Page 18 - Flip Builder
P. 18
ix. The Secretary of the Review Board will inform the accused of its decision with the Notice of Action within two days. The Secretary will also inform the Chair of the Review Board, Defense Advisors, the Dean of Students, The Dean of Student’s Executive Assistant and the Secretary of the Honor Council of the decision of the Review Board.
8. Action available to Review Board
The Review Board may on the basis of its review of the record and its consideration of any briefs and statements received;
a) affirm both the finding of violation and the sanction imposed;
b) remand for re-hearing if it determines that substantial error prejudicial to the person charged on the question
of violation was committed at the hearing;
c) reverse and dismiss the charge if it determines that there is not substantial evidence on the record to support
a finding of violation;
d) affirm the finding of violation, but reduce the sanction to one deemed more appropriate than that imposed;
or
e) where violation was admitted, reduce the sanction to one deemed more appropriate.
9. Finality of action of Review Board
The action of the Review Board is finally dispositive of the disciplinary proceeding, except in cases of remand, and except for the right of the person charged to appeal to the President in the cases provided in subsection 10 following.
10. Appeal to the President
In cases where in the Review Board affirms the imposition of a sanction of indefinite or definite suspension, the appellant may appeal the imposition of a sanction to the President of the College. Notice of Appeal must be given in writing to the President and to the Secretary of the Review Board within five (5) days after receipt of the Review Board's Notice of Action. Review is solely on the record on appeal before the Review Board, plus any written brief filed with the Review Board by the appellant. The President may, in conference with the appellant, hear and consider oral argument. Review by the President is confined solely to the question of the appropriateness of the sanction in total context. The President shall ordinarily reach a decision and give formal written Notice of Action within ten (10) days after receiving the Notice of Appeal. The President may affirm the imposition of sanction by the Review Board or reduce it to one deemed more appropriate. The action of the President is finally dispositive of the disciplinary proceedings.
11. Stay of sanction pending appeals
The imposition of sanction is stayed following action by the Judicial Committee, Honor Council, and the Review Board for the periods during which Notice of Appeal may be given following their respective actions, and thereafter until the matter has been finally disposed of within these procedures. If upheld on appeal, a sanction of definite or indefinite suspension shall be effective as of the date imposed by the Honor Council or Judicial Committee. If the appellant appeals the sanction of probation, the term of the probationary period will begin after the appeal procedure has been completed if the sanction is upheld. Should the appellant be a senior and the length of the probationary period extend beyond the date of commencement, that student shall not be eligible for a degree until the end of the probationary period. (See Code of Disciplinary Procedures, Part II, Section A. Range of Permissible Sanctions, Item 13 regarding out of classroom restrictions on a student receiving a sanction of suspension.)
12. Petition for readmission
A student who has been suspended for an indefinite period may petition in writing for readmission to the Faculty Executive Committee. This petition will be submitted through the Dean of Students Office. The Faculty Executive Committee may, when possible, consult with members of the Honor Council and Judicial Committee who heard the student's case.
13. Suitability of student members
All student candidates for the Review Board, the Student Solicitors, and the Student Defense Advisors must be interviewed by a committee of the Student Conduct Council. This committee will be composed of the Dean of
17