XVIII: Appeals: Difference between revisions

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A. The member advocate will let the individual member know of their rights of appeal.
A. The policy in this section applies to decisions that were made by the AdHoc Committee, 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. Decisions of the Administrative Committee on specific cases — as opposed to general policy issues — may be considered by the Board only if brought to the Board under one of the following conditions:
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  that was not a part of the initial decision, the staff member shall be the Conduct Hearing Coordinator, the Advisor shall be the Conduct Member Advisor who was not part of the initial conduct decision, and the representative from the initial conduct decision shall be the Conduct Committee Chair (if applicable).
:1. Cases involving termination of a member for any cause other than ineligibility for membership or nonpayment of regular charges may be appealed directly to the Board by the affected member.
:2. Any other case may be appealed for procedural errors or for issues important enough for Board Consideration. A staff member must inform the member that an appeal is being considered. A house may appeal only if AdCom’s decision holds it responsible for charges other than the loss of decentralization funds due to member cancellation, or if a house fine or charge is reduced or overruled. The house’s appeal must be based on procedural irregularities.


C. Cases not exempted by Section XVIII.B.1 shall be considered by the Cabinet. When considering appeals of AdCom decisions, the Cabinet shall proceed as follows:
C. The Appeals Committee for a conduct-related issue shall consist of:
:1. The Member Advocate, a representative of the house, or the staff member shall present their reasons for requesting an appeal.
:a. The Advisor not participating in the initial conduct decision
:2. The AdCom Chair shall present her/his reasons for believing AdCom’s decision to be procedurally sound.
:b. The Chair of the initial Conduct Hearing
:3. The presentations shall be allowed an equal amount of time, determined in advance.
:c. The other Conduct Committee Chair
:4. The Cabinet shall then consider the appeal. Unless consideration is extended by a simple 2/3 vote, consideration shall
:d. The Cooperative Experience Manager
be limited to five minutes.
:e. The Vice President of Experience and Training (VPET) or another Board Director of their choice (a non-voting member)
:5. The Cabinet shall then vote on the disposition of the case. A simple majority shall be required for the board to hear the case.


D. If any one of the parties listed in Section XVIII.B.1. wishes to appeal a specific decision of the Administrative Committee, s/he must file a written request, specifying the reasons for the appeal, and the action desired, with the Chair of the Administrative Committee within five (5) working days of the committee’s decision. The staff representative or Administrative Committee Chair must additionally announce to the Administrative Committee immediately after it has made a decision their intention to possibly appeal the decision, in order to retain their right of appeal. Failure to submit the request within this deadline, unless an extension has been granted (below) shall result in the forfeiture of the right to appeal the Committee’s decision.
D. The Appeals Committee for an administrative-related issue shall consist of:
:1. If one of the parties to the decision must be notified by mail, s/he shall have fifteen (15) days after the mailing of notification in which to mail or file the written request for appeal.
:a The Advisor (a non-voting member)
:2. Once the Administrative Committee Chair has received the written request for appeal and Cabinet agrees that the appeal meets the guidelines in section XVIII.A, s/he shall prepare a written report for the Board, which shall be sent to Board members and the parties to the appeal in the first Board packet prior to the Board meeting. This report shall include:
:b The Chair (a non-voting member)
::a. A complete summary of the case, and the action taken by the Committee, along with the reasons for it. The summary should attempt to answer any questions which the Board may have in regard to the case.
:c The Student Executive
::b. The written request for appeal filed by the appellant.
:d Operations Manager (a non-voting member)
::c. Explanations by each of the other parties to the case of their views, and action desired.
:e Two Board Directors (board will elect and maintain a pool of at least five board directors to serve in this capacity at the start of each semester; Cabinet/SumCom members may serve until then)
::d. An explanation by the Administrative Committee Chair of the relevant Administrative Code sections, and any other relevant BSC policies.
 
:3. The Board shall not consider an appeal unless the above report has been presented to it prior to its meeting. If the report cannot be presented to the Board prior to the meeting immediately following the Administrative Committee decision, or if the parties to the case require more time to file an appeal, or explanation, the Administrative Committee Chair or BSC President may grant an extension of the above deadlines.
E. The Appeals Committee will first ensure that all appeals conform to II.XVIII.H before proceeding with adjudication.
::a. The Administrative Committee Chair or President may allow the written report and appeal to be presented to the Board at its meeting in urgent cases requiring immediate consideration of the appeal.
 
::b. Unless an extension is granted, the right of appeal shall not extend beyond the second Board meeting after the Administrative Committee meeting where the decision was made.
F. The member who initially brought the case, the respondent, or the Chair. The Chair shall inform the member of their rights to appeal.
:4. When considering appeals from Administrative Committee decisions, the Board shall proceed as follows:
 
::a. The order of recognition for opening statements shall be as follows: AdCom chair, member appellant, member advocate or other designated representative, staff, other parties to the appeal.
G. All appeals must be filed no later than five (5) business days after the date the appellant was notified of the decision.
::b. All parties to the appeal shall be allowed to make a two minute statement prior to the Board’s final vote on the appeal.
 
::c. The Board shall then consider the appeal. Unless consideration is extended by a simple two-thirds (2/3) vote, consideration shall be limited to fifteen (15) minutes total (not including opening and closing statements, but including any parliamentary points or matters), and one minute per speaker.
H. 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.
::d. The chair shall set time limits for opening statements, between 1 and 6 minutes, taking into account the complexity of the issue. The chair shall consult the parties of the case beforehand, if possible, and each speaker shall be allotted the same amount of time to speak.
 
I. 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.
 
J. 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.
 
K. All decisions made by the Appeals Committee are final and cannot be appealed.  
 
L. The Chair rendering the initial decision must swiftly notify members of their right to appeal, the deadline to file, and the process to initiate.
 
M. If there is a conflict of interest that would preclude a staff person or student leader from serving on the Appeals Committee, or one of the stated members is not available to participate, the President, Operations Manager, Executive Director or Cooperative Experience Manager may designate an appropriate alternate taking into consideration the intended make-up of the committee.
 
N. The Administrative Appeals Committee must be trained in the Administrative Code, procedure, mock cases, and anti-oppression.
 
['''Updated 05/07/20''']
[[Category:Policy]] [[Category:Section II - Administrative Code]]

Revision as of 17:59, 21 January 2022

A. The policy in this section applies to decisions that were made by the AdHoc Committee, 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 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 that was not a part of the initial decision, the staff member shall be the Conduct Hearing Coordinator, the Advisor shall be the Conduct Member Advisor who was not part of the initial conduct decision, and the representative from the initial conduct decision shall be the Conduct Committee Chair (if applicable).

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

a. The Advisor not participating in the initial conduct decision
b. The Chair of the initial Conduct Hearing
c. The other Conduct Committee Chair
d. The Cooperative Experience Manager
e. The Vice President of Experience and Training (VPET) or another Board Director of their choice (a non-voting member)

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

a The Advisor (a non-voting member)
b The Chair (a non-voting member)
c The Student Executive
d Operations Manager (a non-voting member)
e Two Board Directors (board will elect and maintain a pool of at least five board directors to serve in this capacity at the start of each semester; Cabinet/SumCom members may serve until then)

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

F. The member who initially brought the case, the respondent, or the Chair. The Chair shall inform the member of their rights to appeal.

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

H. 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.

I. 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.

J. 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.

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

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

M. If there is a conflict of interest that would preclude a staff person or student leader from serving on the Appeals Committee, or one of the stated members is not available to participate, the President, Operations Manager, Executive Director or Cooperative Experience Manager may designate an appropriate alternate taking into consideration the intended make-up of the committee.

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

[Updated 05/07/20]