PART 4: HEARING BOARDS

4.1 The University Judicial Board is comprised of five (5) students selected from a pool of at least ten (10) students. When the accused student is an undergraduate student, at least two (2) board members are undergraduate students; when the accused student is a graduate student, at least two (2) board members are graduate students. When the accused student lives in a University residence and when the incident in issue occurred in a University residence, at least two (2) board members are current residential students. When the accused student organization is a recognized Greek letter organization, at least two (2) board members are members of a recognized Greek letter organization other than the organization(s) involved in the case. In cases involving nonconsensual sexual activity or a felony arrest, the complainant or the accused student may request that a non-student University Judicial Board comprised of three (3) faculty, staff or administrative University Appeals Board members be appointed by the Director of Judicial Affairs. The University Judicial Board is advised by a trained designee of the Director of Judicial Affairs or, in cases of nonconsensual sexual activity or felony arrest, by the Director of Judicial Affairs or an attorney appointed by the Director of Judicial Affairs.

4.2 The University Judicial Board may hear any case of alleged violation of the Code of Student Conduct filed against individual student or student organizations, except cases of academic dishonesty. The University Judicial Board may impose sanctions up to and including expulsion from the University and may design sanctions that are educational and/or remedial specific to the facts of a given case. Standard Sanctioning Guidelines for specific offenses and the applicability of those guidelines are included in Part 10. Decisions of the University Judicial Board are confirmed by the Director of Judicial Affairs, or his or her designee.

4.3 Appeals from decisions of the University Judicial Board that meet the criteria set forth in Part 11 below are heard by the University Appeals Board.

4.4 The University Appeals Board is comprised of three (3) members. Two (2) members are faculty/staff/administrators and one (1) member is a student, except in cases of nonconsensual sexual activity or felony arrest where a non-student hearing board was selected to conduct the original proceedings. Where this non-student option has been selected, the University Appeals Board will be comprised of three (3) faculty/staff/administrators. The University Appeals Board has authority to hear appeals from decisions of any lower non-academic judicial board that meet the criteria set forth in Part 11. In addition the University Appeals Board has authority to review the decision rendered by any hearing officer described within these procedures. Members of the University Appeals Board are appointed by the Senior Vice President and Dean of Student Affairs from a pool of at least ten (10) members recommended by the University community. The University Appeals Board is advised by the Director of Judicial Affairs, if he or she has not been involved in the original hearing, or by a designee of the Senior Vice President and Dean of Student Affairs.

4.5 The University Appeals Board will determine whether the prescribed criteria for appeals have been met and what process, if any; will be required to resolve the case. The Board may re-hear cases or limit the proceedings to the specific issues outlined in the appeal, depending on the nature of the case. The Board may change lower board decisions, alter sanctions up or down, or return cases to the respective lower board for further process. The University Appeals Board may impose sanctions up to and including expulsion from the University and may design educational and/or remedial sanctions appropriate to a given case. The University Appeals Board may alter the Standard Sanctioning Guidelines in Part 10 where the board determines that substantial mitigating or exacerbating circumstances warrant reduction or enhancement of the standard sanction.

4.6 Decisions of the University Appeals Board will be final when reviewed and confirmed by the Senior Vice President and Dean of Student Affairs and/or his or her designee, except decisions rendered on the merits in cases involving nonconsensual sexual activity or felony arrest. Decisions rendered on the merits in cases involving nonconsensual sexual activity or felony arrest are final once confirmed by a Review Board of three (3) faculty/staff/administrators appointed by the Chancellor.