XVIII: Appeals: Difference between revisions

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Board approved 11/12/15.
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A. The policy in this section applies to decisions that were made by the Administrative Committee (AdCom) or by staff with respects to the Administrative Code.
==A. The policy in this section applies to decisions that were made by AdCom, the Conduct Committee (ConCom), the Clear and Present Danger Committee, the Central Level PNG Review Committee, or by staff with regard to BSC member conduct related matters.==


B. If the decision to be appealed was originally made by the AdCom then the Appeals Committee shall be the Administrative Committee Appeals Committee (ACAC). Otherwise the Appeals Committee shall be AdCom.
==B. The Appeals Committee for a conduct-related issue shall consist of:==
:a. The Conduct Member Advisor not participating in the initial conduct decision
:b. The Conduct Committee Chair not participating in the initial conduct decision
:c. The Director of Cooperative Experience or the Executive Director’s designee, as long as they did not participate in the initial conduct decision
:d. A third conduct committee member either a chair or member advisor that did not partake in the initial conduct decision


C. The ACAC shall consist of:
==C. The Appeals Committee for an administrative-related issue shall consist of:==
:a. The Administrative Member Advisor
:a. The Administrative Committee Chair not participating in the initial AdCom decision
:b. The AdCom Chair
:c. The Vice President of Internal Affairs
:d. The Executive Director


D. The Administrative Member Advisor, Administrative Committee Chair, and Operations Manager will screen all appeals to ensure that they conform to II.XVIII.H before sending the case to the Appeals Committee.
:b. At least two of the three Administrative Committee members not participating in the initial AdCom decision


E. The member who initially brought the AdCom case, the AdCom Chair, or the Operations Manager may appeal any AdCom decision. The Administrative Member Advisor shall inform the member of their rights to appeal.
:c. Should the Administrative Appeals Committee be unable to meet, IACom (or Cabinet, if IACom is unavailable or unable to hear the appeal) may hear appeals to administrative-related issues. During the summer, SumCom shall substitute for Cabinet/IACom.  


F. All appeals must be filed no later than five (5) business days after the date the appellant was notified of the decision.
==D. The Appeals Committee will first ensure that all appeals conform to the following criteria, before proceeding with adjudication:==


G. The appellant must submit a document outlining the reasons for their appeal and the decision that they wish the Appeals Committee to take. The Chair of the Appeals Committee shall appoint someone to represent the decision that the Enforcement Committee made and submit a report summarizing the case and the Enforcement Committee’s reasoning.
:a. The member(s) who initially brought the case - complainants(s) - and the respondent may appeal the outcome


H. Appeals may be made for the following reasons:
:b. All appeals must be filed no later than five (5) business days after the date the appellant was notified of the decision.
:a. New evidence that could not be presented at the time of the original AdCom meeting.
:b. Procedural error.
:c. Gross misapplication of policy.


I. The Chair of the Appeals Committee shall designate a specific amount of time for opening statements, questions, closing statements, and deliberation. The time allotted to both parties must be the same.
:c. The appellant must submit a document outlining the reasons for their appeal and the decision that they wish the Appeals Committee to take.


J. All decisions made by the Appeals Committee are final and cannot be appealed.  
:d. Appeals may be made for the following reasons:
::i. New evidence that could not be presented at the time of the original meeting.
::ii. Procedural error that unfairly and materially affected the outcome of the case.
::iii. Gross misapplication of policy by the original body.


K. In between terms all appeals shall be heard by Cabinet.
==E. The Chair of the Appeals Committee shall appoint someone from the Enforcement Committee to represent the decision that they made, and to submit a report summarizing the case and the Enforcement Committee’s reasoning.==
 
==F. All decisions made by the Appeals Committee are final and cannot be appealed.==
 
==G. The Chair rendering the initial decision must swiftly notify members of their right to appeal, the deadline to file, and the process to initiate.==
 
==H. If there is a conflict of interest that would preclude someone normally on an appeals body from hearing an appeal, they may designate an appropriate alternate, taking into consideration the intended make up of the committee.==
 
==I. The Administrative Appeals Committee must be trained in the Administrative Code, procedure, mock cases, and anti-oppression.==
 
 
 
 
''[Updated per SumCom #4 (08.20.2026)]''
 
''[Updated per SumCom #1 (06.18.2026)]''
 
''[Updated Section C per approval at Board #6 (04.10.2025)]''
 
''[Updated as per approval at Cabinet #8 (12.8.22)]''
 
''[Updated 05/07/20]''
[[Category:Policy]] [[Category:Section II - Administrative Code]]

Latest revision as of 13:40, 21 August 2026

A. The policy in this section applies to decisions that were made by AdCom, the Conduct Committee (ConCom), the Clear and Present Danger Committee, the Central Level PNG Review Committee, or by staff with regard to BSC member conduct related matters.

B. The Appeals Committee for a conduct-related issue shall consist of:

a. The Conduct Member Advisor not participating in the initial conduct decision
b. The Conduct Committee Chair not participating in the initial conduct decision
c. The Director of Cooperative Experience or the Executive Director’s designee, as long as they did not participate in the initial conduct decision
d. A third conduct committee member either a chair or member advisor that did not partake in the initial conduct decision

C. The Appeals Committee for an administrative-related issue shall consist of:

a. The Administrative Committee Chair not participating in the initial AdCom decision
b. At least two of the three Administrative Committee members not participating in the initial AdCom decision
c. Should the Administrative Appeals Committee be unable to meet, IACom (or Cabinet, if IACom is unavailable or unable to hear the appeal) may hear appeals to administrative-related issues. During the summer, SumCom shall substitute for Cabinet/IACom.

D. The Appeals Committee will first ensure that all appeals conform to the following criteria, before proceeding with adjudication:

a. The member(s) who initially brought the case - complainants(s) - and the respondent may appeal the outcome
b. All appeals must be filed no later than five (5) business days after the date the appellant was notified of the decision.
c. The appellant must submit a document outlining the reasons for their appeal and the decision that they wish the Appeals Committee to take.
d. Appeals may be made for the following reasons:
i. New evidence that could not be presented at the time of the original meeting.
ii. Procedural error that unfairly and materially affected the outcome of the case.
iii. Gross misapplication of policy by the original body.

E. The Chair of the Appeals Committee shall appoint someone from the Enforcement Committee to represent the decision that they made, and to submit a report summarizing the case and the Enforcement Committee’s reasoning.

F. All decisions made by the Appeals Committee are final and cannot be appealed.

G. The Chair rendering the initial decision must swiftly notify members of their right to appeal, the deadline to file, and the process to initiate.

H. If there is a conflict of interest that would preclude someone normally on an appeals body from hearing an appeal, they may designate an appropriate alternate, taking into consideration the intended make up of the committee.

I. The Administrative Appeals Committee must be trained in the Administrative Code, procedure, mock cases, and anti-oppression.

[Updated per SumCom #4 (08.20.2026)]

[Updated per SumCom #1 (06.18.2026)]

[Updated Section C per approval at Board #6 (04.10.2025)]

[Updated as per approval at Cabinet #8 (12.8.22)]

[Updated 05/07/20]