CHAPTER TWO: 2450
STUDENT AFFAIRS POLICIES
APPEALS TO FACULTY SENATE IN DISCIPLINARY CASES
PREAMBLE: This section, added to the Handbook in May, 1984, outlines the appeal process in student disciplinary cases. For further information, contact the Dean of Students (208-885-6757).
A. RIGHT OF APPEAL. "Any party to a disciplinary hearing shall have the right to appeal the decision to the faculty or its duly authorized representative. Subsequent appeals may be taken to the president and to the regents when the president and the regents agree to hear the appeal." [2200 IV-11]
B. APPELLATE JURISDICTION. "The Faculty Senate has appellate jurisdiction over all student disciplinary proceedings and must comply with section IV, paragraph 11, item (d), of the 'Statement of Student Rights.'" [2400 B-3][ed. 7-09]
C. PROCEDURAL REQUIREMENT. "Appellate bodies shall establish their own procedures; these must include adequate notice to the parties and sufficient opportunity for the parties to prepare their arguments." [2200 IV-11(d)]
D. PROCEDURES. Pursuant to the authority and responsibility cited above, the Faculty Senate has established the following procedures for the exercise of its appellate jurisdiction over student disciplinary proceedings: [ed. 7-09]
D-1. If a party to a disciplinary proceeding desires to lodge an appeal with the Faculty Senate, the party must notify the Faculty Senate to that effect, in writing, within two weeks following receipt by the party of the written decision of the University Judicial Council (UJC). [ed. 7-09]
D-2. Within two weeks after receiving a notice of appeal, the Faculty Senate appoints five of its members, including one student, to constitute a panel with power to act on its behalf in hearing and deciding the appeal; one of the members is designated as chair. Persons appointed to the panel must have no interest in or involvement with the parties to or the subject matter of the case under appeal. [ed. 7-09]
D-3. The panel, as soon as possible after its appointment, sets the date, time, and place for the hearing and provides notice thereof, in writing, to both parties. The time set must provide the appellant with adequate opportunity to comply with the requirement stated immediately below.
D-4. The appellant must submit a brief to the panel, and see that a copy is delivered to the appellee, at least one week before the hearing date; a copy must be provided for each member of the panel.
D-5. The appellee must submit a brief to the panel, and see that a copy is delivered to the appellant, at least one day before the hearing date; a copy must be provided for each member of the panel.
D-6. A transcript of the UJC hearing is provided to the panel and to both parties by Student Advisory Services.
D-7. At the hearing, the appellant is allowed 15 minutes for oral argument; the appellant may reserve a maximum of 5 minutes for rebuttal following the appellee's argument. The appellee is allowed 15 minutes for oral argument and may not reserve any time.
D-8. Oral arguments are recorded on tape and the tape is stored in Student Advisory Services.
D-9. As to questions of law, the panel may review the record of the UJC hearing and all the evidence presented therein and may make an independent resolution of those questions of law.
D-10. As to questions of fact, the panel may reverse the decision of the UJC only on a showing of clear error. Further, on appeal by the university of an adverse UJC ruling, the defendant may not be placed in jeopardy a second time; the purpose of such an appeal is the clarification of rules and establishment of precedent.
D-11. The findings and decision of the panel must be based on concurrence of a majority of its members; these are issued in writing to the parties.