b. There is infonnation that was unavailable at the time ofthe original hearing
that would alter the detennination of responsibility.
36. A Respondent who is found responsible by a Panel for a violation of this Code and
is sanctioned with social suspension disciplinag suspension or expulsion may appeal in
writing to the UAB (see Governing Regulation Pc1rtX].C) and (see Rules ofthe
University Senate Part II Section 6.5 ). The basis ofthe appeal shall be limited to the
severity ofthe sanction imposed by the Panel for the infraction for which the student was
found responsible. The written appeal shall be submitted to the Chair ofthe UAB or
postmarked if mailed within seven (7) business days ofthe receipt ofthe decision
rendered by the Panel.
37. The Chair of the UAB and two (2) members of the UAB chosen by the Chair shall
review an appeal submitted in accordance with section 35 above to detennine if the
appeal has merit and therefore warrants further consideration of the case by a
Disciplinay Hearing Officer Panel. The two (2) individuals chosen by the UAB Chair
may be current UAB members and/or individuals who have served on the UAB within
the past two academic years. The decision on the merit of the appeal shall be decided by
majority vote ofthe UAB Chair and the 2 consulted persons. An appeal shall be deemed
meritorious if they concludes that:
a. a procedural error in the conduct ofthe case may have affected the
detennination of a finding of responsibility: or
b. the new infonnation was unavailable at the time ofthe original hearing and
could have altered the detennination of responsibility.
38. The Chair of the UAB shall notify the Dean of Students of the decision on the
guestion of merit.
39. The Dean of Students shall take one of the following three courses of action:
a. Act on the Panel’s finding of responsibility and assigped sanction if the Chair
communicates that the appeal was without merit:
b. Instruct a new Panel to reconsider the case in light of a procedural error that
may have affected the detennination of a finding of responsibility: or
c. Instruct the original Panel to resume the case in light of evidence that was
both unavailable at the time of the original hearing and could have altered the
detennination of responsibility.
40. The Panel instructed by the Dean of Students to reconsider or resume
consideration ofa case (see subsections 39gb) and 39gc) above) shall:
a. Conduct the proceedings in accordance with Section 34 of this Code.
Student Code (6-8-IO revision)
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