Student Judicial Policies and Procedures

11. Appeal Procedure

11.1 When considering matters on appeal, the UAB or the appropriate Vice Chancellor is the final appellate level within the UMass Dartmouth judicial system.

11.2 An accused student or a complainant who has been informed of the outcome of a discipline hearing as provided in section 9.8-7, may submit an appeal, in writing, to the UAB or to the Vice Chancellor, or designee. The written appeal must state the grounds upon which the appeal is based.

11.3 Grounds for appeal are allegations that: (1) the sanction administered by the original judicial entity is unjustified in its severity or leniency; (2) the weight of evidence did not justify a finding of guilty or innocent; (3) the basic tenets of due process provided by this document were omitted, ignored, or violated by the original judicial entity; (4) new evidence that is relevant and that was unobtainable at the time of the original hearing is extant; (5) a substantive issue pertaining to the interpretation of disciplinary rules or regulations is raised; or (6) a substantive miscarriage of justice has occurred.

11.4 The appeal petition must be written by the appellant. Exception: Any student who has been found guilty at a disciplinary hearing and who has been given a penalty of expulsion or suspension from the University for more than ten days shall have the right, at the student’s expense, to submit a written statement drafted by an attorney that will be considered by the final appellate entity before a decision is issued.

11.5 The appeal petition must be received in the Division of Student Affairs office or designated location not later than five (5) consecutive class days following receipt of the original decision.

11.6 With the exception that the petition must cite appropriate grounds for appeal enumerated above in order to be valid, there is no prescribed form for a petition for appellate review. The appellant has the responsibility to make the petition sufficiently lucid and detailed so as to allow the appellate entity to understand the nature of the petition. If the appellate entity determines that a petition is improperly drafted or that it is insufficiently detailed, it shall so inform the petitioner and he/she shall have the right to submit an amended appeal within three (3) consecutive school days following said notification.

11.7 The appellate entity shall grant a hearing upon receipt of a petition of appeal whenever the said entity shall determine that the petition raises substantive issues relative to the grounds for appeal enumerated above, and, in the case of the appeal being made to the UAB, a minimum of 3 members of the UAB must vote in favor of granting a hearing. When a hearing takes place, at least seven (7) members of the UAB must be present.

11.8 Withdrawal from University: A student party to a disciplinary action who has initiated an appeal to an appellate entity and who subsequently withdraws in good standing from the University while the appeal is pending, may continue the appeal process if he or she so chooses.

11.9 Official Summaries: In each case wherein a petition of appeal has been granted, an official summary of previous action in the case being appealed shall be submitted to the appellate entity. The official summary shall be prepared by responsible Student Affairs officials and all parties to the appeal shall receive a copy of the summary. The official summary shall contain: a statement of the charges preferred, a summation of the evidence heard, a record of decisions upon the evidence, and a statement of the sanction(s) imposed.

11.10 The appeal hearing is to be strictly limited to a review of the record of the original hearing. New evidence (i.e. evidence which was not presented at the original hearing) may be considered only if it is relevant and only if it was unobtainable at the time of the original hearing.

11.11 On appeal to the University Appellate Board, the order of the proceedings is as follows:

11.11-1 The Chairperson of the UAB shall read to the other members the written appeal of the appellant.

11.11-2 In cases of appeal from decisions of lower judicial entities, the UAB shall invite a representative of the lower judicial entity to attend. The UAB shall listen to, read transcripts of, or hear the recording of the pertinent part(s) of the original proceeding(s).

11.11-3 The appellant and the lower judicial entity representative shall each be permitted thirty (30) minutes oral argument.

11.11-4 The members of the UAB may question the appellant.

11.11-5 All persons other than members of the UAB shall retire from the room. The UAB shall reach all decisions by majority vote and, not later than three (3) consecutive class days thereafter, write its opinion.

11.11-6 The appellant is to receive a copy of the decision.

11.11-7 The decision of the UAB may include the following:

11.11-7a Affirm and uphold the decision of lower judicial entity.

11.11-7b Reject and overturn the decision of a lower judicial entity.

11.11-7c The accused may be found not guilty of the original charges.

11.11-7d The accused may be found guilty of the original charges and any of the full range of available items under the Sanction and Penalties section of this document may be applied.

11.11-7e Return the matter to the original judicial entity with instructions.

Last Updated On: 8/19/07