Appeals
There is a single level of appeal as a matter of right in all cases under the Community Judicial Code. Decisions of Hearing Panels may be modified or reversed on appeal only if it is determined by the appellate authority that: (i) the decision is manifestly unfair or unsupported by the testimony and evidence received at the hearing, (ii) the Hearing Panel, the Judicial Officer, or the Judicial Liaison failed to follow and apply the Community Judicial Code or these Procedures and such failure resulted in material prejudice to the appealing party, or (iii) one or more members of the Hearing Panel were unfairly biased or acted with prejudice in a manner that affected the outcome of the case or violated the right of the accused(s) to appropriate due process.
Appeals must be received by the Judicial Liaison within three working days of the original decision. Appeals are directed, through the Judicial Liaison, to the appellate authority. Participants in the original hearing (parties, witnesses, Observers, Hearing Panel members) may not sit on the hearing body for an appeal. Judicial decisions may be appealed only by the person accused except in hearings of sexual harassment or sexual assault charges. (See “Special Hearing Procedures for Charges of Sexual Harassment and Sexual Assault”.)
The President of the College or designate reserves the right to: (i) review, modify or reverse the decision of any campus judicial body, (ii) adopt special judicial procedures; or (iii) make a final determination in any case arising under the Community Judicial Code.