The UPJ Appeals Board is the duly authorized appellate body which serves as an advisor to the President and the Associate Vice President for Student Affairs. Its appellate jurisdiction shall be limited to nonacademic matters.
The Appeals Board may meet from time to time for the purpose of orienting new members and reviewing prior decisions and shall meet at such other times as are necessary to conduct appellate hearings.
UPJ APPEALS BOARD STRUCTURE
The UPJ Appeals Board shall be a standing body of eleven members of the University community. They are appointed for a term of two years, commencing the first day Fall term and may be appointed for additional terms of office. The standing body shall be composed of five students, three faculty members, and three staff members. Vacancies may be filled at any time.
A matter properly submitted for review shall be heard by the UPJ Appeals Board consisting of five members.
BASIS FOR APPEAL
The UPJ Appeals Board shall hear an appeal whenever requested by the Director of Student Engagement and Union Operations. The UPJ Appeals Board shall also hear appeals on the petition of a student or student organization when a petition, together with supporting documentation, presents a substantial question within the “Scope of Review” of the UPJ Appeals Board and either the prior adjudication or action resulted in:
Suspension or dismissal from the University for violation of the Student Code of Conduct.
Suspension or dismissal from University residence halls.
Procedural rulings or substantive interpretations which have an important continuing impact upon the University Student Judicial System or the University community.
SCOPE OF REVIEW
The scope of review of the Appeals Board shall be limited to consideration of the following questions:
Whether rights affirmed by the Board of Trustees have been denied.
Whether the adjudicatory process of an initial hearing was conducted fairly and in conformity with properly prescribed procedures.
Whether the adjudication was supported by substantial evidence.
Whether the regulations involved were lawful and proper and whether they were properly applied in the particular case.
Whether the sanction or remedy imposed was in due proportion of the gravity and nature of the conduct.
APPEALS BOARD PROCEDURES
The individual or group adversely affected by the decision of the Judicial Board may institute an appeal before the UPJ Appeals Board by filing a petition in the Office of Student Life, Director of Student Engagement and Union Operations, 130 Student Union Building.
A petition must set forth the following:
Name and address of the petitioner adversely affected by the prior adjudication.
Name and address of the complainant.
The result of the prior adjudication.
One or more of the questions within the “Scope of Review” of the Appeals Board.
A statement supporting, through factual narrative and argument, the petitioner’s position.
The Director of Student Engagement and Union Operations, in consultation with one student and one faculty/staff member of the UPJ Appeals Board, shall review petitions and determine whether all requirements set forth for the filing of an appeal are satisfied and whether the petition sets forth the basis for an appeal and raises a question within the “Scope of Review.” If all requirements are not met or if the basis for the appeal is not substantiated, then the appeals procedure does not continue.
Upon review of a properly filed petition, the Director of Student Engagement and Union Operations shall notify the parties that an appeal has been instituted. Notice shall include:
A copy of the petition
A copy of relevant regulations and procedures
After determining the appropriateness and completeness of a petition and allowing a reasonable amount of time for preparation of documents and recordings, the Director of Student Engagement and Union Operations shall schedule an appeal. All parties shall receive written notification of the time, date and place.
The Director of Student Engagement and Union Operations shall convene an Appeals Board at the time, date and place scheduled and the appeal shall be conducted under the procedural guidance of the Director of Student Engagement and Union Operations.
The Appeals Board, in its discretion, may elect to decide an appeal based on the submission of briefs by the parties without oral argument. In such cases, the Moderator will provide written instruction to the parties.
POSTPONEMENT OF SANCTION PENDING APPEALS
A sanction or remedy which has been recommended by a judicial board and approved by the appropriate administrative officer may be postponed upon petition by the affected party or parties upon a determination that pending the final examination of an appeal it would be unfair not to postpone imposition of the sanction or remedy.
Persons wishing to postpone a sanction or remedy may petition the Appeals Board by separate petition within five (5) working days of the date of the decision letter setting forth reasons why the imposition of a sanction or remedy would unfairly prejudice a party. Petition for postponement shall be reviewed by the Director of Student Engagement and Union Operations, one student and one faculty/staff member of the UPJ Appeals Board. The criteria to be applied in determining whether to postpone a sanction or remedy are as follows:
Whether the issues raised in the appeal may be resolved in favor of the petitioning party.
Whether the petitioning party will be unfairly prejudiced pending a final determination of the appeal by the immediate imposition of the sanction or remedy.
Whether the responding party will be unfairly prejudiced by the postponement of the sanction or remedy.
All decisions regarding the postponement of sanctions shall be made within 5 days of the receipt of such a petition and shall be communicated to all parties in writing through the Associate Vice President for Student Affairs.
REPRESENTATION
A party may be represented or assisted by whomever he/she wishes, but only one representative may take an active part. Legal counsel will not be permitted. (Note: Housing staff cannot provide representation.)
ARGUMENT FORMAT
Each interested party shall be given ample time to present his or her position. In support of a postion a party may refer to any records, documents, or recordings from a prior proceeding and may present an oral or written argument.
Each party may question the other about his or her argument. Members of the UPJ Appeals Board may question the parties.
The Appeals Board shall make factual findings and shall render a final adjudication in the form of a written opinion. A majority shall control all decisions but there may be as accompanying minority opinion.
APPEALS BOARD ACTION
After reviewing all materials relevant to the appealed case, the Appeals Board may choose one of the following options:
Recommended to the Director of Student Engagement and Union Operations:
The decision of the initial hearing board should be upheld and the sanction should be implemented.
The decision of the initial hearing board should be upheld, but the severity of the sanction should be decreased.
The decision of the initial hearing board should be overturned. Reasons must be given for this recommendation.
Recommend that the case be reheard by the initial hearing board. Reasons must be given for this recommendation.
The Director of Student Engagement and Union Operations shall implement the recommendation. The decision of the Appeals Board is the final level of University review.