XVIII: Appeals

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.

B. If the decision to be appealed was originally made by the AdCom then the Appeals Committee shall be the Administrative Committee Appeals Committee (ACAC).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.

C. The ACAC shall consist of:

a. The Administrative Member Advisor

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.

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.

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 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.

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.