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Appeals to the University Appeals Board (UAB)

A.    Appeal

  1. A Respondent may appeal the Hearing Board’s decision and restorative action to the UAB if the restorative action is social suspension, disciplinary suspension, or disciplinary expulsion. (See Governing Regulation XI) 
  2.  A Respondent and his or her Support Persons have the right to review the hearing file, including any recording of the hearing, in preparation for filing an appeal. 
  3. The written appeal will be submitted to the Chair of the UAB or postmarked, if mailed to the Chair, within seven (7) business days of the receipt of the decision rendered by the Hearing Board.

 

B.    Jurisdiction

The UAB has appellate jurisdiction over non-academic student conduct cases.  The appeal is not a new hearing, but rather a review of the original hearing.  The appeal is limited to the following issues:

  1. Whether deviations in procedures were significantly prejudicial (i.e., would alter the outcome of the hearing).  In such cases, the UAB will determine whether the hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures providing UK a reasonable opportunity to prepare and to present information regarding the alleged Code violation, and providing the Respondent a reasonable opportunity to prepare and to present a response to those allegations.
  2. Whether the restorative actions imposed (i.e., social suspension, disciplinary suspension, disciplinary expulsion) were appropriate for the violation. 
  3. Whether new information, or other relevant facts not presented at the hearing, would have altered the outcome of the hearing and if such information and/or facts were not known to the person appealing at the time of the original hearing.

 

C.   Notification of Appeal

If the Respondent files an appeal, the Chair of the UAB will notify the Office of Student Conduct of the appeal and provide the Office of Student Conduct an opportunity to file a response.  If the Office of Student Conduct files a response to the appeal, the response must be filed within five (5) business days of being notified of the appeal.

 

D.   Appeal Record

In considering an appeal, the UAB will conduct a review of the existing documentary and verbatim record, including but not limited to:

  1. The hearing file;
  2. The written recommendations of the Hearing Board;
  3. The recording or transcript of the formal hearing;
  4. The letter of appeal; and
  5. Written response from the Office of Student Conduct, if any.

 

E.    UAB Decision

Upon review of all of the information, the UAB Chair and two (2) members of the UAB chosen by the Chair, have the authority to do one (1) of the following:

  1. Uphold the findings and recommendations made by the Hearing Board;
  2. In the cases of social suspension, disciplinary suspension, or disciplinary expulsion, modify the restorative actions; or
  3. Remand the case back to a Hearing Board. 

 

F.    Remanded Cases

An appeal can only be remanded to a Hearing Board due to procedural error or new information.

  1. For issues of procedural error, the Director will appoint a new Hearing Board to reconsider the referral; or
  2.  For issues of new information, the Director will instruct the original Hearing Board to resume the hearing.

 

G.   UAB Decision

The UAB Chair will communicate the outcome to the Respondent, the Director, the Dean of Students, and when appropriate, the Complaining Witness.  The decision of the UAB is final and binding upon all involved.