上诉过程

5.1 The student who has a sustained charge (s) may 上诉 the Judicial Hearing Officer’s decision by filing a written Petition to Appeal with the Dean of 学生 within five (5) working days following the notification of the disciplinary sanction.  学生 who sustain a charge (s) of Sexual Misconduct may file their Petition to Appeal with 教务处. 未能及时提出上诉或 failure to appear at the 上诉 hearing without prior authorization or continuance 构成放弃上诉.   下列情形之一的，给予纪律处分 the student has waived the option to appear or when the 上诉 process has expired.   In the event the position of Dean of 学生 is vacant or a conflict arises, the 上诉 shall be forwarded to the Vice President of Academic Affairs who will exercise the responsibilities of the Dean of 学生 in the Appeals process (or appoint another 代替副总统行事).  学生事务主任应审查请愿书 并决定是否有正当理由提出上诉.  如果一个决定 is made that petition does not state the appropriate grounds, the Petition shall be 不予受理，司法听证主任的决定为最终决定. 所有命令的制裁 应实施.   如在呈请书中提出适当理由，则 Dean of 学生 shall convene an 上诉s committee of 3 to 7 persons to hear the 上诉.   All members of the 上诉s panel hearing 上诉s involving a violation of the University’s Sexual Misconduct Policy shall be trained annually on adjudicating 这样的事情.

5.2 The student shall submit the Petition for Appeal and an accompanying statement specifying the grounds for the 上诉 and setting forth in detail the facts upon which the 上诉 的基础是. Appeals are not meant to be a rehearing of the case but a review of the 纪律处分程序.     举证的责任转移到了被处罚的学生身上 在上诉过程中.  学生有责任在请愿书中陈述 any or all grounds for 上诉; for submitting with the application for 上诉 any and all applicable documents to support the validity of the merits for the 上诉. 举证责任是证据的优势.   需要审查的问题 上诉应限于:

A.  There was a procedural error which substantially affected the outcome of the hearing;

B.  There was no evidence in the record which supported the finding that the violation 学生行为准则的发生;

C.  There is new or newly discovered evidence which may substantially affect the outcome of the hearing which was not known at the time of the hearing; or

D.  The imposed sanction was excessively severe for the committed violation.

Petitions which do not constitute grounds for 上诉s are when a student:

1. Claims a Charge and/or Notification Letter was not received when sent to the last 大学记录上的已知地址和/或电子邮件;
2. Never received advanced notice of a Formal Judicial Hearing Letter sent to the last 大学记录上的已知地址和/或电子邮件;
3. Never received a Notice of Disciplinary Action Letter sent to the last known address  及/或电邮至大学档案;
4. Was not able to explain his/her position when the record reflects the student was disruptive in the Judicial Hearing and was requested to remain civil or to refrain 避免重复;
5. Failed to adhere to the University’s protocols during the judicial hearing;
6. 未在规定时间内提出申诉的;
7. Failed to submit a letter that justified the grounds for the 上诉 petition;
8. Failed to appear at a scheduled Appeal Session as notified and did not request a continuance;
9. The 上诉 was dismissed because the student failed to appear at the scheduled hearing;
10. Failed to present all evidence at the original hearing, failed to provide additional testimony of witnesses who were present when the alleged incident occurred at the original hearing (all witness providing testimony must have first-hand knowledge of 这一事件),
11. Failed to provide supporting documentation to substantiate the sanctioned student’s arguments either at the original hearing or at the Appeals Session before the Appeals 委员会;
12. Admitted responsibility for any/all violations assessed under the Student Conduct Cone, 住房 and Residence Hall Rules or any other applicable policy pertaining to 规管学生不当行为;
13. Claims of discrimination to dispute a hearing outcome when the record does not evidence 歧视发生;
14. Claims of violation of rights because the student’s advisor was asked to leave the 不守规矩或积极参加听证者.
15. Claims of double-jeopardy when the sanctioned student faced “criminal” charges within state, federal or municipal court systems concurrent with the University proceedings which is designed to ascertain whether the student’s conduct violated the University’s 行为准则及/或教育使命;
16. Deviated from designated University regulations during the Judicial proceedings, or failed to conduct oneself in a civil manner during either the original hearing or the 上诉; and
17. Disagree with the University’s judicial system, expectations of conduct, final disposition 或任何/所有施加的制裁条件.

5.3 The Appeals Committee shall consider the record of the hearing together with any 文件中的书面材料.  在上诉基于过度的情况下 severity of the sanction for the committed violation, the Appeals Committee may also consider any prior judicial contact that the sanctioned student has had.   决定 are rendered by majority vote of the Committee hearing the 上诉 and all evidence 应以证据优势标准判断.

5.4       上诉委员会可修改或维持纪律处分.

5.5       The Appeals Committee shall notify the involved parties in writing of the results of the 上诉 within ten working days of receipt of the 上诉 or as soon as is reasonable 可能的.

5.6       每一方均有权提出一(1)次上诉.

5.6       After the right to 上诉 is exhausted, the Appeals Committee’s decision shall 是最后一个.

注:所有制裁在上诉过程中仍然有效.