Appendix B

Campus Review Board for Academic Misconduct Appeals

 

The Campus Review Board for Academic Misconduct Appeals considers three types of appeals.

  1. Student appeals of unit hearing board procedures
  2. Faculty appeals of unit hearing board procedures
  3. Student appeals of Dean of Students imposition of additional sanctions

Procedures for each type of appeal are included in this document, which is issued and maintained by the Offices of the Vice Provost for Faculty and Academic Affairs (graduate student cases) and the Vice Provost for Undergraduate Education (undergraduate student cases).

  • Student Appeals of Unit Hearing Board Procedures

    1. Within seven (7) days of receiving the appeal, the presiding officer will consult with the members of the review board and set a date to hear the appeal.
    2. The hearing will be closed unless the student requests an open hearing. If the student requests an open hearing, the presiding officer will conduct the hearing in a place that will accommodate a reasonable number of observers. The presiding officer will decide where the hearing will be held and how many observers will be accommodated.
    3. The presiding officer will notify the student of the following:

      1. The date, time, and place of the hearing, which shall not be earlier than seven (7) calendar days after the date of the notice;
      2. That the student bears the burden of demonstrating that a procedural error occurred at the unit hearing board that prevented the board from full and fair consideration of the faculty member's misconduct finding and/or whether the academic sanction imposed by the faculty member was appropriate;
      3. That if the Board finds that a procedural error occurred, it will send the matter back to the unit hearing board with instructions to conduct further proceedings to correct the error;
      4. That the student is required to be present at the Campus Review and a failure to appear, without good cause in the Board's view, will justify dismissal of the appeal;
      5. That the student may be represented at the hearing by an advisor of his or her choice, including an attorney, at his or her own expense. If the student chooses to be represented by an attorney this must be made known five days before the hearing, and the unit hearing board shall have the opportunity to be represented by the Office of University Counsel;
      6. That the unit hearing board presiding officer involved will be present, and the faculty member involved may be present at his/her discretion;
      7. That the student may testify at the hearing but is not required to do so, and any decision to not testify will not be held against the student in the Campus Review Board's deliberations;
      8. That the hearing will be closed to the public unless the student notifies the presiding officer in writing by no later than five calendar days before the hearing that s/he wants the hearing to be open to the public.
    4. When a hearing is to take place, the presiding officer will notify the faculty member and the unit hearing board presiding officer of the following:

      1. The date, time, and place of the hearing;
      2. That the student has alleged that a procedural error at the unit hearing board prevented the board's full and fair consideration of the student's objections to the misconduct finding and/or academic sanction;
      3. The procedural error alleged by the student;
      4. That the unit hearing board presiding officer must be present at the hearing and is entitled to an advisor or assistance from the Office of University Counsel, and that the faculty member may be present as well, at his/her discretion.
    5. When a hearing is to take place, the presiding officer will notify the Office of the Dean of Students concerning the date, time, and place of the hearing.
    6. The presiding officer, in consultation with the other members of the review board, is responsible for conducting the hearing, maintaining the necessary order, and making all rulings that are necessary for the fair, orderly, and expeditious consideration of the appeal.
    7. A majority of the Campus Review Board members must be present for a hearing to be held.
    8. The decision must be based solely upon the evidence and information presented at the hearing or contained in the record.

  • Faculty Appeals of Unit Hearing Board Procedures

    1. Within seven (7) days of receiving the appeal, the presiding officer will consult with the members of the review board and set a date to hear the appeal.
    2. The hearing will be closed unless the student requests an open hearing. If the student requests an open hearing, the presiding officer will conduct the hearing in a place that will accommodate a reasonable number of observers. The presiding officer will decide where the hearing will be held and how many observers will be accommodated.
    3. The presiding officer will notify the faculty member of the following:

      1. The date, time, and place of the hearing, which shall not be earlier than seven (7) calendar days after the date of the notice;
      2. That the faculty member bears the burden of demonstrating that a procedural error occurred at the unit hearing board that prevented the board from full and fair consideration of the faculty member's misconduct finding and/or whether the academic sanction imposed by the faculty member was appropriate;
      3. That if the Board finds that a procedural error occurred, it will send the matter back to the unit hearing board with instructions to conduct further proceedings to correct the error;
      4. That the faculty member is required to be present at the Campus Review and a failure to appear, without good cause in the Board's view, will justify dismissal of the appeal;
      5. That the unit hearing board presiding officer involved will be present, and the student involved may be present at his/her discretion;
      6. That the faculty member and student, if the student attends, may be represented at the hearing by an advisor of his or her choice, including an attorney at his or her own expense. If the faculty member chooses to be represented by an attorney this must be made known five days before the hearing, and the unit hearing board shall have the opportunity to be represented by the Office of University Counsel;
      7. That the student may testify at the hearing but is not required to do so, and any decision to not testify will not be held against the student in the Campus Review Board's deliberations;
      8. That the hearing will be closed to the public unless the student notifies the presiding officer in writing by no later than five calendar days before the hearing that s/he wants the hearing to be open to the public.
    4. When a hearing is to take place, the presiding officer will notify the student and presiding officer of the unit hearing board of the following:

      1. The date, time, and place of the hearing;
      2. That the faculty member has alleged that a procedural error at the unit hearing board prevented the board's full and fair consideration of the student's objections to the misconduct finding and/or academic sanction;
      3. The procedural error alleged by the faculty member;
      4. That the unit hearing board presiding officer must be present at the hearing and is entitled to an advisor or assistance from the Office of University Counsel, and that the student and his/her advisor may be present as well, at the student's discretion.
    5. When a hearing is to take place, the presiding officer will notify the Dean of Students concerning the date, time, and place of the hearing.
    6. The presiding officer, in consultation with the other members of the review board, is responsible for conducting the hearing, maintaining the necessary order, and making all rulings that are necessary for the fair, orderly, and expeditious consideration of the appeal.
    7. A majority of the Campus Review Board members must be present for a hearing to be held.
    8. The decision must be based solely upon the evidence and information presented at the hearing or contained in the record.

  • Student Appeals of Dean of Students Imposition of Additional Sanctions:

    1. When the Campus Review Board is reviewing a decision by the Dean of Students to impose an additional sanction, the Dean of Students shall be called as a witness to state the reasons or justification for the additional sanction imposed. If the additional sanction was imposed because of any prior act or acts of misconduct by the student, the Dean of Students should inform the Review Board concerning the misconduct.

    2. The student or his or her advisor shall be given the opportunity to question the Dean of Students concerning the reason or reasons for the additional sanction. The student or his or her advisor must be given the opportunity to present testimony, submit information, and make a statement or argument concerning the propriety of the additional sanction. If the additional sanction was imposed even in part because of any prior acts of misconduct by the student, the validity of the records maintained or relied upon by the Dean of Students may be questioned but the propriety of the decisions made by the university or university officials concerning any prior acts of misconduct may not be questioned as part of the appeal.

    3. The decision of the Dean of Students to impose additional sanctions must be sustained unless a majority of the review board finds that the decision is arbitrary or disproportionate to the current misconduct and any prior act(s) of misconduct. If a majority of the board concludes that the sanction was arbitrary or disproportionate, it will impose either no sanction or a lesser sanction. The Review Board's decision on sanctions must be based solely upon the evidence and information presented at the hearing, and is final.

    4. Within fourteen (14) calendar days after the hearing, the presiding officer of the Campus Review Board will prepare a written decision which includes a brief explanation of the Board's action and its reasoning. The presiding officer will submit the decision to the Office of the Dean of Faculties, who will forward copies to the Office of the Dean of Students and the student, and take the necessary steps to implement the Board's decision.