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F.
A mediator may be designated by the judicial advisor to mediate disputes
within the student community in cases which do not involve a violation of
the Community Standards or in cases that are best addressed through
mediation. All parties must agree to mediation. Issues may be resolved
without a hearing on a basis acceptable to the judicial advisor if all
parties involved consent to such a process. If the issues cannot
be resolved by mutual consent, the judicial advisor shall refer the matter
to the Judicial Review Committee. The decision to pursue matters
through the disciplinary system ultimately lies with the judicial advisor on
behalf of the university or with the student complainant in some
circumstances.
III. Appeals
Disciplinary decisions of the Judicial Review Committee or a Student Life dean may
be appealed (under the conditions described below) to the dean of Student Life.
A. Any appeal must be filed within five (5) business days of the decision.
Such appeals shall be in writing and shall be delivered to the dean of
Student Life or designee. Except when required to explain the basis of
new evidence, an appeal shall be limited to a review of the record of
the initial hearing and supporting documents for one or more of the
following purposes:
1.
To determine whether the original hearing was conducted fairly in
light of the allegations and evidence presented, and in conformity
with prescribed procedures, giving the university a reasonable
opportunity to prepare and present evidence that the Community
Standards were violated, and giving the respondent a reasonable
opportunity to prepare and to present a rebuttal of those allegations;
2.
To determine whether the decision reached regarding the
respondent was based on substantial evidence; that is, whether the
facts in the case were sufficient to establish that a violation of the
Community Standards occurred;
3.
To determine whether the sanction(s) imposed were appropriate to
the violation of the Community Standards which the student was
found to have committed;
4.
To consider new evidence or other relevant facts not brought out in
the original hearing sufficient to alter a decision, because such
evidence was not known, and could not have been known to the
person appealing at the time of the original hearing.
B. Generally, except for those cases in which overly harsh sanctions were
imposed, or in which some bias was found to have existed at the original
hearing, the dean of Student Life should remand valid appeals back to the
Judicial Review Committee or Student Life dean. Cases involving new
evidence that are remanded will be regarded as new cases, which can
then be appealed again to the dean of Student Life.
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