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Appeals Board

Jurisdiction

The written appeal must be filed with the Chief Conduct Officer within three working days from the date of the hearing follow-up letter. The accused student may appeal his or her Administrative or Student Conduct Board Hearing decision based on one of the following criteria:

• Procedural error which was significant.
• Newly discovered evidence which is sufficient to alter a decision and which by due diligence could not have been discovered in time to be presented at the hearing.
• The sanction is more severe than the established guidelines.
• The sanction results in either suspension or expulsion, in which case the Chief Conduct Officer will refer the appeal to the Standards Committee for review

Membership

The Appeal Board should be comprised of the following:

• Two (2) CLA student members. ASWU executive members and Senators may not serve on the Appeal Board. In cases involving alleged sexual misconduct (Administrative or Standards Committee hearings) these cases are not referred to student conduct boards.
• One (1) staff member (may include faculty, administrators, and other University representatives). The Director of Student Health Services, Director of Counseling, or any similar positions may not serve on the conduct board. Furthermore, the Director of Residence Life, Area Coordinators or University Deans may not serve on the Appeal Board.

Alternate Membership

In the event of absence, unavailability or disqualification of any member, members from a Student Conduct Board who did not hear the case will serve to assure full committee membership. Alternate members will be selected from the same group, i.e., students replace students, staff replace staff.

Temporary Disqualification

Any member of the Appeal Board who believes s/he may be unable to render an impartial decision in any case will excuse her/himself from the case. The Appeal Board may consider, upon request of an accused student or any committee member, the temporary disqualification of an Appeal Board member for a specific hearing.

Any concern a student may have about the ability of any member to render an impartial decision in his or her case must be submitted in writing to the Chief Conduct Officer at least two days (or 48 hours) prior to the hearing.

Quorum

Quorum is required for any Appeal Board hearing. All Appeal Board members must be present to hear and deliberate on a case. The accused student(s) may not waive the right to an Appeal Board quorum.

Appeals Board Members

AB members are bound to the responsibilities outlined in Section 3: Expectations. In particular, the following standards are important:

• Arrive 30 minutes before the start of the hearing to prepare for the case, be present during the full proceeding of the hearing, and be present during the entire deliberation process.  It is the duty of an Appeal Board member to inform the Director of Residence Life and arrange for a substitute (alternate Appeal Board member) in advance if s/he is unable to attend.
• Willingly excuse oneself from a hearing where s/he has prior knowledge of the case or knows the accused student(s) in a way that would bias her/his opinion.
• Exercising control of the hearing to avoid needless consumption of time, prevent harassment or intimidation of the accused student(s) or witness(es), and exclude irrelevant, immaterial and/or repetitive information.
• Consider each case according to the reason for appeal. In other words, if a student charges that there has been a significant procedural error, the AB may not necessarily consider the sanctions levied, but rather the actual structure and process of the given administrative or Board hearing.
• Assist in writing the follow-up letter.
• Maintaining open and honest communication with University staff, especially the Dean of Campus Life, the Director of Residence Life, and hearing officers.
• Adhere to all provisions of the Standards of Conduct. Board members who are charged with any violation of the Standards [or with a criminal offense] may be suspended from the board by the Chair of the board while charges are pending.

Selection

Student Appeal Board members will be selected by Areas/Commons Coordinators, and the Chief Conduct Officer. The Dean of Campus Life and Board members will nominate one (1) University staff member to serve on the AB. Selection will take place in the late spring so that appeals members may serve a fall-to-fall, two-semester term.

All AB members (both students and staff) will be confirmed by the ASWU Senate. Only members who have been approved by the selection panel and ASWU Senate will be appointed to AB.

Training material and activities are determined by AB members and the Director of Residence Life.

Removal

AB members are held to the ethical standards and responsibilities outlined in Section 3: Expectations. If an AB member violates confidentiality (especially if s/he reveals the identity or circumstances of a case), that member will be held in violation of the Standards of Conduct, sanctioned, and removed from the AB. In addition, if an AB member fails to fulfill the responsibilities of their position, that member may be removed by the AB or by the Director of Residence Life. Ethical standards will still apply after the active role of an AB member has been terminated.