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6.4.7

The Conduct Proceedings Officer is responsible for notifying members of the Graduate StudiesAppeals Board of the appeal and for setting a time and place for holding a meeting of the Graduate StudiesAppeals Board. The Conduct Proceedings Officer will provide notice of time and place of the meeting of the Graduate Studies Appeals Board to the student(s) charged, the charging party, and other University persons deemed appropriate by the Conduct Proceedings Officer.

6.4.8

The Conduct Proceedings Officer will assemble the documentary evidence introduced at the hearing, the record made of the hearing, and the file made in connection with the matter and will make these materials available to the Graduate Studies Appeals Board.

6.4.9

The Graduate Studies Appeals Board may establish its own procedure for conducting any appeal appropriate to the circumstances designed to achieve fairness to the student charged as well as the interests protected by the Central Michigan University Code of Student Rights, Responsibilities and Disciplinary Procedures.

6.4.10

The Graduate Studies Appeals Board makes its determination based solely on the record of the student's hearing, facts that are presented to the Graduate Studies Appeals Board, and arguments before the Graduate Studies Appeals Board.

6.4.11

The purpose of the Graduate Studies Appeals Board is to decide if the findings and/or the sanction of the Graduate Studies Hearing Body were so incorrect that the decision should be changed. It is not the purpose of the Graduate StudiesAppeals Board to substitute its judgement for that of the Graduate Studies Hearing Officer or Graduate Studies Hearing Body.

It is not the purpose of the Graduate StudiesAppeals Board to decide if it would have reached the same decision had it been the Graduate Studies Hearing Officer or Graduate Studies Hearing Body. It is not the function of the Graduate Studies Appeals Board to rehear the charges against the student; it is an appeal of the findings and/or the sanction of the Graduate Studies Hearing Officer or Graduate Studies Hearing Body. The Graduate Studies Appeals Board may:

6.4.11.1

Find that there are not sufficient facts presented to warrant the findings of fact made at the original hearing and may set aside the finding or determine the facts differently.

6.4.11.2 6.4.11.3 6.4.11.4

Order that a new hearing be held. Change the sanction.

Provide such further and additional relief or changes as dictated by fairness to the student and to the interests protected by the Central Michigan University Code of Student Rights, Responsibilities and Disciplinary Procedures.

6.4.12

The Graduate Studies Appeals Board must hear the appeal within fifteen (15) business days from the date the appeal is made in writing and delivered to the Conduct Proceedings Officer.

6.4.13

A decision of the Graduate Studies Appeals Board is final except that a decision to suspend for more than one week or to dismiss a student is subject to discretionary review by the Provost.Any student responding to a charge under these procedures, any person bringing charges under these procedures, or theAdministration, may make a written application to the Provost to review a decision made by the Appeals Board. The application must be received in the Office of the Provost within five (5) business days after the date of the Appeals Board decision. Failure to make application for review within the time limit ends the right to make application for review unless the time limit is extended by the Provost. The application for review must contain the following information:

6.2.3.3

A record of the hearing, made by tape recorder, will be kept by the Conduct Proceedings Officer, at least until the appeal time is exhausted. If either the University or the student requests another type of record of the hearing be made, this may be done at the cost of the requesting party provided the type of recording does not interfere with the hearing.

6.2.3.4 6.2.3.5

A Graduate Studies Hearing Officer presides at all hearings.

Procedures at hearings will be communicated to the student charged at least twenty-four (24) hours before the hearing.

6.2.3.6

The Graduate Studies Hearing Officer or Graduate Studies Hearing Body will issue a written decision stating if a violation has been found, what facts support this finding, and the sanction to be imposed if a violation has been found.

6.2.3.7

A copy of a decision by the Graduate Studies Hearing Body or Graduate Studies Hearing Officer will be mailed to the student within two (2) business days from the date the decision is made. The Conduct Proceedings Officer will coordinate procedures for communicating the decision.

6.3

Instructor’s Rights

Central Michigan University recognizes that instructors have rights which need to be protected as well as those of the person who is cited.

6.3.1

The instructor has the right to have a person of his or her choice accompany him or her throughout the disciplinary hearing.

6.3.2

The instructor has the right to remain present during the entire proceeding.

6.3.3

The instructor has the right to make an “impact statement" and to suggest an appropriate sanction if the person cited is found in violation.

6.3.4

The instructor has the right to be informed in a timely manner of the outcome of the hearing regarding the findings and the sanction.

6.3.5

The instructor has the right to appeal either the findings or the sanction.

6.4 6.4.1

Appeals

The following matters may be appealed to the Graduate Studies Appeals Board:

6.4.1.1

The decision of a Graduate Studies Hearing Body or a Graduate Studies Hearing Officer as provided in Section 6.2.

The appeal may be as to the facts found or the sanction set or both. The appeals board may not reduce the sanction below the minimum imposed by Section 4.4.

6.4.1.2

The sanction set by the Conduct Proceedings Officer after admission of violation by the student. See Section 6.1.6 for more information regarding this type of appeal.

6.4.2

The Graduate StudiesAppeals Board consists of a graduate student appointed by the Chair of the Graduate Council, the Chairperson of the Academic Senate or designee, and the Dean of the College of Graduate Studies or designee.

6.4.3

An appeal to the Graduate Studies Appeals Board may be made by the student involved, by the person or group who first brought the charge, or by the University.

6.4.4

An appeal is timely only if taken within five (5) business days of the decision appealed. An appeal not made within the time limit will not be heard unless an exception is made by the President or the President's designee.

6.4.5

An appeal is made by submitting a written statement of appeal to the Conduct Proceedings Officer within the time limit. The written statement of appeal must state: the name of the person appealing, the basis of the appeal, the person or group making the decision from which the appeal is made, whether a decision as to fact or sanction or both is appealed, and the remedy which the person appealing is requesting from the Graduate Studies Appeals Board.

6.4.6

The student charged may have an advisor of the student's choice present at the hearing of the appeal. If the student's advisor is an attorney, the student must notify the Conduct Proceedings Officer of this at least three (3) business days in advance of the hearing. The advisor's role is limited to providing advice to the student. The advisor is not permitted to ask or answer questions or make oral arguments. Any case presented must be made by the student.

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Appendix I

  • a)

    Name of the student(s) charged in the proceeding in which the Graduate Studies Appeals Board has rendered a decision.

  • b)

    Name, address, and telephone number of the person making application for review.

  • c)

    A copy of the Graduate Studies Appeals Board decision involved.

  • d)

    A statement as to what portion(s) of the Graduate Studies Appeals Board decision the applicant wishes reviewed, and the reason(s) why the person making application for review considers the decision to be capricious, or the procedures followed to be fundamentally unfair.

  • e)

    A statement of the relief requested from the Provost by the person making application for review.

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