STUDENT DUE PROCESS/APPEALS	No. 6-30	Rev.
		Date 6-6-91

OLD VERSION

REFERENCE

PPM 9-20, Security at Weber State University Hearings

POLICY

A. A decision reached or a sanction imposed by a hearing committee may be appealed by respondents or complainants to the due process officer within ten working days following receipt of the decision. Notice of appeal shall be in writing and shall be delivered to the due process officer.

B. Except as may be required to clarify the issues and/or to explain the significance of new evidence, an appeal shall be limited to review of the verbatim record of the original hearing and supporting documents for one of more of the following purposes:

1. To determine whether the original hearing was conducted fairly in light of the charge and evidence presented, and in conformity with prescribed procedures giving the complainant a reasonable opportunity to prepare and present evidence that university rules or regulations were violated, and giving the respondent a reasonable opportunity to prepare and to present a rebuttal of those allegations;

2. To determine whether the decision reached was based on substantial evidence, that is, whether the facts in the case were sufficient to establish that a violation of the Student Code occurred;

3. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the respondent was found to have committed;

4. To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.

C. If an appeal is taken under this section, the burden of persuasion rests with the appellant to show that the decision from which the appeal was taken violated due process in a prejudicial manner.

D. Following consideration of the appeal, the due process officer may take the following actions:

1. Affirm the decision of the committee;

2. Direct the hearing committee to reopen the hearing for a particular purpose in order to safeguard due process;

3. Remand the case for a new hearing after consultation with the university legal counsel in order to safeguard due process.

E. The due process officer's opinion shall be in writing and served on the parties and the chair of the hearing committee as provided herein.

F. There shall be no appeal from the due process review, except by recourse to the civil courts.