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Student Conduct System

Student Conduct System
I. Jurisdiction
II.
Hearing Bodies
a. Administrative Hearing
b. College Hearing Board

c. Student Hearing Panel

III. Dean of Student Life

a. Procedures for Placing Charges
IV.
Procedures for Handeling Cases of Sexual Harassment, Sexual Assault, and/or Sexual Misconduct
V. Hearing Procedures
a. Initial Review
b.
Hearing Process
c. Formal Hearing Procedures
d. Submitting Evidence
e. Hearing Body Decision
VI. Rights of Accussed/Accuser
a.
Procedural Advisor
b. Rights of Accuser

c. Rights of Accused
VII. Notification of Final Decision
a. Student Status Pending Final Action
b. Carryover Cases
VIII. Appeals Process
a. Requesting an Appeal
b. Grounds for Appeal
c. Procedures for Granting an Appeal
XI. Action

STUDENT CONDUCT SYSTEM
Accountability for decisions made is an important part of student development. The Division of Student Affairs is responsible for enforcement of community standards. Possible sources of resolution for alleged violations of community standards include an Administrative Hearing, going before a Student Hearing Panel composed of students and a staff advisor, or a College Hearing Board where administrative hearing officers are appointed by the Dean of Student Life to hear a case. The institution looks at the Student Conduct process as an opportunity for personal growth and development.

Disciplinary actions and conduct proceedings at Hartwick are administrative and educational in nature, rather than criminal/punitive. College disciplinary action for violation of its regulations differs in nature, purpose, and procedure from civil or criminal proceedings. The goal of a College proceeding is to arrive at a fair and impartial decision that ensures the rights, freedoms, and safety of all members of the Hartwick community while protecting the special educational interests of the institution. It is the philosophy of the College that violations should be handled in a manner that informs and guides students toward the development of personal responsibility and towards mature, moral, and ethical standards. For a College hearing body to achieve this purpose, it is necessary to handle each case individually, with consideration for the unique details of each case as well as the severity of the alleged violations.

When a student is charged with a violation of College policies, procedures, rules or regulations, or other inappropriate conduct, student conduct proceedings will result. A student charged with a violation of federal, state or local laws, whether the violation occurred on or off campus, may be subject to proceedings within the College system, the appropriate civil or criminal judicial system, or both. A student convicted of a serious violation of federal, state or local laws may be subject to suspension by the College. Separate proceedings by the College and criminal/civil systems do not constitute "double jeopardy." The refusal of either the campus or civil system to proceed with a case does not preclude the other from doing so. College inaction because of a lack of jurisdiction over an offense in no way implies College condonation of the offense or of any violation of law.

Failure to comply with policies, procedures, rules and regulations outlined in the text of the Hartwick College Student Handbook, Hartwick College Catalog or any other official policy or procedure of the College may result in disciplinary action.

Any student receiving a notice of a hearing is strongly encouraged to participate in the process as this is their opportunity to allow their voice to be heard as it relates to the allegations. Students also have the right to contact the Student Conduct Office to request a Procedural Advocate. Advocates will be available to respond to questions, review the student conduct procedures, and provide advice on the student conduct process. This request can be made by calling 607-431-4501.

JURISDICTION
General College Community
The Dean of Student Life is authorized by the president of the College to enforce College policies, procedures, rules and regulations in non-instructional areas in regard to Hartwick students. The enforcement of academic policies, procedures, rules and regulations (including cases of cheating and plagiarism) is delegated by the president to the vice president for academic affairs and dean of the faculty. Alleged violations of the rules of conduct by any faculty member are referred to an appropriate faculty committee or to the vice president for academic affairs and dean of the faculty, while alleged violations by administrators or other College employees are reviewed by the president or his/her designee.

Students
The College jurisdiction is generally confined to the conduct of enrolled students whose actions are alleged to be damaging to the College's special interest as an educational community. Actions on and off campus that violate College policy or civil or criminal law are considered to be detrimental to the educational goals, purposes and environment of the College, regardless of any jurisdiction that civil or criminal agencies may have. Any person, including visitors, licensees, invitees or trespassers who violate any of Hartwick's rules of conduct and/or behave in a manner adversely affecting public order are subject to arrest and prosecution by law and may be ejected from College property by the president or his/her designee.

Off-Campus Conduct
Hartwick College is a member of the larger Oneonta community. Off-campus rights and freedoms of students involve the responsibility to display conduct and behavior that reflect favorably on them, the College and the community. Any violation of local, state and/or federal law also may be subject to College disciplinary action regardless of whether occurring on or off campus. Entry of the arrest of a student into a police blotter is considered sufficient documentation to institute student misconduct charges, as are reports of student misconduct by the student affairs staff of other colleges and universities. First-time minor offenses may result in a letter of censure rather than referral to the College Student Conduct system.

Students away in College-sanctioned activities must follow the same policies of conduct and possible disciplinary action as if on campus.

HEARING BODIES
The student conduct system consists of three primary adjudicating bodies: Administrative Hearing Officer, Student Hearing Panel, and College Hearing Board, and are assigned to hear cases of alleged student policy violation by the Dean of Student Life. The jurisdiction of any hearing body is in areas of alleged student violations of College policies, procedures, rules and regulations as defined under the Student Code of Conduct and Campus Policies.

All of these bodies share comparable responsibilities. First, each hears cases of alleged student violations of College policies, procedures, rules and regulations. The allegations may be against a student or a group of students based upon conduct occurring on or off campus. Second, each body is empowered to decide responsibility based on the facts presented in each case utilizing a perponderance of evidence as the standard of proof. Third, each body establishes sanctions in cases of findings of responsibility. Each of these hearing bodies is advised by professional staff, faculty, and/or College counsel. The Advisor to each Hearing Body is the Dean of Student Life and/or his/her designee. Advisors are non-voting members of the board to which they are appointed and serve as the procedural resource on questions relating to policy, procedure, legal requirements and implications for student development. The Dean of Student Life has authority to act in review on all conduct related decisions rendered by any hearing body.

Hartwick College does not prosecute cases in an effort to create a structure that is not adversarial. The Student Conduct system does not use a jury, prosecutor and/or defense lawyer. Among other things, this means that students subject to disciplinary proceedings have no right to legal counsel as representation, to question or confront witnesses, or to compel the appearance of persons or the production of information in connection with such proceedings. Subject to the specific procedures set forth below, the foregoing adjudicatory bodies have the power and authority (in consultation with the Dean of Student Life) to adopt reasonable rules of procedure governing their respective consideration of a disciplinary case.

Administrative Hearing
An Administrative Hearing Officer is generally used during the Initial Review process and for an Administrative Hearing. These cases generally are assigned based on current housing assignment or location of the incident in question. Administrative Hearing Officers receive extensive training on the facilitiation of both the initial review process and the administrative hearing process. Those who serve as Administrative Hearing Officers, are professional staff members who work within the college and have recived specialized training.

A student may petition the Dean of Student Life to have his/her case heard by a different administrative hearing officer; such a decision is solely at the discretion of the Dean. All of our hearing officers are trained staff and administrators who hear cases of alleged infractions of the College's General Rules of Conduct. Hearing officers follow the rules of procedure outlined to the extent applicable. The Dean of Student Life reserves the right to assign cases to any level of hearing officer.

College Hearing Board
Cases that involve students of the Hartwick College community where the sanction may lead to suspension or expulsion from the college, or where the Dean of Student Life deems appropriate due to the sensitivity of the case, will generally be adjudicated by a College Hearing Board. This board will consist of no less than three members who are selected and provided with specific training. These hearing officers shall consist of individuals drawn from College faculty and staff. An attempt will be made to maintain gender-balanced representation.

Training of all College Hearing Board members will be the responsibility of the Student Conduct Office. The Dean of Student Life and all hearing officers will come to agreement as to his/her readiness to hear a case. Every reasonable effort will be made to select members who are not closely associated with the student. One member of the board will be appointed to serve as the chairperson for the case by the Dean of Student Life.

In cases of alleged sexual harassment, sexual misconduct or assault that involve members of the Hartwick College community, reasonable efforts will be made to select members who are not closely associated with the either the accuser or the alleged offender. One member of the board will be appointed as chairperson for the case by the Dean of Student Life.

Student Hearing Panel

The Student Hearing Panel is composed of eight student panelists, including a chairperson. While board members are normally appointed for a one-year term, they may serve for more than one term upon reapplication and final approval by the Dean of Student Life. The students on the Student Hearing Panel must be full-time, enrolled students. Those seeking to be part of the Student Hearing Panel must submit an application that is reviewed by the Dean of Student Life, or his/her designee. An Advisor is appointed by the Dean, to serve in a non-voting advisory capacity to this body. The Chairperson is appointed by the Dean of Student Life or his/her designee. Student Hearing Panel receives specialized training each academic year. Four panel members, including the Chairperson, and one advisor must be present for the Student Hearing Panel to proceed with a hearing.

DEAN OF STUDENT LIFE
The Dean of Student Life is responsible for ensuring the fair and equitable treatment of both the accuser and the accused. This is done by determining the appropriate campus hearing body to exercise jurisdiction over alleged violations. The office of student conduct will normally handle cases in which an individual has had a significant record of violations of College policies and will also have jurisdiction over alleged violations considered threatening to the welfare, safety and security of the campus community or the individual. In an effort to provide a prompt student conduct response to alleged violations, the Dean of Student Life or his/her designee may divide the hearing of cases between the student conduct bodies.

The Dean of Student Life, or his/her designee, will be present during a College Hearing Board or Student Hearing Panel to serve as a process and/or procedural advisor. Both the Dean of Student Life and his/her designee and the advisor are there to maintain the integrity of the process and do not serve as a voting member of any hearing body. In most cases, the Dean of Student Life will not have a speaking role during the hearing process unless: a process or procedure has not been followed that will impede on the integrity of the hearing, the accuser/accused seeks an answer that can only be provided by the Dean of Student Life in his/her official capacity, or if called upon by the Chairperson.

If the Dean of Student Life or his/her designee determines that there is sufficient basis for bringing a charge against the student, it is the Dean's responsibility to refer the charge to the appropriate hearing body having jurisdiction over the matter. The Dean will consult with the chairperson of the appropriate body to set a date for the hearing session. In addition, the Dean or his/her designee will contact all other hearing officers, the accuser/accused, witnesses, any other representatives deemed appropriate for the hearing body to consider regarding the date, place, and time of the hering.

Please note that, during the months of June, July, and August, and during exam periods, hearing bodies may be non-functioning or officially adjourned. During these times, the Dean of Student Life and/or his/her designee fulfills the official capacity for the adjudication of cases. At the Dean's discretion, cases may be assigned to College hearing officers for disposition, and appeals for those cases may be heard by the Dean or his/her designee.

Procedures for Placing Charges
All complaints regarding violations of College policies, procedures, rules or regulations should be submitted to the Director of Campus Safety or the Dean of Student Life for investigation. Ultimately, the Director for Campus Safety or his/her designee is responsible for receiving and investigating all complaints, incidents, and alleged violations of College policies, procedures, rules and regulations dealing with student conduct. Any student, faculty member or administrator can file a complaint against any other member of the College community.

PROCEDURES FOR HANDLING CASES OF SEXUAL HARASSMENT, SEXUAL ASSAULT AND SEXUAL MISCONDUCT
Persons who believe they have been sexually assaulted or harassed may choose to pursue any or all of the following options:

  • Make use of campus and community resources
  • Report the incident
  • File a formal complaint

Please review the section of the student handbook which addresses the support available for victims of sexual harassment, sexual misconduct or rape/sodomy.

HEARING PROCEDURES
Initial Review
Prior to most student conduct hearings, students will be given the opportunity to meet with an Administrative Hearing Officer for their Initial Review. The Administrative Hearing Officer will explain the charges, and the student will be provided with the following options:

  1. Acknowledge responsibility and request an administrative recommendation of sanction.
  2. Plead "not responsibile" and be referred to a College Hearing Body for their case to be heard.

If the student chooses to accept responsibility during an Initial Review , the student accepts the administrative recommendation of sanction provided to them, and waives their right to an appeal.

If the student chooses to plead "not responsible" they may be afforded the right to have an Administrative Hearing. The Administrative Hearing is offered based on the severity of the case and possible sanctions to be considered, and it may be scheduled for a future date or held immediately. Should the student choose to have the Administrative Hearing immediately, they will be required to sign a Three (3) Day Notification Waiver.

If the student chooses not to show up for the scheduled Initial Review, the Administrative Hearing Officer may hold the hearing and make a decision based on the evidence in the file relating to the case in the students absence. When a decision is rendered in the students absence, the student waives their right to an appeal.

Hearing Process
A hearing will generally be scheduled not sooner than three (3) class days following the initial review, unless a student chooses to have an Administrative Hearing and waives their right to three (3) day notification. Subsiquently, the College may also waive a students right to three (3) day notification if the College feels that the safety and/or welfare of one or more student(s) is at risk. In that case, a hearing may be scheduled sooner.

Other than the accuser/accused and the advisor, only those people who have information for the Hearing Board relating to the case, and are requested to appear by the Dean of Student Life, will be allowed in the hearing room. All judgments in this regard will be made by the Dean of Student Life. It should also be noted that students may not electronically record the proceedings.

Formal Hearing Procedures

  1. The chairperson calls the board to order.
  2. The chairperson introduces him/herself and the rest of the board members introduce themselves.
  3. The chairperson asks the accused if he/she challenges any member of the board. If a challenge is made, the chairperson will hear the reason(s) for the challenge. The accused is excused from the room for deliberation. The chairperson is responsible for rendering an immediate decision in support of or against the challenge, unless the challenged member is the chairperson. In such a case, a majority vote of the board members present (excluding the chairperson) is needed to support the challenge.
  4. The chairperson asks the board if anyone is not going to sit the case for any reason. If any board member elects to not sit the case (including the chairperson) that member leaves the room.
  5. The hearing procedure is explained to the accused.
  6. The chairperson reads the charges and asks the accused if he/she is responsible or not responsible as charged.
  7. The chairperson will present or have presented the record supporting the charges against the student that may include, but is not limited to, investigation reports, witnesses, and/or written statements.
  8. The accused will present evidence he/she wants the board to consider in his/her support, which may include, but is not limited to, investigation reports, witnesses, and/or written statements. The board may establish reasonable limits on the volume and nature of evidence to be presented. If evidence was not presented 24-hours in advance as outlined in Submitting New Evidence, the Dean of Student Life or his/her designee, will review to verify relevance to this case before evidence is presented to the chair person.
  9. Hearing Board members may direct questions to the accuser/accused or any witnesses only for matters of clarification regarding evidence presented to the board that will impact their ability to make a decision regarding responsiblity relating to the charges on record.
  10. The accuser/accused and the chairperson may present final summations regarding the charges and evidence presented. In order to reach a finding of responsible, the board, based on the information and evidence provided, must determine that it is more likely than not that the accused violated policy.
  11. If the accused is found not responsible for the charge, the case is dismissed. If the Hearing Body has reason, based on evidence, not to accept the responsible plea of the accused, the charge against the accused can be dismissed.
  12. If the Hearing Body accepts the responsible plea of the accused, if the accused is found responsible, or if the accused is found responsible of a lesser charge, records of prior formal or informal sanctions, if any, are presented by the Dean of Student Life. Appropriate disciplinary sanctions are discussed and assigned.
  13. In most cases the student will be informed in writing within five (5) class days of the hearing. All recommendations are subject to review by the Dean of Student Life.
  14. All are dismissed.

Submitting Evidence
If the accuser/accussed has evidence that they would like to present to be reviewed by the Hearing Body, this should be done based on the following procedure:

  • New evidence not within the original file, should be submitted as soon as the accuser/accused has determined that said evidence is not located within the case file.
  • Evidence to be considered by the hearing body should be sumitted 24-hours prior to a hearing.
  • New evidence should be presented to the Dean of Student Life or his/her designee.
  • The Dean of Student Life will confirm relevance to the official charges and then forward to all hearing body members for review prior to the scheduled hearing.
  • If the Dean of Student Life determines that the evidence presented is not relevant, this information will be delivered to the accuser/accussed by the Dean prior to the hearing.

Hearing Body Decision
It is the responsibility of the chairperson to prepare and deliver a copy of the written hearing decision and rationale to the Dean of Student Life within five (5) class days of the hearing. All aspects of the deliberation are retained in the confidence of the designated hearing body and Student Conduct office. The decision is delivered to the accused subsequent to review and approval by the Dean of Student Life.

RIGHTS OF THE ACCUSED/ACCUSER
Procedural Advisor
Both the accuser and the accused have the right of a procedural advisor of not more than one person to be chosen from the Hartwick College community to help prepare information to present at the hearing. This advisor may be present at the hearing, but only to answer questions that the accuser or accused might have during the course of the proceedings regarding process and procedure. The advisor may not speak at the hearing unless specifically requested to do so by the chairperson of the hearing board.

Rights of the Accuser
The accuser's rights include, but are not necessarily limited to, the following:

1.The right to remain silent. If the accuser decides to exercise this right, the process will continue and a decision will then be made based on the remaining evidence.

2. The right to confer with a procedural advisor of not more than one person to be chosen by the accuser from the Hartwick College campus community (student, faculty or staff member) to help prepare information to present at the hearing, and better understand the process. This procedural advisor may be present at the hearing, but only to answer questions that the accuser may have during the course of the proceedings. The procedural advisor may not speak during the hearing unless specifically requested to do so by the chairperson of the College Hearing Board. The procedural advisor may not be called as a witness.

3. The right to make his/her statement without being in the presence of the accused in the hearing.

4. The right to make an “Impact Statement", which is an oral or written statement that describes the effect that the incident has had on them as an individual both emotionally and/or physically.

5. The right to be informed of the following in writing, the official charges being filed by the college, and the time and place of the alleged offense.

6. The right not to have his/her past sexual history with any person(s) other than the accused discussed during the hearing.

7. The right to call witnesses (*other than character witnesses) to testify at the hearing. However, the College Hearing Board may establish a reasonable limit to the number of witnesses to be heard from.

8. The right to review a copy of the written statement from the accused. Such statement must be submitted to the appropriate college official at least 24-hours prior to the scheduled hearing.

9. The right to read the written statement(s) of witnesses submitted as part of the hearing documentation to be considered.

10. The right to have witnesses (other than character witnesses) submit written statements to the appropriate college official at least 24-hours prior to the scheduled hearing.

11. The right to withdraw a complaint at any time prior to the imposition of sanctions. (The College reserves the right under federal obligation, to proceed if it is believed that a Title IX infraction has occurred.)

12. The right to appeal.

Rights of the Accused
The accused's rights include, but are not necessarily limited to, the following:

1. The right to remain silent. If the accused decides to exercise this right, the process will continue and a decision will then be made based on the remaining evidence.

2. The right to confer with a procedural advisor of not more than one person to be chosen by the accused from the Hartwick College campus community (student, faculty or staff member) to help prepare information to present at the hearing, and better understand the process.. The procedural advisor may be present at the hearing, but only to answer questions that the accused might have during the course of the proceedings. The procedural advisor may not speak at the hearing unless specifically requested to do so by the chairperson to the College Hearing Board. The procedural advisor may not be called as a witness on behalf of the accused.

3. The right to make his/her statement without being in the presence of the accuser in the hearing.

4. The right to make an " Impact Statement", which is an oral or written statement that describes the effect that the incident has had on them as an individual both emotionally and/or physically.

5. The right to be informed of the following in writing, the official charges being filed by the college, and the time and place of the alleged offense.

6. The right not to have his/her past sexual history with any person(s) other than the accuser discussed during the hearing.

7. The right to call witnesses (other than character witnesses) to testify at the hearing. However, the College Hearing Board may establish a reasonable limit to the number of witnesses to be heard from.

8. The right to review a copy of the original written statement from the accuser. Such statement must be submitted to the appropriate college official at least 24-hours prior to the scheduled hearing.

9. The right to read the written statement(s) of witnesses submitted as part of the hearing documentation to be considered.

10. The right to have witnesses (other than character witnesses) submit written statements to the appropriate college official at least 24-hours prior to the scheduled hearing.

11. The right to appeal.

NOTIFICATION OF FINAL DECISION
The Dean of Student Life or his/her designee sends written notification of student violations, sanctions, and recommendations to appropriate College officials who might provide counseling or assistance to the student, and to other College officials having legitimate educational interests. In cases of residence hall probation, disciplinary probation, removal from College housing, suspension or expulsion, a letter is sent to the parents or guardians of the student. The College will notify parents of violations of alcohol and/or drug policies by students under age 21, and when certain levels with in the sanctioning system are met by those older than 21 years of age. Notification of suspension or expulsion is filed with the Registrar's Office. In cases of suspension, the student's transcript indicates withdrawal and the date when the action became effective. In cases of expulsion, the student's transcript will indicate this sanction.

Hartwick College will, upon written request, disclose to the alleged victim of any crime of violence (defined as (a). an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (b). any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.) , or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by Hartwick College against a student who is the alleged perpetrator of such crime or offense with respect to such crime or offense. If the alleged victim of such crime or offense is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for the purposes of this paragraph.

Student Status Pending Final Action
Pending action on the charges, status of a student should not be altered, or his/her right to be present on the campus and to attend classes suspended, except for reasons outlined under Student Disciplinary Santions below, Suspension Pending Hearing.

Carryover Cases
In the event that a hearing cannot be held at the end of the academic year, the case may be carried over to the following academic term if the student is not graduating. End-of-year violations by graduating seniors must have a hearing and decision prior to the student being able to officially graduate. The College will make reasonable efforts, but is not obligated, to schedule and conduct a hearing for graduating seniors prior to commencement ceremonies.

APPEALS PROCESS
Requesting an Appeal
Students may appeal the decision of a hearing body or administrative hearing officer. A Notice of Desire to Appeal Form must be submitted to the Student Conduct Office within five (5) class days of the notification of the decision, based on the date of their letter.

An appeal may be requested by any member of the College community declared responsible by a hearing officer or body. A request for an appeal hearing may also be made on behalf of the College by the College official with whom the original charges were filed. The appeal should be directed to the Student Conduct Office, Dewar 418.

Appeals based on a decision regarding an alleged violation of sexual assault, harassment or sexual misconduct (described under Sexual Harassment, Sexual Misconduct and Rape/Sodomy policy) or a case heard by the Dean of Student Life, should first be directed to the vice president for student affairs who will determine the appropriate appealate body.

In either case, a written request must be filed within five (5) class days of the notification date indicated on the original Student Conduct Decision Form. If a request for an appeal is not filed within five (5) class days, the original decision is final and no appeal is available. Under extraordinary circumstances, the Dean of Student Life may grant a request for appeal after the deadline.

Sanctions remain in effect until the appeal process is completed, unless temporarily placed on hold by the Dean of Student Life. If a student wishes to request that the originally assigned sanctions be placed on hold, they should email studentconduct@hartwick.edu for their request to be considered.

Grounds for Appeal
There are only three possible grounds for an appeal:

  1. Procedural errors, shown to have had a material and detrimental impact on the outcome of the conduct hearing.
  2. New evidence that was not reasonably available at the time of the original hearing, the absence of which can be shown to have had a material and detrimental impact on the outcome.
  3. Grossly inappropriate sanctions, having no reasonable relationship to the charges. Appeal on this ground can only be made when the sanction is a fine in excess of $50, residence hall probation, disciplinary probation, removal from College housing, suspension, or expulsion, or upon recommendation by the Dean of Student Life or Vice President for Student Affairs.

If a student feels he/she is not responsible for the charges, he/she must be able to cite either a procedural error(s) and/or bring new evidence to bear upon the case in order for the appeal request to be considered.

Procedures for Granting an Appeal
The Dean of Student Life must review all written appeal requests and make a decision as to whether or not sufficient cause has been given for an appeal hearing to be granted. A recommendation of accepted or denied will be determined.

  • If the request is denied, after review by the Dean of Student Life, the Student Conduct Office will notify the student who submitted the appeal and specify why the appeal hearing was denied.
  • If an appeal is granted, the Dean of Student Life has the ability to
    1. Serve as the Administrative Hearing Officer and render a decision on the appeal submitted.
    2. Assemble a College Hearing Board to hear the appeal.
      • If a College Hearing Board is assembled, this will generally be scheduled within ten (10) class days following the acceptance of the appeal request.
  • In a situation deemed an emergency by the Dean of Student Life in which a sanction of suspension or expulsion is pending, the entire appeal process, including the hearing, will generally be conducted by an Administrative Hearing Officer.

Action
The action available depends upon the grounds upon which the appeal was granted.

In cases of procedural error, if no mistake has been found, the original decision and sanction must be upheld. If a mistake is found, the hearing body may dismiss the original charge, modify the sanction, or order a new hearing by the hearing body or officer having original jurisdiction over the case.

In cases where new evidence is introduced, if the evidence has no direct bearing upon the responsibility of the person appealing (or if the person fails to produce any new evidence), the hearing body must uphold the original decision and sanction. If the evidence presented has a direct bearing on the responsibility of the person appealing, the hearing body shall remand the case back to the original hearing body for reconsideration.

In cases in which the disciplinary sanction is believed to be inappropriate for responsibility in the specific case and circumstances, the board may modify or uphold the original sanction. In such a case, there may be no contest as to the responsibility of the person appealing.

All recommendations are subject to review by the Dean of Student Life.