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Appeal of Administrative/Campus Judicial Board Decision

In the event that a charged student disagrees with a finding of responsible or sanction of an administrative hearing officer or the CJB, the charged student may request an appeal to the Campus Appeal Board within forty-eight (48) hours after notification of the decision (see Section 4.1) by submitting a Request For Appellate Consideration Form to the Director of Student Conduct. She/he will submit the appeal to the Campus Appeal Board within forty-eight (48) hours for prompt consideration. Original sanctions (except summary suspension) are normally put into effect only after the Campus Appeal Board makes a decision. The Campus Appeal Board has the authority to approve, reject, or modify sanctions. It may impose less severe sanctions as well as more severe sanctions. The decision of the Campus Appeal Board may be appealed to the Chancellor or designee by completing the Request for Appellate Consideration Form. The appeal must be submitted to the Director of Student Conduct within forty-eight (48) hours, and she/he will submit the appeal to the Chancellor or designee for prompt consideration.

4.1 Campus Appeal Board
4.1.1 The Campus Appeal Board shall be composed of the Chairperson of the Faculty Senate who will serve as chairperson, the President of the Student Body or his/her designee, the Director of Housing and Residence Life, and the academic advisor of the accused student.
4.1.2 A quorum shall consist of any three (3) members, including the
Chairperson.
4.1.3 The function of the Campus Appeal Board is that of reviewing the action of the administrative hearing officer or the CJB to determine if: (1) an alleged violation of the rights guaranteed the accused has occurred, (2) the sanction is too severe for the violation; or (3) new evidence has developed which has bearing on the outcome.
4.1.4 The Campus Appeal Board shall receive the petition from a student
choosing to appeal the decision of an administrative hearing or a CJB hearing. Such petition shall be submitted to the Chair of the Campus Appeal Board through the Office of the Director of Student Conduct, explaining in detail the reasons for the student’s appeal and specifying the ways in which he/she believes the procedures or actions of the administrative hearing officer have violated his/her rights.
4.1.5 Upon receiving a petition, the Campus Appeal Board shall obtain the
record of the administrative hearing officer or the CJB. Such record shall include relevant documents and a written statement by the hearing officer. Such statement in the case of administrative action shall summarize the case and the reasons supporting the disciplinary action.
4.1.6 With this information, the Campus Appeal Board shall decide whether an appeal hearing is warranted. This decision is based upon the three options for an appeal outlined in (4.1.3) above. It shall notify the petitioner in writing of its decision within seven (7) class days after receiving the student’s petition.
4.1.7 If the Campus Appeal Board determines that a hearing should be granted, that hearing shall be held within seven (7) class days of such determination and notification shall be given in writing at least three (3) days prior to the date set for the hearing, specifying time and place of the hearing and informing the student of his/her rights. If a student chooses to waive the seven-day (7) notice and other requirements as stated in this section, an immediate appeal hearing may be scheduled.
4.1.8 The Campus Appeal Board shall invite the appellant, the respective administrative hearing officer, or the Chairperson of the CJB, and such other persons as it deems appropriate to appear before the Board to make statements and respond to questions. The student and administrative hearing officer may request the Board to invite persons to testify if and only if there is new evidence. The Campus Appeal Board follows regular hearing procedures in appeal cases, if it elects to hear new evidence.
4.1.9 No member of the Campus Appeal Board shall be a party to any prior
investigation or witness in the case nor should any member be placed in the position of developing or prosecuting the case.
4.1.10 After the hearing is concluded, the Campus Appeal Board shall go into executive session to reach a decision.
4.1.11 The Campus Appeal Board has the authority to approve, reject, or
modify the decision in question. It may impose less severe sanctions as
well as more severe sanctions. The Chairperson of the Campus Appeal
Board is a non-voting member, except when there is a tie vote. The
decision of the Campus Appeal Board will be submitted in writing to the
Director of Student Conduct. The decision of the Campus Appeal
Board may be appealed to the Chancellor or designee as outlined in
Volume III, Section 4.2. Prompt notice of the decision of the Campus
Appeal Board shall be given. Any appeal of this decision must be in
writing and presented within forty-eight (48) hours after notification
of the decision to the Director of Student Conduct who will submit the
appeal to the Chancellor or designee.

4.2 Appeal of a Campus Appeal Board Decision
In the event a charged student disagrees with a finding of responsible or sanction of the Campus Appeal Board, the charged student may request an appeal to the Chancellor or designee within forty-eight (48) hours after notification of the decision. Original sanctions (except summary suspension) are normally put into effect only after the Chancellor or designee makes a decision.
4.2.1 Procedure
4.2.1.1 The function of the Chancellor or designee in hearing
an appeal is that of reviewing the action of the Campus
Appeal Board to determine if: (a) an alleged violation of the
rights guaranteed the accused has occurred; (b) the sanction is
too severe for the violation; or (c) new evidence has developed
which has bearing on the verdict.
4.2.1.2 The Chancellor or designee shall receive the petition from a
student choosing to appeal the decision of the Campus
Appeal Board. Such petition shall be submitted in writing to
the Chancellor or designee through the Director of Student
Conduct explaining in detail the reasons for the student’s
appeal and specifying the ways in which he/she believes the
procedures or actions of the judicial process have violated his/
her rights.
4.2.1.3 Upon receiving a petition, the Chancellor or designee
shall obtain the record of the Campus Appeal Board. Such
record shall include relevant documents and a written statement
by the Campus Appeal Board. Such statement shall summarize
the case and the reasons supporting the Campus Appeal
Board’s decision.
4.2.1.4 With this information, the Chancellor or designee, or in his/her absence, the Vice Chancellor for Student Affairs or designee shall decide whether an appeal hearing is warranted. This decision is based upon the three (3) options for an appeal in (4.2.1.1) above. He/she shall notify the petitioner in writing of his/her decision within seven (7) class days after receiving the student’s petition.
4.2.1.5 If the Chancellor or designee, or in his absence the
Vice Chancellor for Student Affairs or designee, determines that
a hearing shall be granted, that hearing shall be held within seven
(7) class days of such determination and notification shall be
given in writing at least three (3) class days prior to the date set
for the hearing, specifying time, date, and place of the hearing
and informing the student of his/her rights.
4.2.1.6 The Chancellor or designee may invite the appellant, and
ther persons as he/she deems appropriate to appear before
him/her to make statements and respond to questions. The
student may request the Chancellor or designee to invite
persons to testify if there is new evidence.
4.2.1.7 The Chancellor or designee has the authority to approve, reject,
or modify the decision in question. The Chancellor or designee
may impose less severe sanctions as well as more severe
sanctions.