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| Conduct Review Board and
Review Procedures |
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Accused student(s)
and accusing party(ies) have the right to ask the Conduct Review
Board to review the decision of either Conduct Board. Such
a request shall be submitted in writing to the chair of the
Conduct Review
Board within five class days of the date of the written decision. The
filing of a request for review will stay the enforcement of
previous decisions except in the most unusual circumstances.
- The Conduct Review Board
will consist of three members of the faculty recommended by
the Faculty Senate and appointed by the president and three members
of the student body recommended by the Association of Student
Representatives and appointed by the president. The senior member
of the faculty (in point of rank and continuous service at Trinity)
will be chair
of the Review Board. The Association of Student Representatives
will designate alternate student members, and alternate faculty
members will be chosen from faculty members who have served
previously (ranked in priority, beginning with the most recent
service on
the board).
- a. In any case where there is a suspension
or expulsion, there will be a review by the president after all
appeals
have been exhausted.
b. Save for the extraordinary authority of the Board of
Trustees, the judgment of the Conduct Review Board is final
on all questions
of substance and procedure and its decisions binding on all
individuals, officers, and agencies of the University. The
dispositive authority of the Conduct Review Board shall not
prejudice the executive powers of the president of the University
including
executive privilege of granting pardon or clemency.
- The
rendering of a final decision will require a simple majority
of the membership of the
Conduct
Review Board. Tied votes will have the effect of sustaining
the decision under review.
- The
Conduct Review Board will make its decision based only
upon documents from,
or related to, the hearing (such documents include, but are
not limited to, the written decision of the original Board,
written statements
by parties involved in the hearing, and incident reports). The
Conduct Review Board may ask the presiding chair to be
present during a review.
- The reasons accused or accusing
party(ies) may request a review are:
a. Clearly erroneous findings of fact.
b. Significant procedural irregularities that
denied the student a fair hearing.
c. Substantial new information not available at
the time of the original hearing.
d. The information presented at the hearing was
clearly insufficient to support the finding.
e. The sanction is unreasonably harsh or lenient.
- The Conduct Review
Board will determine one of the following:
a. The previous decision
stands.
b. The case is dismissed
due to significant irregularities.
c. The case is remanded
to the University Conduct Board for rehearing. If the University
Conduct Board heard the case originally, alternate faculty and
students will conduct the rehearing.
d. The sanction is adjusted.
e. In all cases of reversal
or remand the presiding chair will provide a written report of
the reasons for such decision.
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