SECTION 7: POST-VERDICT REVIEW AND APPEAL

Upon receipt of an Honor Council's written finding of guilt, the Dean of Students, in consultation with the Dean of the school with jurisdiction, shall immediately conduct a post-verdict review of the case, including a review of the recording of the hearing and all documentary and tangible evidence. If the Dean of Students concludes that the verdict and/or sanction was based in whole or in part on the accused's race, gender, age, sexual orientation, handicap, religion, or national origin, or that a material procedural error occurred that may have significantly prejudiced the accused, the verdict may be set aside. If the verdict is set aside because in the Dean's opinion it was based on discriminatory factors or set aside for procedural error, the accused may be re-tried for the offense. If the verdict is sustained, the Dean of Students shall also review the sanction imposed by the Honor Council. The Dean of Students may reduce or modify the sanction upon finding that the sanction imposed is not authorized by the Honor Code. No modification or reduction of sanction shall be made without the written consent of the accused. The Dean of Students shall complete this review within forty-eight hours of receipt of the Honor Panel's written verdict, unless granted an extension for good cause by the Vice President for Student Affairs. Within five days of receipt of the written decision of the Dean of Students confirming the verdict and sanction of an Honor Council, the accused may appeal the verdict and/or the sanction, including a sanction modified by the Dean of Students with the consent of the accused, to the Appeals Committee by filing a written notice of appeal with the Vice President for Student Affairs. The written notice of appeal shall specify the grounds for appeal and shall be limited to the following: 1. The verdict and/or sanction was based in whole or in part on the accused's race, gender, age, sexual orientation, religion, handicap, or national origin; 2. Material procedural error occurred, which significantly prejudiced the accused; 3. The verdict is not supported beyond a reasonable doubt; 4. The sanction imposed is unauthorized or is unduly harsh, given the circumstances of the offense and/or the circumstances of the accused; 5. New or exculpatory evidence has been discovered which is not merely corroborative, and which could not have been discovered by the accused in the exercise of due diligence, and which, at another hearing on the matter, would likely produce a different result. Upon receipt of the notice of appeal, the Vice President for Student Affairs shall appoint from the membership of the Appeals Committee a four person appeals panel, composed of one administrator, one faculty member, and two students from the academic unit of the Honor Council which heard the case, who shall not be a member of that academic unit's Honor Council. Should temporary Appeals Committee members be required, the Vice President for Student Affairs is empowered to make the necessary appointment(s). A fifth Appeals Committee member will be designated as recorder but may not participate in any way (other than as record keeper) in the hearing or deliberations. The appeals panel shall review the appeal and any and all records of the case which it deems advisable, and, within one week from the time appeal was filed, report its decision to the appellant unless the Vice President for Student Affairs, for good cause, decides to extend the time period. Ordinarily this period will not extend beyond two weeks (beyond two weeks). The appeals panel may determine either: (1) the appeal is without merit; or (2) the verdict and/or the sanction should be reviewed. If the panel decides that the appeal is without merit, the decision of the Honor Council, as affirmed or modified by the Dean of Students, is final. If the panel decides that the verdict and/or sanction should be reviewed, the Office of the Provost shall review the record of the case, including the recording of the proceedings and all documentary and tangible evidence, and shall, within one week, render a final decision. If the Office of the Provost concludes that the verdict has not been established beyond a reasonable doubt, that verdict shall be set aside and no further proceedings may occur. If the Office of the Provost concludes that the verdict or sanction was based in whole or in part on the accused's race, gender, age, sexual orientation, religion, handicap or national origin, or that material procedural error occurred which significantly prejudiced the accused, or that new material, exculpatory evidence has been discovered which, at another hearing, might produce a different result, the Office of the Provost may order the Honor Council to conduct a new hearing with a different council membership. If the Office of the Provost concludes that the sanction imposed is not authorized or is not supported by the circumstances of the case and/or the circumstances of the accused, the Provost may lessen the sanction as appropriate. The action of the Office of the Provost in setting aside a verdict or lessening a sanction is final and no further proceedings or appeal shall occur.

SECTION 1: BACKGROUND
SECTION 3: RIGHTS AND DUTIES
SECTION 4: ADMINISTRATION
SECTION 5: POLICIES AND PROCEDURES FOR CODE ENFORCEMENT
SECTION 6: SANCTIONS
SECTION 7: POST-VERDICT REVIEW AND APPEAL
SECTION 8: AMENDMENT
SECTION 9: PUBLIC NOTICE