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XIII. Appeals Panel

The Appeals Panel shall consist of three faculty members appointed annually in accordance with the normal method of appointment to faculty standing committees.

XIV. Appeals

A.  The decision of the Committee on Student Conduct and Responsibility shall be final unless the accused student or prosecution serves a written appeal within 15 days from the date of service of the Committee’s judgment and opinion.  The appeal should state the grounds upon which it is claimed that the judgment or sentence below was improper.  The prosecution may appeal only where the charge against the student has been sustained by the Committee and the prosecution seeks review of the sanction imposed.  An appeal by the student shall be lodged with the Dean; an appeal by the prosecution shall be served in person or by registered mail upon the accused student. 

B.  The Appeals Panel shall determine the appeal on the basis of the record made at the Committee hearing.  It shall reverse the judgment of the Committee only if that judgment is clearly erroneous, and shall not disturb findings of fact based on credibility, demeanor of witnesses and other matters of which the fact‑finders have first hand exposure. 

For good cause shown, the Appeals Panel may reduce or increase the punishment imposed by the Committee on Student Conduct and Responsibility, subject to the provisions of Section XIV.A.  Either party may submit a brief and the Appeals Panel may, but need not, direct either the submission of written briefs or oral argument beyond the statement of appeal and oral argument before the Panel.  It shall not admit or hear evidence beyond that admitted by the Committee. 

C.  The Appeals Panel shall act by majority vote, and need not issue an opinion unless it reverses or modifies the determination of the Committee. 

D.  If the sanction approved by the Appeals Panel includes a suspension or expulsion, the student may appeal to the faculty.  An appeal to the faculty must be filed with the Dean within 15 days of the decision of the Appeals Panel.  The appeal shall state the reasons the student believes he/she has been aggrieved.

Upon the filing of the appeal, the Appeals Panel shall prepare an opinion in support of its judgment and shall submit said opinion to the student and the faculty within 20 days of the date the appeal is filed.  The student may present written argument in support of the appeal, but shall have no right to appear personally or by counsel before the faculty.  The faculty, in its discretion, may permit such appearance. 

The faculty shall decide the appeal on the basis of the record (including the opinion of the Appeals Panel) and shall have the power to affirm or reduce the sanction that was approved by the Appeals Panel.  The faculty shall give due deference to the fact‑findings of the Committee on Student Conduct and Responsibility.

 

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