Student Conduct
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Campus Appeal Board

15. APPEAL OF ADMINISTRATIVE/CAMPUS JUDICIAL BOARD DECISION 
15.1 In the event that a charged student disagrees with a finding of responsible or sanction of an administrative hearing officer or the CJB, the charged student may request an appeal to the Campus Appeal Board (CAB) within forty-eight (48) hours after notification of the decision by obtaining a Request for Appellate Consideration form from the Office of Student Conduct and then submitting said form to the director of student conduct. She/he will submit the appeal to the CAB within forty-eight (48) hours for prompt consideration. Original sanctions (except summary suspension) are normally put into effect only after the CAB makes a decision. The Campus Appeal Board has the authority to approve, reject, or modify sanctions. It may impose less severe sanctions as well as more severe sanctions. The decision of the CAB may be appealed to the chancellor or his/her designee by completing the Request for Appellate Consideration form. The appeal must be submitted to the director of student conduct within forty-eight (48) hours, and she/he will submit the appeal to the chancellor or his/her designee for prompt consideration.

15.2 The Campus Appeal Board shall be composed of the chairperson of the faculty senate who will serve as chairperson, the president of the student body or his/her designee from the SGA Executive Board, one faculty member, recommended by the faculty senate chair, and one university staff member, recommended by the vice chancellor for student affairs. The faculty and staff member will be appointed by the chancellor.

15.3 A quorum shall consist of any three (3) members, including the chairperson.

15.4 The function of the Campus Appeal Board is that of reviewing the action of the administrative hearing officer or the CJB to determine if: (1) an alleged violation of the rights guaranteed the accused has occurred; (2) the sanction is too severe for the violation; or (3) new evidence has developed which has bearing on the outcome (when the sanction is expulsion, please see expulsion regulation, Section IV, Rights and Responsibilities of the UNC Pembroke Student Handbook.)

15.5 The Campus Appeal Board shall receive the petition from a student choosing to appeal the decision of an administrative hearing or a CJB hearing. Such petition shall be submitted to the chair of the CAB through the office of the director of student conduct, explaining in detail the reasons for the student’s appeal and specifying the ways in which he/she believes the procedures or actions of the administrative hearing officer have violated his/her rights.

15.6 Upon receiving a petition, the Campus Appeal Board shall obtain the record of the administrative hearing officer or the CJB. Such record shall include relevant documents and a written statement by the hearing officer. Such statement in the case of administrative action shall summarize the case and the reasons supporting the disciplinary action.

15.7 With this information, the Campus Appeal Board shall decide whether an appeal hearing is warranted. This decision is based upon the three options for an appeal outlined in Section 15.4 above. It shall notify the petitioner in writing of its decision within seven (7) class days after receiving the student’s petition.

15.8 If the Campus Appeal Board determines that a hearing should be granted, that hearing shall be held within seven (7) class days of such determination and notification shall be given in writing at least three (3) days prior to the date set for the hearing, specifying time and place of the hearing and informing the student of his/her rights. If a student chooses to waive the seven-day (7) notice and other requirements as stated in this section, an immediate appeal hearing may be scheduled.

15.9 The CAB shall invite the appellant, the respective administrative hearing officer, or the chairperson of the CJB, and such other persons as it deems appropriate to appear before the board to make statements and respond to questions. The student and administrative hearing officer may request the board to invite persons to testify if and only if there is new evidence. The CAB follows regular hearing procedures in appeal cases, if it elects to hear new evidence.

15.10 No member of the CAB shall be a party to any prior investigation or witness in the case nor should any member be placed in the position of developing or prosecuting the case.

15.11 After the hearing is concluded, the Campus Appeal Board shall go into executive session to reach a decision.

15.12 The CAB has the authority to approve, reject, or modify the decision in question. It may impose less severe sanctions as well as more severe sanctions. The chairperson of the Campus Appeal Board is a non-voting member, except when there is a tie vote. The decision of the CAB will be submitted in writing to the director of student conduct. The decision of the CAB may be appealed to the chancellor or his/her designee as outlined in Section 16 of this regulation. Prompt notice of the decision of the Campus Appeal Board shall be given. Any appeal of this decision must be in writing and presented within forty-eight (48) hours after notification of the decision to the director of student conduct who will submit the appeal to the chancellor or his/her designee.

16. APPEAL OF A CAMPUS APPEAL BOARD (CAB) DECISION
16.1 In the event a charged student disagrees with a finding of responsible or sanction of the CAB, the charged student may request an appeal to the chancellor or his/her designee within forty-eight (48) hours after notification of the decision. Original sanctions (except summary suspension) are normally put into effect only after the chancellor or his/her designee makes a decision.

16.2 The procedure for an appeal of a CAB decision is as follows:

16.2.a. the function of the chancellor or his/her designee in hearing an appeal is that of reviewing the action of the CAB to determine if: (a) an alleged violation of the rights guaranteed the accused has occurred; (b) the sanction is too severe for the violation; or, (c) new evidence has developed which has bearing on the verdict outcome (when the sanction is expulsion, please see expulsion regulation, Section IV, Rights and Responsibilities);

16.2.b. the chancellor or his/her designee shall receive the petition from a student choosing to appeal the decision of the CAB. Such petition shall be submitted in writing to the chancellor or his/her designee through the director of student conduct explaining in detail the reasons for the student’s appeal and specifying the ways in which he/she believes the procedures or actions of the judicial process have violated his/her rights;

16.2.c. upon receiving a petition, the chancellor or his/her designee shall obtain the record of the CAB. Such record shall include relevant documents and a written statement by the CAB. Such statement shall summarize the case and the reasons supporting the Campus Appeal Board’s decision;

16.2.d. with this information, the chancellor or his/her designee shall decide whether an appeal hearing is warranted. This decision is based upon the three (3) options for an appeal stated in 16.2.a. above. He/she shall notify the petitioner in writing of his/her decision within seven (7) class days after receiving the student’s petition;

16.2.e. if the chancellor or his/her designee determines that a hearing shall be granted, that hearing shall be held within seven (7) class days of such determination and notification shall be given in writing at least three (3) class days prior to the date set for the hearing, specifying time, date, and place of the hearing and informing the student of his/her rights;

16.2.f. the chancellor or his/her designee may invite the appellant and other persons as he/she deems appropriate to appear before him/her to make statements and respond to questions. The student may request the chancellor or his/her designee to invite persons to testify if there is new evidence; and

16.2.g. the chancellor or his/her designee has the authority to approve, reject, or modify the decision in question. The chancellor or his/her designee may impose less severe sanctions as well as more severe sanctions.