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Final Appeals Panel Hearings

(To be read into the record by the Chair of the FAP)

Each of us has a packet of documents related to the appeal of STUDENT. The packets contain the appeal, the Judicial Affairs Office response, STUDENT’s counter-response, the Student Judicial Charter of 1997, as amended, and the Guidelines for Final Appeals Panels. A copy of the Guidelines was previously provided to STUDENT.

STUDENT has claimed the following bases for appeal: (identify one or more of the following, as applicable).

    1. Demonstration of a significant procedural error (Section III.H.1.a)
    2. The availability of compelling new evidence (Section III.H.1.b)
    3. Demonstration of bias on the part of a member of the Judicial Panel (Section III.H.1.c)
    4. Misconduct on the part of the Judicial Officer or Judicial Advisor (Section III.H.1.d)
    5. Demonstration that any rights of the accused enumerated in the Charter have been violated (Section III.H.1.e).

It is our responsibility to follow the Guidelines for Final Appeals Panels in assessing the merits of each claimed basis for this appeal. If at least 4 panelists find STUDENT has demonstrated merit to one or more claims, the FAP will then consider which of four remedial options is most appropriate (b-e, below). Otherwise, the original Judicial Panel determinations will stand (that is, the appeal is denied (a, below)).

The options are:

  1. To deny the appeal
    NOTE: Sanctions are in abeyance while an appeal is pending. If a Final Appeals Panel denies the appeal, it also must determine the quarter in which the sanctions should go into effect. Except in extraordinary circumstances, this will be: (1) immediately; or (2) the next regular academic quarter.
  2. To return the case to the original Judicial Panel
  3. To convene a new Judicial Panel to hear the case
  4. To reduce the sanctions
  5. To dismiss the original charge(s)

If, during our deliberations, we have questions or need clarification on any relevant issue, we will notify the STUDENT and other appropriate individuals. At the conclusion of our deliberations, we will complete a hearing report and then reopen the hearing in order to read our decision(s) into the record.

At this time, we ask that everyone but members of this Panel and the Judicial Affairs Program Coordinator leave the hearing room. The Program Coordinator does not participate in the Panel’s deliberations but is present to facilitate the appeal and provide advice on procedural questions only.
Thank you.

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