Article VII: Appeals

Article VII: Appeals 

A. Filing Procedure 

1. A decision reached or sanction imposed by a judicial body panel may be appealed by the respondent. 
2. Written notice of appeal and reasons for the appeal shall be provided within ten school days of the hearing panel’s decision to the Judicial Council Chairs, the Vice President of Student Affairs and Dean of Students. The written reasons for the appeal shall be based on the grounds codified in Article VIII, Section B. 
3. A written notice of appeal shall be evaluated by the Associate Dean of Students and Dean of Campus Life and an Appeals Chair designated by the Judicial Council Head Chair. The Judicial Council Head Chair may choose a Chair who was recused from the original hearing to serve as an Appeals Chair. If either the Appeals Chair or the Associate Dean of Students and Dean of Campus Life asserts that the appeal is based on the codified grounds for appeal, then the Appeals Chair shall convene an Appeals Hearing. If both the Appeals Chair and the Associate Dean of Students and Dean of Campus Life assert that the appeal is not based on the codified grounds for appeal listed in Article VIII, Section B, Subsection 1, then the appeal shall be dismissed and no Appeals Hearing shall be convened, except as specified in #4. 
4. Should a student sanctioned with suspension or expulsion timely file an appeal, the Appeals Chair must immediately convene an Appeals Board. 
5. Once an Appeals Hearing is granted, the Presiding Chair of the original hearing shall write a response within ten school days to be presented to the Judicial Council Chair, the Vice President of Student Affairs and Dean of Students, and the respondent. 
6. The Appeals Chair shall establish a time and place for a hearing and notify the hearing panel, the Vice President and Dean of Students, and the respondent. 

B. Grounds 

The decisions made by a judicial body hearing panel are generally final. Appeal of the decision may only be made on any one of three grounds:

1. Improper Judicial Procedure. The respondent may appeal if the procedures outlined in the Student Code are violated. The Appeals Board shall consider:
   • Whether provisions of the Student Code were violated in such a clear manner as to deny the respondent consideration of their position during the hearing. 
   • Whether the hearing panel, through negligence or lack of impartiality, overlooked or flagrantly ignored information which would have led to a different finding concerning the alleged violation of the Student Code. 
2. New Evidence. Normally, sufficient time is allowed to gather all available evidence. However, in extraordinary cases the respondent may appeal if new evidence becomes available. The Appeals Board must find both that: 
   • The evidence was genuinely unavailable and could not have been made available through the appellant’s diligent efforts at the time of the original hearing and 
   • The evidence would have led to a different conclusion had it been available. 
3. Inappropriate Sanctions. The Appeals Board shall consider whether the sanctions imposed were disproportionate to the gravity of the violation(s) for which the respondent was found responsible. 

In extraordinary circumstances and in consultation with the Vice President of Student Affairs and Dean of Students, the Judicial Council Head Chair may request an Appeals Panel review a case on the grounds of fairness or precedent. 

C. Convening Appeals Board Hearings and Hearing Procedures 

1. A Chair who was recused from the original hearing shall serve as the Presiding Chair of the Appeals Hearing. They shall select four Panelists from the Pomona College Judicial Council to comprise the Appeals Panel. The Presiding Chair of the original hearing shall attend the Appeals Hearing to provide information about decisions reached in the original Full or Penalty Hearing. 
2. The Presiding Chair of the Appeals Hearing shall remind the Panelists that they must not share any information presented during the hearing. Any Panelist who discusses the case prior to the hearing shall be immediately disqualified. 
3. Arguments presented before the Appeals Board shall be restricted to an elaboration of points in the written reasons for appeal and response. 
4. The respondent and the respondent’s advisor may attend the Appeals Hearing. The respondent and the Presiding Chair of the original hearing each have the right to speak in elaboration of points in the written reasons for appeal and response. A representative of the College may also attend and participate. 
5. When the respondent in a hearing is an organization, the organization may be represented by no more than four organization members. 
6. When discussion of the written reasons for appeal and response is concluded, the parties to the case and advisors shall withdraw and the Appeals Board shall begin deliberation. The representative of the college shall remain to advise on process only if requested to do so by the Appeals Chair or a majority of the hearing panel. A staff member from Student Affairs shall be present throughout the proceeding. 
7. An Appeals Board panel must reach unanimous agreement in order to grant an appeal. If an appeal is granted on the grounds of improper judicial procedure, new evidence, fairness, or precedent, the Appeals Board shall order the creation of a new hearing panel. It may provide specific directions or guidance for the new hearing panel. If an appeal is granted on the ground of inappropriate sanctions, the Appeals Board shall modify the sanctions imposed. 
8. The Presiding Chair of the Appeals Hearing shall inform the appellant and Office of Student Affairs of the results of the hearing. The Appeals Chair shall file a written opinion which explains the reasons for the decision with the Vice President and Dean of Students. The Office of Student Affairs shall issue an official letter of notification to the appellant. 

After reconsiderations as directed by the Appeals Board, a decision of the Judicial Council shall be final unless the President of the College makes a finding that extraordinary circumstances exist or unless the penalty imposed is suspension or expulsion. In cases where the penalty is suspension or expulsion from the College, the sanctions imposed shall not be in effect until the appeal process is complete. If the safety of individuals, the protection of property or the continuity of the education process is or could be affected by the presence on campus of the suspended or expelled student, the President may require the respondent to leave campus pending the hearing of the appeal. 

D. In Cases of Suspension or Expulsion 

In cases when the respondent has been suspended or expelled from the College by action of the Judicial Council or the Student Affairs Committee, the respondent may request that the President of the College review the case following review by the Appeals Board. 

The respondent, the Presiding Chairs of the original and appeals hearings, and the Vice President of Student Affairs and Dean of Students shall present written comments about the case to the President. The President may request more information, until they believe all issues have been fully presented. 

After reviewing the material available, the President may take one of the following actions: uphold the decisions of the Judicial Council, request further hearing or deliberation by the original hearing panel, or request that a new panel hear the case. In either of these last two instances, the President may direct the hearing panel to consider new evidence or consider evidence in a new light. The President may also overturn the decision of the Judicial Council and impose a new penalty.