In a limited number of cases -- those allowed by Section 6-5 of the Student Judicial Code -- an alleged offender may appeal the final decision of the Judicial Appeals Board to the Assistant Vice President for Student Services. The Assistant Vice President will conduct an administrative review of any appeal filed pursuant to the Code and through the procedures set forth below. These procedures have been designed to assist the student in the filing of such an appeal.
Procedure
Decisions of the Judicial Appeals Board are final except in the cases of suspension or expulsion from the university. In those instances only, the student may have a final appeal for an administrative review to the Office of the Vice President for Student Affairs & Enrollment Management, providing the stipulations listed in Section II below have been met.
A request for administrative review must be in writing to the Office of the Vice President for Student Affairs & Enrollment Management, Altgeld 208, and must be received within FOUR (4) CLASS DAYS following the oral or written notification to the student of the decision of the Judicial Appeals Board. (Where the decision is to suspend or expel the student, the notification will include a copy of these procedures.) If the student does not file a request for an administrative review prior to the deadline, the sanction shall automatically take effect and further right of appeal shall be forfeited.
The request for administrative review shall state and explain the student's reason for appeal (e.g. the sanction was too severe for the offense, the judicial decision was made in an arbitrary or capricious manner, the finding of fault was not substantiated by the evidence, the alleged offender's due process rights as defined in the Student Code were violated, etc.). After reviewing the case materials, the Assistant Vice President shall determine if the matter will be resolved in light of only the case materials or, at his/her discretion, may request additional information and/or a meeting with the appellant or other parties. The Assistant Vice President shall normally complete the process within 15 class days following receipt of the student's request.
Administrative Reviews will normally be conducted on the date established by the Office of the Vice President for Student Affairs & Enrollment Management. If very extenuating circumstances exist, a continuance not to exceed 14 calendar days may be granted by the Office of the Vice President for Student Affairs & Enrollment Management at the request of the appellant. In instances where the appellant does not appear at a scheduled review or a longer delay (i.e. beyond 14 days) is requested and granted, the sanctions imposed by the Judicial Appeals Board may be imposed temporarily at the discretion of the Assistant Vice President.
If the Assistant Vice President decides to conduct an additional review (beyond a review of the case materials), the purpose of that review is to give the appellant the opportunity to present to the Assistant Vice President the grounds and rationale for having the decision and/or sanction imposed by the Judicial Appeals Board modified. The appellant may be accompanied to the meeting, which is to be closed, by an advocate who is not a lawyer or by a legal counsel (in the latter case the Office of the Vice President for Student Affairs & Enrollment Management must be notified of such at least 48 hours in advance of the meeting date). The appellant will be given the opportunity to explain, justify and document his/her grounds for appeal. The Associate/ Assistant Provost will then ask questions relative to the appeal. The appellant may wish to make a closing statement. The role of the appellant's advocate or attorney is to be confined to observing the meeting and being available for consultation with the appellant.
The Assistant Vice President will normally render his/her decision within ten (10) class days following the hearing or a review of the case materials. The decision will be to sustain, lessen or remove (but not increase) the sanctions and is not further appealable. The decision will be based on information from the administrative review and other materials germane to the case (including, but without limitation, the student's judicial file, any hearing recordings/ transcripts, etc.).