4. Appeal

The student may appeal the decision of the hearing commission to the review board based on the standard established by paragraph b.(6) below. The review board consists of a faculty member, an administrative officer, and a student, as defined in Appendix D. An appeal may be initiated by filing a notice of appeal with the Dean of Students, including a memorandum stating the reason(s) for believing the decision to be improper.

1. The review board shall be composed of three persons who are appointed as follows:
   
   
   1. A student appointed by the president of the student body upon recommendation of the student assembly or other appropriate representative body as determined by the student governing body;
   2. A faculty member appointed by the faculty council president upon recommendation of the faculty council or other appropriate representative body as determined by the faculty council; and
   3. An administrative officer appointed by the Chancellor. The administrative member shall serve as the presiding officer.
2. The members of the review board shall hold office from the first day of the fall semester for a term of one year, but they shall complete the review of any case which they have begun to consider.
   
   
   1. A member of the review board may be reappointed to the board, but no member may serve more than two consecutive terms.
   2. A member of the review board may be appointed at any time during the year to fill a vacancy on the board.
   3. If a vacancy on the review board occurs and there is a failure or refusal of the appropriate authority to make an appointment to fill the vacancy, the president may make an appointment to fill the vacancy or take such other action as may be necessary to constitute the review board.
3. No hearing shall be held unless all three of the members of the review board are present. If any member of the review board is unable to be present or should request to be excused from serving for any good cause, another review board member shall be appointed in accordance with the provisions of sections 1. and 2. above.
4. The presiding officer of the review board, in consultation with other members, shall maintain necessary order and shall make all rulings necessary for the fair, orderly, and expeditious conduct of the appeal hearing. Decisions by the review board shall be by majority vote only.
5. The review board is required to listen to the audio recording of the hearing commission, consider any written statements submitted by the student and the Dean of Students, and hear any oral arguments by the parties or their representatives. The student requesting the appeal shall have the burden of proving that the decision of the hearing commission was not based on a preponderance of evidence, or was substantially deficient in providing the student due process.
6. The review board must issue a recommendation to the Chancellor or Designee within seven (7) business days of the hearing and may recommend any of the following actions:
   1. Affirm the original decision that the student did commit the alleged act of misconduct.
   2. Affirm the original decision concerning the disciplinary sanction to be imposed.
   3. Reverse the original decision that the student did commit the alleged act of misconduct and direct that the complaint be dismissed.
   4. Set aside the original decision that the student did commit the alleged act of misconduct and order that a new hearing be held before a new hearing commission.
   5. Set aside the original decision concerning the disciplinary sanction to be imposed and impose a less severe sanction.
7. The Chancellor or Designee must render a decision within seven (7) business days of receipt of the review board’s recommendation.
8. The Chancellor or Designee is required to notify the Dean of Students concerning the decision.
9. The Dean of Students is required to notify the student and to initiate the necessary procedures to effectuate the decision.