Appeals to the Student Review Board and Hearing Procedures
Judicial Services | Current Students

A.  Appeal to the Student Review Board

1. If the student does not accept the resolution proposed by the Associate Vice President for Student Services or the college Dean, the student shall have the right of appeal to the Student Review Board. The appeal must be filed with the Associate Vice President or his/her designee within ten (10) business days of rejection of the Assistant Vice President/designee’s written administrative resolution or the college Dean’s written report. While an appeal is pending, the enforcement of the decision under appeal will be enforced until a decision on the appeal has been made.

2. Upon receipt of an appeal for a Code of Student Conduct Violation or an academic grievance, the Associate Vice President/designee shall notify the Moderator of the Student Review Board and provide the student with the Student Review Board procedures. The Moderator shall call a hearing panel on the campus where the incident being reviewed took place. The Hearing Panel will consist of two faculty members, two students and the moderator as chair. If deemed necessary by the Assistant Vice President, an alternate panel can be formed during break periods. This panel will consist of appropriate representatives from the University community. The Moderator shall call the panel, chair the hearing, and charge the panel with the review of the appeal.

3. The Student Review Board Hearing Panel will decide whether or not a case warrants a hearing and will either accept an appeal or dismiss it without a hearing. Appeals will be dismissed without a hearing if the panel finds them to be frivolous, inconsequential or otherwise without merit, or if complainants have not followed the proper preliminary steps.

4. In cases involving more than one student which arise out of the same occurrence, the Student Review Board may establish procedures to hear such cases together. However, the Student Review Board shall make separate findings and determinations for each student.

5. The procedures utilized shall provide for a prompt and fair consideration and resolution of the case. Proceedings are not judicial trials and formal rules of evidence shall not apply, but evidence submitted must be material and relevant to the issue under consideration.

B. Notice of a Hearing

If the Hearing Panel agrees to hear the incident, the Moderator of the Student Review Board will call a meeting of a Hearing Panel and shall give written notice of the meeting by certified mail and/or express overnight to all parties involved. This notice shall set forth the date, time and place of the alleged action, the incident to be inquired into, and the date, time and place of the hearing before a panel of the Student Review Board. Notice by mail will be addressed to the last address currently on record with the University. Failure by the student to have his or her current, local address on record with the Registrar shall not invalidate such notice. The notice shall be given at least ten (10) working days prior to the hearing, unless a shorter time is deemed necessary by the Moderator of the Student Review Board for a good cause. Any request from either party for continuance shall be made at least seventy-two hours prior to the hearing date, in writing to the Moderator, who shall have the authority to continue the hearing if the Moderator judges the request to be timely and for good cause. The Moderator shall notify the parties involved of the new date for the hearing. If the student fails to appear at the scheduled time, the Board may hear and determine the matter in his or her absence.

C. Student Rights in the Hearing

1. General Statement of Procedures - The student may have one adviser present at the hearing such as a parent, guardian, teacher, fellow student, or other adviser of his or her choice. The student shall notify the Moderator of the name of the adviser and the relationship to him or her at least seventy-two (72) hours before the hearing. The role of the advisor is to give any advice they believe pertinent to their advisee, and with approval of the chair of the hearing panel, may be permitted to make brief statements and to question witnesses on the student's behalf. The advisor may not represent the student in absentia.

2. Attorney at the Hearing - A student who designates an attorney as his or her adviser must notify the Moderator of the Board at least seventy-two (72) hours before the hearing so that the University may arrange to have legal counsel present. In addition, the attorney should keep the following in mind: The Board is not a court of law but an educational panel. It is not obligated to follow the formal rules of evidence and procedure. Academic decorum requires an attorney to play a different and more limited role than in the court. Technical objections without substance, or emotional or aggressive tactics will not be permitted.

D. Conduct of the Appeal Hearing

1. Conduct of the Hearing: The Moderator shall appoint a Hearing Panel as well as preside at the hearing, call the hearing to order, call the roll of the board in attendance, determine that a quorum is present, ascertain the presence or absence of the student charged with misconduct, read the notice of hearing and the charges and verify the receipt of notices of charges by the student. The Moderator shall verify that the student has been notified by certified mail as set forth in Section V of the procedure. If the student has not appeared, the Hearing Panel at its discretion may proceed despite the student's absence. The Chair of the Hearing Panel shall report any continuances requested or granted, establish the presence of any adviser or counselor of the student, and call to the attention of the student charged and his or her adviser any special or extraordinary procedures to be employed during the hearing and to permit the student to make suggestions regarding any procedures to be employed during the hearing or to make objections to them, for the Student Review Board to consider.

a. Opening Statements

1. The Associate Vice President/designee shall make opening remarks outlining the general nature of the case.

2. The member of the community bringing charges of the University policy violation/academic grievance may make a statement to the Hearing Panel.

3. The respondent may make a statement to the Hearing Panel about the allegations at this time.

2. Either the University community member or the respondent may produce any evidence which the submitting party believes to be material to the issues involved. Formal rules of evidence shall not apply and hearsay evidence will be admissible. Brief objections to evidence may be made by either party, but the evidence will be permitted to be introduced regardless of the objections. However, in arriving at its final decision the Board will weigh the evidence in light of the objections made and their reasonableness.

a. University Community Member Evidence

1. The University community member will proceed first. The University community member witnesses may be called and written reports may be introduced as evidence.

2. The respondent or the respondent's adviser or counselor may question witnesses and examine evidence at the conclusion of the University's presentations.

b. Respondent's Evidence

1. The respondent may present evidence through witnesses and in the form of written reports or other documents.

2. The University community member may question the respondent or witnesses and may examine evidence at the conclusion of the respondent's presentation.

c. Rebuttal Evidence

The University community member or the respondent may offer any matter in rebuttal of the other's presentation.

3. Actions Reserved to the Student Review Board

The Student Review Board Hearing Panel is authorized:

a. To question witnesses and examine evidence,

b. To request pertinent documents,

c. If necessary, to request waivers of confidentiality with respect to pertinent documents,

d. To dismiss any appeal at any time, and

e. To permit or require at any time amendment of the notice of hearing to include new or additional matters which may come to the attention of the Board before final determination of the case. In such an event the Board shall grant to the student or the community member such time as it may determine to be reasonable under the circumstances to answer or explain such additional matters.

4. General Rules of Decorum

The following rules of decorum shall be adhered to:

a. All requests to address the Hearing Panel shall be made to the Moderator.

b. The Moderator will rule on all requests and points of order and may consult with the Associate Vice President/designee prior to any ruling. The Moderator's ruling shall be final and all participants shall abide by it.

c. Rules of common courtesy and decency shall be observed at all times.

d. An adviser or counselor will be permitted to address the committee. An adviser may request clarification of a procedural matter or may object on the basis of procedure at any time by addressing the Moderator after recognition.

e. The Moderator has the ability to move agenda forward and limit discussion if necessary.

5. Decision of the Student Review Board

The Student Review Board Hearing Panel shall by majority vote, make its findings and determination in executive session. In the case of student conduct, separate findings are to be made (1) as to the conduct of the student and (2) on the discipline, if any, which has been imposed. In arriving at its decision, the Student Review Board should consider the severity of the sanction, the rights of the student and the adherence to due process during the Associate Vice President/designee’s facilitation of an administrative resolution. In the case of an academic grievance, the hearing panel may concur with the findings of the administrative resolution, change or alter the grade, or take other action necessary to adjudicate a resolution.

The Student Review Board sanctions will include actions that are commensurate with the violation or grievance under review. These sanctions may include expulsion, suspension, fine, restitution to the University, probation, warning, or any other sanction it deems necessary and/or appropriate.

6. Findings and Decision

After deliberation, the Student Review Board Hearing Panel will prepare a statement of its findings. This statement will be distributed by the Moderator to the student by certified mail and/or express mail. One copy shall become part of the case file. Case files will be maintained by the Associate Vice President.

7. Record of the Case

All records relating to the case will be kept confidential. The hearing record shall be maintained and kept at least three (3) years, including a taped record of the hearing, by the Associate Vice President. The student has the right to access and copy records presented at the hearings and a copy of the transcript of the hearings(s). The student must request the specific documents in writing to the Associate Vice President and the Associate Vice President shall provide such documents within ten (10) working days of the decision of the Student Review Board.

8. Procedural Questions Arising at the Hearing

Procedural questions which arise during the hearing and are not covered by these general rules shall be determined by the Moderator whose ruling shall be final. The Student Review Board Hearing Panel may at the request of the Moderator or majority of the members present go into closed executive session at any time.

9. Appeals of the Student Review Board’s findings

A student choosing to appeal the decision of the Student Review Board should follow the procedures for appeals beyond the Student Review Board.