Pursuant to the authority and responsibility cited above, the Faculty Council has established the following procedures for the exercise of its appellate jurisdiction over student disciplinary proceedings:
If a party to a disciplinary proceeding desired to lodge an appeal with the Faculty Council, the party must notify the Faculty Council to that effect, in writing, within two weeks following receipt by the party of the written decision of the University Judicial Council (UJC).
Within two weeks after receiving a notice of appeal, the Faculty Council appoints five of its members, including one student, to constitute a panel with power to act on its behalf in hearing and deciding the appeal; one of the members is designated as chair. Persons appoint to the panel must have no interest in or involvement with the parties or the subject matter of the case under appeal.
The panel., as soon as possible after its appointment, sets the date, time, and place for the hearing and provides notice thereof, in writing, to both parties. The time set must provide the appellant with adequate opportunity to comply with the requirement stated immediately below.
The appellant must submit a brief to the panel, and see that a copy is delivered to the appellee, at least one week before the hearing date; a copy must be provided for each member of the panel.
The appellee must submit a brief to the panel, and see that a copy is delivered to the appellant, at least one day before the hearing date; a copy must be provided for each member of the panel.
A transcript of the UJC hearing is provided to the panel and to both parties by the Dean of Students office.
At the hearing, the appellant is allowed 15 minutes for oral argument; the appellant may reserve a maximum of 5 minutes for rebuttal flowing the appellee’s argument. The appellee is allowed 15 minutes for oral argument and may not reserve any time.
Oral Arguments are recorded on tape and the tape is stored in the Dean of Students Office.
As to questions of law, the panel may reverse the decision of the UJC hearing and all the evidence presented therein and may make an independent resolution of those questions of law.
As to questions of fact, the panel may reverse the decision of the UJC only on a showing of clear error. Further on appeal by the university of an adverse UJC ruling, the defendant may not be placed in jeopardy a second time; the purpose of such an appeal is the clarification of rules and establishment of precedent.
The findings and decision of the panel must be based on concurrence of a majority of its members; these are issued in writing to the parties.