- Within ten business days after receiving the final report, the respondent or Associate Dean for Educational Programs may submit a written appeal to the Executive Committee. The following are the only grounds for an appeal:
a. There were violations of established policies and procedures resulting in an inappropriate determination.
b. The sanctions are disproportionate in relation to the violation.
c. There is new evidence that was not reasonably available at the time of the hearing and should be considered.
Note: The Executive Committee may decline to consider any appeal that does not fall within one of these categories of error.
When an appeal is filed, the Dean will determine if the sanctions imposed by the Committee will stay in effect during the appeal process. The decision of the Dean is final.
The Respondent may ask to appear before the Executive Committee regarding the appeal. It is at the discretion of the Executive Committee as to whether they will hear from the Respondent. The Executive Committee will convene as soon as it is practical to review the merits of the appeal and will promptly notify the Respondent, Chair of the Committee and Associate Dean for Educational Programs regarding the date they have scheduled to consider the appeal.
a. In reviewing the appeal, the Executive Committee may request that individuals be present to present information relevant to the appeal.
b. If the Respondent is asked to appear, the Respondent may be accompanied by an advisor, who may be an attorney. The advisor may not participate directly in the proceeding but may only advise the Respondent.
c. The appeal will be closed to the public and will be recorded. The Executive Committee will deliberate in private and such deliberations will not be recorded.
d. The Executive Committee will issue its determination in writing to the Respondent, the Chair of the Committee and the Associate Dean for Educational Programs within 10 business days of the meeting to review the appeal. The decision of the Executive Committee is final.
- The appeals process is not designed to provide for another hearing. The appeals process is designed to provide for a review of possible errors as stated in point 1, above. If the appeal does not fall within one of the categories of error, the Executive Committee may decline to review the appeal and the Determination of the Academic Concerns Committee will be final. Possible outcomes of a successful appeal include a) altering the sanctions / interventions, b) striking the initial findings of responsibility and/or sanctions / interventions, or c) ordering a new hearing before a new ACC. If the appeal is unsuccessful, the Executive Committee confirms the decision made by the initial ACC.
All deadlines related to review and appeal process may be waived, at the discretion of the Associate Dean, the Chair of the Committee or the Executive Committee, as provided in this Policy. Requests for extensions or waiver of deadlines will be submitted to the appropriate person, depending on the stage of the process. In addition, the Associate Dean, the Chair of the Committee or the Executive Committee may, on their own initiative, alter deadlines when it is in the best interest of all parties to do so within their discretion. For example, deadlines may be adjusted during the summer in order to adjust for various scheduling changes.