University-wide Disciplinary System Review Process

Standard of Review

The Review Board uses a preponderance of the evidence standard when deciding requests for review.  

ALLEGATION OF UNLAWFUL HARASSMENT OR SEXUAL MISCONDUCT BY AN INDIVIDUAL OR GROUP

In the event that the Faculty Chair of the University-wide Disciplinary Committee decides that an allegation of unlawful harassment or sexual misconduct will not be referred to a University-wide Disciplinary Committee for adjudication, the complainant may request a review of the Faculty Chair’s decision. The student must make that request in writing to the Dean of Students in the University (or his/her designee) no more than fifteen days following the date on which the Faculty Chair’s decision was transmitted to the complainant. The only legitimate grounds for review are: (1) that the preceding investigation of the alleged misconduct was incomplete; and/or (2) that new and material information unavailable to the Associate Dean of Students in the University for Disciplinary Affairs and the Faculty Chair of the University-wide Disciplinary Committee bears significantly in the complainant’s favor.

When a University-wide Disciplinary Committee has made a determination regarding allegations of unlawful harassment or sexual misconduct the respondent and the complainant each may request a review of the decision regarding those allegations. The only legitimate grounds for review are: (1) that prescribed procedures were not followed; (2) that new and material information unavailable to the University-wide Disciplinary Committee would substantially change the outcome of the proceeding; and (3) the sanction is disproportionate to the violation.

UNIVERSITY-WIDE DISCIPLINARY SYSTEM REVIEW BOARD

Where allegations of unlawful harassment or sexual misconduct have been investigated, either party may request a review of the decision regarding those allegations. The Dean of Students in the University (or his/her designee) will evaluate the request for review to determine whether one or more of the enumerated criteria are met. If one or more of the enumerated criteria are met, a Review Board will be promptly constituted.  

The Review Board consists of the Dean of Students in the University (or his/her designee); one faculty member of the University-wide Disciplinary Committee, who serves as chair; and one student member of the University-wide Disciplinary Committee. The faculty and student members are both appointed by the Dean of Students in the University (or his/her designee) and none shall be a member of any preceding Review Board that was involved in referring the case to a hearing or of the University-wide Disciplinary Committee that rendered the decision under review. All members of the Review Board must maintain independent judgment and an open mind about the decision under review, and none shall have a conflict of interest with either party. The Review Board’s decision is final and non-reviewable. In making a decision, the Review Board does not conduct a new disciplinary proceeding and normally does not interview witnesses or seek additional information from the student seeking review or witnesses, although the Review Board has the authority to do so and may seek additional information regarding the proceeding from the Associate Dean of Students in the University for Disciplinary Affairs. The Review Board, acting on the basis of the entire record, may sustain, reduce, modify or strike the sanctions imposed if it determines that prescribed procedures were not followed or that the sanction is disproportionate to the violation. Additionally, if the Board is satisfied in its reasoned judgment that the new and material information not available to the University-wide Disciplinary Committee more likely than not would have resulted in a different decision, it may require the University-wide Disciplinary Committee to reconvene and consider the new information in the proceedings.

The complainant and the respondent shall be notified in writing of the outcome of the request for review within 7 days after the conclusion of the review. The review constitutes the final process for disciplinary proceedings, and the outcome is final and not reviewable within the University.