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 the Administrative Committee (AdCom), the Conduct Committee (ConCom), the Clear and Present Danger Committee, or by staff.


B. If the decision to be appealed was originally made by the AdCom then the Appeals Committee shall be the Administrative Committee Appeals Committee (ACAC).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. If the decision was made with regard to the AdCode (section II of the Policy Directory) then the Chair shall be the Administrative Committee Chair, the Manager shall be the Operations Manager, the Advisor shall be the Administrative Member Advisor, and the Student Executive shall be the Vice President of Internal Affairs. If the decision was made with regard to the Conduct Code (section VII of the Policy Directory) then the Chair shall be the Conduct Committee Chair, the Manager shall be the Cooperative Experience Manager, the Advisor shall be the Conduct Member Advisor, and the Student Executive shall be the Vice President of Experience and Training.


C. The ACAC shall consist of:
C. The Appeals Committee shall consist of:
:a. The Administrative Member Advisor
:a. The Advisor
:b. The AdCom Chair
:b. The Chair
:c. The Vice President of Internal Affairs
:c. The Student Executive
:d. The Executive Director
: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.
D. The Appeals Committee will first ensure that all appeals conform to II.XVIII.H before proceeding with adjudication.


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.
E. The member who initially brought the case, the respondent, the Chair, or the Manager may appeal any AdCom decision. The Administrative Member Advisor shall inform the member of their rights to appeal.


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


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.
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.

Revision as of 17:06, 7 December 2016

A. The policy in this section applies to decisions that were made by the Administrative Committee (AdCom), the Conduct Committee (ConCom), the Clear and Present Danger Committee, or by staff.

B. If the decision was made with regard to the AdCode (section II of the Policy Directory) then the Chair shall be the Administrative Committee Chair, the Manager shall be the Operations Manager, the Advisor shall be the Administrative Member Advisor, and the Student Executive shall be the Vice President of Internal Affairs. If the decision was made with regard to the Conduct Code (section VII of the Policy Directory) then the Chair shall be the Conduct Committee Chair, the Manager shall be the Cooperative Experience Manager, the Advisor shall be the Conduct Member Advisor, and the Student Executive shall be the Vice President of Experience and Training.

C. The Appeals Committee shall consist of:

a. The Advisor
b. The Chair
c. The Student Executive
d. The Executive Director

D. The Appeals Committee will first ensure that all appeals conform to II.XVIII.H before proceeding with adjudication.

E. The member who initially brought the case, the respondent, the Chair, or the Manager may appeal any AdCom decision. The Administrative Member Advisor shall inform the member of their rights to appeal.

F. All appeals must be filed no later than five (5) business days after the date the appellant was notified of the decision.

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.

H. Appeals may be made for the following reasons:

a. New evidence that could not be presented at the time of the original meeting.
b. Procedural error that unfairly and materially affected the outcome of the case.
c. Gross misapplication of policy by the original body.

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.

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

K. In between terms all appeals shall be heard by Cabinet.