Consideration of Petition and Determination of Appeal

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  1. When the Chair of the appropriate Appellate Review Board (Academic or Co-Curricular) receives a petition, the Chair may instruct the original authority to notify all persons who were sent formal notification of the findings of the original authority that a petition for appeal has been filed and that penalties/sanctions of the original authority should not be implemented pending the result of the appeal, where applicable. A delay in implementation, however, does not preclude the University from taking interim actions to ensure the safety and security of the campus community.
  2. Upon receipt of the petition, the Chair will be provided with the entire record of the case, including, for example, test papers or other documentary information, summaries of witness testimony, and audio or video recordings of the proceedings. The Chair will then proceed to review the petition (including all supporting information provided by the petitioner), and the record, with all deliberate speed to determine whether the petition, when considered in the light most favorable to the petitioner, sets forth a basis sufficient to provide the relief sought by the petitioner based on the standards of review outlined below.
  3. If the Chair determines that the petition does not set forth a basis sufficient to provide the relief, the Chair dismisses the petition (or such parts of the petition that the Chair has determined do not set forth a basis sufficient to provide relief). The Chair’s decision is final.
  4. If the Chair determines that the petition (or parts of it) does set forth a basis sufficient to provide the relief, the Chair forwards a copy of the petition to the original authority with instructions to respond to it (or such parts of the petition that the Chair has determined set forth a basis sufficient to provide relief). The original authority provides its response to the Chair within ten (10) calendar days of receiving the Chair’s notification that the Board will hear the petition. Upon receiving the response from the original authority, the Chair sends the response to the petitioner offering the petitioner an opportunity to reply. Replies must be submitted within five (5) calendar days. The Chair forwards a copy of this response to the chair of the original authority for informational purposes.
  5. From among the membership of the Board, the Chair selects three (3) faculty members and three (3) student members to serve on a panel (the "appeals panel") to consider the petition. In the case of an appeal by an undergraduate student or undergraduate student organization, at least one student member of the panel will be an undergraduate student. In the case of an appeal by a graduate or professional student or a graduate or professional student organization, at least one student member of the panel will be a graduate or professional student.
  6. The Chair makes available to members of the appeals panel a copy of the petition and all supporting documents submitted by the petitioner. The panel's consideration of the appeal must be based only on the records created by or provided to the original authority, the petition, any new information the Board determines should be considered, and all responses to the petition, and will be conducted in accordance with the standards of review outlined below.
  7. After reviewing the record, the appeals panel votes whether to recommend affirming or reversing the finding of responsibility by the original authority, affirming or modifying the penalty/sanction imposed, or remanding the case to the original authority with instructions depending on the grounds for appeal under review. In cases where there has been a procedural error on the part of the original authority or the panel deems that new information should be considered, the panel may recommend remanding the case to the original authority with instructions. The recommendation must be by majority vote of the panel.
  8. The Chair will submit the panel’s recommendation, including the vote and rationale, to the Office of the Chancellor.  The Chancellor will review and notify the panel and all relevant parties of the final decision.
  9. While a case is pending, policy changes that might affect a case cannot be considered in the appeal.
  10. At no time may the Chair or the Board substitute its own opinions or values for University policy.
  11. No member of the Board may participate on an appeals panel if the member has a conflict of interest that might render the member’s objectivity questionable. Each member of the Board is responsible for determining whether a conflict of interest exists and may consult the Office of the General Counsel, if necessary. However, a member may be disqualified upon a motion by a member of the Board and by subsequent affirmative vote by a majority of the appeals panel. If a member of the appeals panel is disqualified, the Chair selects an alternate. If neither student from the petitioner’s school may serve on an appeals panel due to conflicts of interest, the Chair, of necessity, will appoint students from other schools.
  12. Once a final determination has been made, all records of the original authority are returned to that authority.