ARTICLE IV: STUDENT CODE OF CONDUCT PROCEDURES (from WLU Student Handbook,: Code of Conduct)
- A decision reached by the Judicial Board or a sanction imposed by the Judicial Coordinator may be appealed by the accused student(s) or complainant(s) to the Vice President of Student Services within five (5) school days of the decision. However, the president may appoint a different administrator to hear an appeal, e.g. when the Vice President of Student Services recuses himself or when a conflict of interest exists. Appeals shall be in writing and shall be delivered to the Judicial Coordinator or his or her designee.
- Except as required to explain the basis of new information, an appeal shall be limited to a review of the record of the Judicial Board hearing and supporting documents for one or more of the following purposes:
- To determine whether the Judicial Board hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code was violated, and giving the accused student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice is demonstrated.
- To determine whether the decision reached regarding the accused student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code occurred.
- To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed.
- To consider new information, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Judicial Board hearing.
- If an appeal is upheld by the Vice President of Student Services or by the President’s appointee, the matter shall be returned to the Judicial Board and Judicial Coordinator for re-opening of Judicial Board hearing to allow reconsideration of the original determination and/or sanction(s). If an appeal is not upheld, the matter shall be considered final and binding upon all involved.
- In cases where the sanction imposed is university suspension or expulsion, an additional appeal may be made to the president of the institution following the same steps as outlined in D.1, D.2, and D.3 above.
- In disciplinary cases where the institutional sanction is expulsion, the Board of Governors may, pursuant to such procedures as it may specify, grant an appeal from the disciplinary action of the President on the record of the case submitted and on leave of the Board of Governors first obtained. A student desiring to appeal the sanction of expulsion must, within three (3) working days, indicate to the president in writing the intent to appeal the decision to the Board of Governors. A written petition of appeal must be filed with the Board of Governors within fifteen (15) days of the President’s decision. If the Board of Governors determines that the petition will not be heard, the decision of the president of the institution is affirmed and sanctions imposed therein shall be effective upon the president’s receipt of the statement of denial. If the appeal is granted, the sanction imposed by the president’s decision shall be stayed until the Board of Governors makes a final decision after a review of the case. In the event the decision of the president is affirmed after such review, the person appealing and the president shall be notified by certified mail and the sanction shall be effective immediately upon receipt by the president of the decision rendered by the Board of Governors. In reviewing student appeals involving the sanction of expulsion, the Board of Governors will review all relevant information and records of applicable institutional disciplinary proceedings to ensure that due process has been afforded. In any case of any review of disciplinary action, the Board of Governors may take such action as it deems reasonable and proper in all the circumstances and in answer to all its responsibilities under the law.