Student Judiciary Policies and Procedures

5. Appellate Judicial Entities

Students may elect to have appeals heard by the University Appellate Board or an Administrative Hearing Officer. See Section 11 for specific information on the appeal procedure.

5.1 University Appellate Board (UAB)

5.1-1 Composition - the membership of the UAB shall be composed of fifteen (15) justices as follows: six (6) faculty, six (6) students, three (3) administrative staff. The fifteen justices shall comprise a pool from which a nine (9) member hearing board shall be selected. The hearing board shall consist of four (4) faculty, four (4) students and one (1) administrator. A chairperson shall be elected from among the UAB membership by a simple majority vote of the membership. The chairperson shall serve for one year from date of election. Faculty members of the UAB shall serve for two years from the date of first appointment. Student members of the UAB shall serve for one year from date of first appointment. Administrative staff members of the UAB shall serve for two years from the date of first appointment.

5.1-2 Appointment - Appointment to the UAB shall be the joint responsibility of the following campus governance groups: faculty shall be appointed by the Faculty Senate; students shall be appointed by the Student Senate in the Spring for the succeeding year based on the recommendation of the Senate’s Judicial Screening Committee; administrative staff shall be appointed by the Vice Chancellor for Student Affairs. All appointments to the UAB shall begin and end in October and are renewable subject to the recommendation of the specified appointing agency.

5.2 Administrative Hearing Officer

The Vice Chancellor for Student Affairs and the Vice Chancellor for Academic Affairs - or their respective designees - serve as Hearing Officers in the appellate process for appeals arising in their respective jurisdictions.

5.3 Jurisdiction

Appellate Entities shall have jurisdiction in the following areas:

5.3-1 Appeal of conduct-related judgments of a lower judicial entity involving sanctions specified in sections 13.1 through 13.9 inclusive. Such cases may be heard by the UAB only upon consideration of the written grounds for appeal as submitted by a party to the original proceeding and agreement by a minimum of 3 UAB members voting to hear the complete appeal.

5.3-2 Appeal of cases involving the imposition of a failing grade given on the basis of a charge of academic dishonesty, or cases of imposition of action other than or in addition to a failing grade given on the basis of a charge of academic dishonesty.

5.3-3 Cases involving request for readmission to the University from suspension for non-academic reasons after a student has been suspended or denied readmission by an administrative office.

5.3-4 Petitions from the accused in cases of discipline arising from extraordinary or emergency conditions requiring the action of immediate suspension by the Chancellor of the University, or his/her designee, of a student or group of students who act, or refuse to act, the result of said conduct is to interfere with the rights of others and is non-peaceful or is disruptive or said conduct constitutes a clear and present danger to the health, safety, or property of others. Upon receipt of a petition requesting a hearing in a case of interim suspension, the hearing on the charges should occur within three (3) consecutive school days following receipt of petition. A request by the accused student for an extension of time may be granted by a majority vote of the UAB membership, or by an Administrative Hearing Officer.

5.3-5 Appeal of cases involving the violation or interpretation of the Student Government Constitution or the policies or actions of the Student Senate or Residence Hall Congress. The UAB or Administrative Hearing Officer shall judge the constitutionality of any action taken by the above-named organizations, their executive agencies, or by members thereof.

5.3-6 Appeal of cases involving constitutional conflict within any campus organization, or between major governing groups, or between campus organizations and governing groups.

5.3-7 Appeal of cases involving the constitutionality of any action taken by a student organization or governing group.

5.3-8 Upon petition from the involved parties standing for elective office on campus, and following due consideration of the dispute by such boards or agencies empowered to consider election disputes, the UAB or Administrative Hearing Officer shall consider unresolved disputed elections.

5.4 Procedural Compliance

Any hearing level judicial entity found by the University Appellate Board to be consistently violating the provisions of this document may be subject to review of its judicial authority and/or assumption of its jurisdiction by the University Appellate Board.