and any sanctions take effect immediately, except for cases of expulsion which are referred to the Executive Vice President.

Section D: Action of the Executive Vice President

If the Appeals Board approves the recommendation of expulsion, the written decision and all materials will be forwarded to the Executive Vice President for final decision.

The Executive Vice President may direct that the student be expelled, permit the student to remain enrolled at the University subject to certain conditions (and other sanctions) or reject the recommendation and remand the matter to the Appeals Board with instructions for further proceedings.