If a student found responsible for violating one or more University policies wishes to request a review of the decision, the student must make a request in writing to the Dean of Students in the University (or designee) not more than fifteen days following the date on which the Area Disciplinary Committee’s decision is formally communicated to the student in writing. The student must submit the request for review and any supporting material in writing; the Review Board will consider only a request for review and/or supporting materials prepared and/or submitted by the disciplined student, i.e., the Review Board will not consider materials prepared or arguments advanced by other parties (e.g., an attorney). At the written request of the disciplined student, the student may be granted an additional fifteen days to submit those materials. Extension requests must be submitted to the Dean of Students in the University (or designee) not more than fifteen days following the date on which the Area Disciplinary Committee’s decision is formally communicated in writing. Further extensions of time will not be considered (nor will “supplemental” submissions of supporting materials). The only legitimate grounds for review of a decision made by an Area Disciplinary Committee are: (1) that prescribed procedures were not followed, and (2) that new and material information unavailable to the Area Disciplinary Committee bears significantly in the student’s favor.
Requests for review should clearly state the basis for the request (i.e., that prescribed procedures were not followed and/or that new and material information is newly available) and include in the submission materials that directly support the respondent’s claim(s). Character references should not be submitted and will not be considered by a Review Board.
The Dean of Students in the University (or designee) will evaluate the request for review to determine whether it meets the above-stated criteria for convening a Review Board. Key to this evaluation is whether the claims presented in the request for review individually or collectively were more likely than not to have had a bearing on the Area Disciplinary Committee’s findings on whether the respondent violated one or more University policies.
Area Disciplinary System Review Board
If a request for review meets one or more of the permitted grounds for review (i.e., prescribed procedures were not followed and/or new and material information is submitted that was unavailable to the Area Disciplinary Committee and bears significantly in the student’s favor), a Review Board will be promptly constituted by the Dean of Students in the University (or designee). The three-person Review Board ordinarily consists of the Dean of Students in the University (or designee), one member of the faculty of the student's academic area who serves as chair, and one student member of the student's academic area. The faculty and student members are both appointed by the Dean of Students in the University (or designee) and neither shall be a member of the Area Disciplinary Committee that rendered the decision under review. All members of the Review Board must be able to maintain independent judgment and discharge their obligations in a fair-minded fashion, free from material bias and conflicts of interest, or they should recuse themselves. As soon as practicable before the hearing, the Dean of Students in the University (or designee) will notify the respondent of names and academic affiliation of Review Board members. The respondent may request a replacement for any member of the Review Board on the grounds that such member has a genuine and material conflict of interest. Such requests must be made to the Dean of Students in the University (or designee) within 2 business days of receiving notice of the identities of the Review Board members. Requests must identify with specificity the alleged nature of the conflict of interest. Using reasoned judgment, the Dean of Students in the University (or designee) will decide whether the alleged conflict is genuine and material and, if so, whether it compels the Review Board member’s replacement.
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 Campus and Student Life or the Dean of Students of the unit in which the matter originated. The Review Board, acting on the basis of the entire record, may sustain, reduce, increase, strike or otherwise modify the sanctions imposed if it determines that prescribed procedures were not followed or, if it is satisfied in its reasoned judgment that the new and material information not available to the Area Disciplinary Committee more likely than not would have resulted in a different decision, it may require the quorum of the original area Disciplinary Committee to reconvene and consider the new information in the proceedings. The Review Board’s decision is final and non-reviewable.
The Dean of Students in the University (or designee) will promptly communicate the Review Board’s decision in writing to the requesting student.