student services - SUNY Institute of Technology

Final Adjudication
The Campus Judicial Boards, in their deliberations, shall
consider only relevant evidence presented at the hearing.
The final adjudication shall be sent to the Vice President for
Student Affairs and Enrollment Management for approval. It
shall then be sent in letter form to the accused student and
shall set forth:
a. names of the parties.
b. date of the hearing.
c. offenses involved.
d. finding of fact.
e. recommended sanction.
f. approval and signature of the Vice President for
Student Affairs and Enrollment Management.
Where a sanction has been imposed, a record of the adjudication
shall be maintained in the office of the Vice President
for Student Affairs and Enrollment Management.
A record of a judicial sanction may be properly introduced
at a subsequent disciplinary hearing if it is determined that
a student has committed another offense.
JUDICIAL APPEALS BOARD
Jurisdiction
The Judicial Appeals Board shall hear appeals by students
from findings and/or recommendations of the Student Judicial
Board and/or the Administrative Judicial Board. The
Judicial Appeals Board shall also review findings and/or recommendations
of either of these Boards at the request of the
Vice President for Student Affairs and Enrollment Management.
Composition
The Judicial Appeals Board shall be composed of two (2)
stu dents, two (2) faculty members, and one (1) administrator.
The President and Vice President of the SUNYIT Student
Associa tion and the Vice President for Student Affairs
and Enrollment Management shall select the membership
from the college community.
Term of office
Members of the Judicial Appeals Board shall serve for a term
of one year, commencing on the first day of the fall semester,
and may be appointed for additional terms of office. Vacancies
may be filled at any time.
Sanctions
The Judicial Appeals Board may either uphold the decision
and sanction of a Campus Judicial Board or it may lower
the severity of the sanction. It may not increase the severity
of the sanction. Recommendations of the Judicial Appeals
Board shall be forwarded to the Vice President for Student
Affairs and Enrollment Management. The Vice Presi dent
shall implement the recommendation(s) unless he/she refers
the case to the President of the college as provided for in
Procedures for Appeal or Review.
Appeals
A student may appeal the recommendation(s) of the Judicial
Appeals Board to the President of the college only when
the sanction involves separation from the college. When the
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President agrees to consider an appeal, he/she shall review
the records of the Board of original jurisdiction and of the
Judicial Appeals Board and such written submissions and
oral arguments as the President requests. The President
shall make such disposition of the case as he/she deems appropriate.
RIGHT TO APPEAL
Student defendants have the right to appeal a decision of the
Student Judicial Board or the Administrative Judicial Board
and shall be informed of that right when notified of the final
adjudication. Appeal from a decision of either Board shall be
made in writing to the Judicial Appeals Board.
Procedures for Appeal or Review
All requests for appeals must be submitted to the Vice President
for Student Affairs and Enrollment Management within
two (2) days after the receipt of the letter or the initial
hearing. A student may request an appeal on one or more of
the following grounds:
1. the student has been deprived of his/her rights as
defined herein.
2. the facts appear to be insufficient to establish his/her
re sponsibility.
3. the sanction(s) recommended by the initial hearing board
was not justified by the nature of the offense.
In reviewing an appeal, the Judicial Appeals Board shall
limit itself to consideration of the following questions:
1. whether the rights set forth in the college’s judicial
procedures have been denied.
2. whether the adjudicatory process of an initial hearing
was conducted fairly and in conformity with properly
pre scribed procedures.
3. whether the adjudication was supported by substantial
evidence.
4. whether the regulations involved were properly applied
in the particular case.
5. whether the sanction or remedy imposed was in due
pro portion to the gravity and nature of the conduct.
After reviewing the audio tape and all material relevant to
the appealed case, the Judicial Appeals Board may choose
one of the following three options:
1. Recommend to the Vice President for Student Affairs and
Enroll ment Management that:
a. the decision of the initial hearing board should be upheld,
and the sanction should be implemented as
recommended.
b. the decision of the initial hearing board should be upheld,
but the severity of the sanction should be
decreased.
c. the decision of the initial hearing board should be
overturned. Reasons must be given for this
recommendation.
2. Recommend that the case be reheard by the initial
hearing board. Reasons must be given for this
recommenda tion.
3. Decide to hear the case by the Judicial Appeals Board.