Practices and Procedures

University Appeals Board

UAB-1 Faculty responsible for teaching the course involved in the case should attend the hearing. If the faculty member chooses not to do so the hearing may proceed on the basis of any written information submitted by the faculty member.

UAB-2 If the students wish to bring others with them they must notify the Panel Chair two business days in advance of the hearing.

UAB-3 The student is free to submit written material to the Appeals Board through the Chair prior to the hearing. This should be done at least a week in advance if possible.

UAB-4 If students or faculty wish to submit written materials during the hearing twelve copies should be provided.

UAB-5 The student shall not be compelled to give testimony that might tend to be incriminating. Refusal to do so shall not be considered evidence of guilt.

UAB-6 The student shall receive written or electronic notice of the hearing date, time and location.

UAB-7 The student shall receive a written statement of the decision reached by the Appeals Board.

UAB-8 A record of Appeals Board proceedings shall be maintained.

UAB-9 Hearings may be open or closed, according to the student’s choice, which shall be specified in writing two business days in advance. If not specified, it shall be closed.

UAB-10 The student may have an advisor of the student’s own choice who may advise the student and speak on the student’s behalf; however, neither the student nor the student’s advisor may examine any witness or committee members unless permitted by the Chair. If the student desires to bring an advisor the Hearing Officer must be notified two business days prior to the hearing. Others may attend on a space-available basis.

UAB-11 The student shall have the opportunity to hear all witnesses. Any questions the student may wish to ask of witnesses shall be furnished to the Chair, to be asked by the Chair, at the Chair’s discretion.

UAB-12 The Appeals Board Panel, after concluding the hearing and taking testimony and evidence, shall reconvene in executive session to decide the appeal.

UAB-13 The student shall go first at the hearing.

UAB-14 All comments by those testifying shall be directed to the members of the Appeals Board Panel, not to the student or the faculty member.

UAB-15 If the appeal is from a “no merit” determination by the Academic Ombud, the student does not attend the session at which the question of whether to hear the case is handled. If the Board decides to grant a hearing, the student will be notified so he or she can appear at a future session.

UAB-16  If a panel is assembled to hear a case and the hearing cannot be completed in one session that panel with the same members will hear the case through to conclusion, even if this means the hearing runs beyond expiration of the appointed terms of some of the members of the panel.

UAB-17   The appealing student and the involved faculty and administrators are invited to the hearing. If they cannot attend the hearing may proceed after they have been notified and given an opportunity to submit additional written comments, if appropriate in the view of the Chair.

UAB-18  The panel may, at its discretion, request or receive and review additional information in addition to that provided by the Academic Ombud, the student or the faculty member.

UAB-19   If the student will be accompanied by legal counsel, the Chair must be so notified in writing no les than seven calendar days prior to the date of the hearing. If present, legal counsel may make an opening or closing statement. Because hearings are administrative in nature, not legal proceedings, the panel is not bound by technical rules of evidence usually employed in legal proceedings but may consider any evidence it deems appropriate.

UAB-20    If a student requests a hearing and, without good cause, fails to appear or fails to advise the Chair in writing more than seven calendar days before the scheduled date of the hearing that he or she will not appear at the hearing, the student may forfeit his or her opportunity for a hearing, and the hearing panel may proceed with its deliberations in the matter.

UAB-21   Once the Appeals Board has reached a decision that outcome shall be communicated and no background or rationale provided as each case is sui generis and, therefore, bears no precedential value.

 

 

Current as of May, 2014