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Appeals & Timing

1. Student Conduct Appeals Committee

a. Composition

1. The Appeals Committee is composed of two voting student members, two voting faculty members, an additional member of the faculty serving as Co-Chair, and an additional student serving as Co-Chair. The Co-Chairs will vote at the hearing only in the case of a tie. The most senior member of the two voting faculty members (as determined by term of service as defined by the Dean of the Faculty) shall serve as Vice-Chair and shall cast a deciding vote on any ruling required by the Co-Chairs before or during a hearing when the Co-Chairs are in disagreement. Faculty Committee mem-bers are selected by the Committee on Faculty Governance and appointed by the President. Student Committee members are ap-pointed by the Bates College Student Government’s Representa-tive Assembly, following recommendations from the BCSG’s Student Committee on Committees. Every member hears cases brought before the Committee unless a member is excused or recused. A quorum for a hearing is three voting Committee members and at least one co-chair. Ordinarily, a member must be in attendance throughout a hearing and may not join a hearing already in progress. Recusal procedures shall be in the same manner as the Student Conduct Committee. The President serves as a member of the Appeals Committee in a non-voting, ex officio capacity.

b. Appeal Committee Procedures

1. Right to appeal

a. An accused against whom a penalty has been imposed by the SCC shall have the right to appeal the decision to the Appeals Committee.
b. An accusing party shall have the right to appeal any decision to the Appeals Committee.
c. The Dean shall have the right to appeal the penalty imposed by the SCC to the Appeals Committee.

2. Appeals may be grounded only upon the Dean’s belief that the penalty is not commensurate with the violation or upon the ac-cused’s or accusing party’s belief that:

a. the SCC violated the fair application of the procedures of the disciplinary process as outlined in the Code and such violation may have had a prejudicial effect upon the outcome of the hearing;
b. new evidence was discovered after the hearing and could not readily have been discovered before the hearing and such evidence might have had an effect upon the outcome of the hearing; or
c. the penalty imposed upon the accused is grossly inappropriate.

3. Notification of Appeal

a. The appellant shall file written notice of appeal with the President within 10 calendar days from the time the appellant is told of the decision of the SCC. This letter must state clearly the specific ground(s) on which the appeal is being made.
b. All authority for further deliberation and judgment of an appeals case rests with the Appeals Committee. The Appeals Committee will decide upon the scope and procedures of its deliberations. All deliberations of the Appeals Committee shall be private and in closed session.

c. Decision of the Appeals Committee shall be rendered by a majority vote of the members.

4. Disposition of Appeal

a. Any decision of an Appeals Committee shall be based solely upon the record and, in appropriate cases, upon a showing of new evidence relevant to the grounds for appeal. All decisions shall be in writing, including a rationale. Findings of fact shall not be set aside unless clearly erroneous, and harmless errors shall be ignored.

b. The decision shall affirm the original decision of the SCC unless the Appeals Committee sustains one of the above-specified grounds for appeal, in which case the Appeals Committee can:
1. reverse a finding of violation;
2. alter a penalty; or
3. remand a case to the SCC (in the form of an ad hoc panel as described in Section II.B.4.a.1.) for a new hearing in situations where there is new evidence to consider or if there were procedural errors.

c. The decision of the Appeals Committee is the final decision of the College on the matter.

2. The Appeals Committee co-chairs, through the Dean of Students, shall notify both the accused and accusing students of the outcome of the appeal.

3. The faculty co-chair shall report to the faculty on action taken by the ad hoc Appeals Committee. Ordinarily this is done at the next faculty meeting subsequent to a decision.

E. Time

Any time period, deadline, or date prescribed by this Code may be changed or modified on request of the Dean of Students, an accused student, or, in the case of Actions Against Persons, the accusing student, by the Co-Chairs of the Student Conduct Committee. In deciding whether to honor such a request, the Co-Chairs shall consider (i) the health, safety, and education pro-gress of all involved including the College community, (ii) the complexity of the case, (iii) the likelihood that delay or hastening would markedly serve the cause of fairness. The President shall also have authority to cause a case to be heard earlier or later in exceptional circumstances.

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