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Student Handbook

Code of Student Conduct

Appeals Board

Jurisdiction

The function of the Appeals Board is to ascertain that hearings conducted by the Honor Court and the Judicial Board have been conducted fairly, in accordance with the procedures outlined above, and without undue bias. The Appeals Board will not substitute its own judgment for that of the original hearing body, nor will it concern itself with the possibility that others might have arrived at a different judgment. Its terms of reference extend only to investigation of the procedures by which the original judgment was reached. Decisions of the Appeals Board are final.

Composition

The Appeals Board shall be composed of three faculty members, and two students. Faculty members shall be nominated by the Academic Council and elected by the faculty at large for a three-year term, one vacancy arising per year.  The student members will be selected during the spring semester of the preceding academic year by the outgoing Board. The Board will publish notice of the selection process to all students. The current Board will select, by a majority vote, the student members from among the names of interested and qualified persons responding to the notice. Once new members have been chosen, the Student Assembly shall offer the student body the opportunity to offer their input regarding the appointments, before holding a vote to confirm the new appointments.  The Board will not consider platforms from students on disciplinary probation or students who have been found responsible of violating the Honor Code. In case of a vacancy on the Board during the academic year, the Board will solicit nominations and select a student to serve as a replacement. A quorum shall consist of three members; two faculty and one student. The Dean of Students may attend meetings but shall not have a vote. The Chair shall be one of the faculty members, designated by the Dean of the Faculty.

Procedures

1. student subject to disciplinary action following a hearing by the Judicial Board, Honor Court or the Harassment and Sexual Misconduct Board (HSMB) may appeal a disciplinary decision within one week of being informed in writing of that decision. The appeal must be made in writing to the Chair of the Appeals Board, with a copy to the Associate Dean of Students for Health and Safety (Judicial Board), the Associate Dean of Students for  Academics (Honor Court), or the Dean of Students (HSMB) and must state in detail the reasons for the appeal. The Chair shall inform appropriate dean that an appeal has been made and shall invite that individual to make written statements to the Appeals Board. For HSMB cases, the respondent or the complainant will be invited to respond if he or she chooses. Within one week of receipt of the appeal, the Chair shall convene the Appeals Board to determine whether the appeal shall be considered.

2. In making that decision, the Appeals Board shall have access to the written records of the case. Acceptable grounds for an appeal are limited to:

  1. Harshness of sanction inconsistent with stated community standards and precedents
  2. Procedural irregularity that affected the outcome of the hearing
  3. Prejudicial bias on the part of the hearing body
  4. New evidence not available at the time of the original hearing must be brought to the attention of the original hearing body for consideration before the case can be presented on appeal.

3. If the Appeals Board decides to consider the appeal, the Chair shall schedule another meeting for consideration and disposition of the appeal. The Appeals Board shall have access to the records of the hearing. The appropriate dean will present information on similar cases to inform the Board’s deliberations. Normally, the appellant, respondent, and Dean shall not appear before the Appeals Board, though they may be summoned at the discretion of the Chair.

4. The Appeals Board may decide:

  1. To uphold the original decision.
  2. To remand the case to the appropriate body for rehearing. This shall normally be done when there is a procedural irregularity that could be corrected in a rehearing.
  3. To remand the case to the appropriate body or to the Dean of Students with a recommendation that the penalty be modified, together with an explanation of why the original penalty is deemed inappropriate.
  4. To remand the case to an ad hoc hearing board. This will be done only in extraordinary cases when, in the considered opinion of the Appeals Board, prejudicial bias or procedural problems would make it impossible for the appropriate body to reach a fair decision.


5. The appellant, respondent, and appropriate Dean shall be informed in writing of the decision and of the grounds for the decision.

Records

  1. The record of the appeal shall consist of the letter of appeal, the written statements from the respondent and the appropriate Dean; the written decision whether to hear the appeal and the outcome of the appeal. This record shall be appended to the written record of the original disciplinary action and shall be kept with it.
  2. The Appeals Board shall make a brief account of its decision public. Names shall not appear.

Cupola