11.23. Appeals

A student who has been found liable of violating the honor code by the honor council has the right to appeal the decision to the provost. The appeal must be made using the official University means of communication within three academic business days of notification of the honor council’s decision and receipt of the pre- and post- hearing synopses and the offer of access to the hearing audio record, whichever event comes latest. Appeals may be granted only under the following circumstances:

11.23.1. If the honor council deviated substantially from the rules and procedures laid out in the honor code in determining the case. Substantial deviations are of sufficient magnitude as to call into question the fundamental fairness of the proceedings or which may have influenced the outcome of the case.

11.23.2. If there is additional evidence that could have a bearing on the outcome of the case.

Following submission of an appeal, the provost may summarily dismiss the appeal if, in his/her opinion, it does not adequately address the requirements enumerated in Sec. 11.23.1. or Sec. 11.23.2. The provost will notify the appellant of such an action.

If the provost elects to not summarily dismiss the appeal, then he/she will summon a review board which will examine the appeal and decide whether a new hearing is warranted. The review board will be made up of the provost plus two faculty members the provost selects and who have recently completed terms on the honor council. The secretary will provide members of the review board with all the case documentation (including access to pre-and post-hearing synopses and audio records). The provost will designate a member of the review board to take detailed minutes of any meetings the board may have. These minutes will be kept on-file by the provost or his/her designees for a period of not less than six years.

If the review board determines that a new hearing is warranted, the secretary will convene an appeal panel. The appeal will be heard by members of the full honor council which was not employed in the original adjudication of the case. The secretary will appoint an experienced honor council faculty member to serve as secretary for purposes of the appeal hearing. The appeals panel will have the same composition and will follow the same protocols as any judicial panel.

The appeals panel may decide either to uphold or overturn the decision of the original judicial panel. If the verdict is overturned, the secretary should inform all those within the bounds of confidentiality of the results of the appeal. Any person found not liable on appeal may not be charged a second time for the same offense. If the appeals honor council decides to uphold the original ruling, no further appeals can or will be granted.