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Filing an Appeal

Procedures for filing an appeal or a request for an appeal with the Judicial Council

2013-2014

This letter contains procedural information about requesting an appeal with the Judicial Council.  Appeals can be requested when a student has received a judicial sanction and believes in good faith that his/her case qualifies for review based on at least one of the grounds for appeal as outlined within this document.

Dear Student,

In my capacity as secretary of the Judicial Council, it is my responsibility to explain the appeal procedures, and to coordinate any request a student may have for a review of the decision resulting from a judicial hearing.

The Judicial Council is an appellate and policy making body of the undergraduate judicial system. The Judicial Council is composed of three students, seven faculty members and three administrators. Members serve terms of one to five years.

If you have received a sanction of suspension or expulsion, you will be granted an appeal hearing if you request one within fourteen (14) calendar days of your notification of the decision.  You may send me your appeal request via email at . Upon receipt of your request, we will set a date for the appeal hearing.  You will be notified in writing of the hearing and its date at least seven (7) days before the hearing.

If your hearing outcome is anything less than suspension, an appeal is not automatic.  If you feel something has been done incorrectly or unfairly, you will need to persuade the Judicial Council that your case deserves the intensive review which an appeal affords.

The grounds for an appeal are: (1) Sufficiency of the evidence to support the decision, (2)   The appropriateness of the sanction, (3)   Germane new evidence, (4)   Procedural error that significantly impacts the outcome.  It is a very good idea for you to engage the help of your BIA Student Advisor.  If you need help identifying a Student Advisor please contact the Office of the Dean of Students at 336.758.5226.

Your statement should include the charges, the sanction, the grounds for appeal, and specific information relevant to your case.  Your request may contain up to 1000 words.  You will have fourteen (14) days from the day you received your hearing sanction in which to create and submit this statementPlease submit your request via email and confirm that your statement has been received by calling me at 336.758.5916.  This is a timeline that is non-negotiable.  If you need to consult with parents, guardians or other persons, this must be accomplished within the time frame referenced.

When an appeal request is received, the hearing officer or the deliberative chair or their representative will respond to your complaint in writing.  When I have both statements, I will be ready to take the case to the next business meeting of the Judicial Council.  Meanwhile, I will notify the Office of the Dean of Students that your sanction is on hold pending a decision about an appeal.

When the Judicial Council has met, I will notify you of the decision to either grant or deny your appeal.  If your request for appeal is denied, your sanction goes into effect with any timetables adjusted, if necessary, to take the delay of appealing into account.  If you are granted an appeal, I will set a date for your appeal hearing and I will meet with you to explain the details of how an appeal hearing works and to address any questions you may have.

If you have any questions, please contact me at 336.758.5916 or at 225 Miller Center.

Sincerely,

W. Douglas Bland
Assistant to the Dean of the College and
Secretary to the Judicial Council