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Guide to Student Life - Campus Life - Adelphi University

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125 26.4 Grounds for Appeal<br />

ADELPHI UNIVERSITY • GUIDE TO STUDENT LIFE<br />

The appeal board will not conduct a rehearing of the case, but will consider an appeal based<br />

only on the appealing party’s substantiated claim of one or more of the following:<br />

a) An unfair hearing regarding conformity <strong>to</strong> standards established in this Code. Such<br />

impropriety of process must substantially affect the outcome of the case; harmless deviations<br />

shall not invalidate the proceedings. This ground may include the substantiated claim that<br />

insufficient facts were presented <strong>to</strong> lead <strong>to</strong> a particular finding.<br />

b) The presence of relevant new information, not available at the time of the conference or hearing<br />

c) A sanction clearly not appropriate for the violation<br />

26.5 Appeal Outcome<br />

The appeal board may find that:<br />

a) The appeal does not have sufficient merit as <strong>to</strong> the grounds listed above. In this case, the<br />

finding of responsibility stands, as does the sanction.<br />

b) The process in the original hearing or conference contained improprieties that substantially<br />

affected the outcome of the case. In this case, the matter will normally be returned <strong>to</strong><br />

the original hearing body or person <strong>to</strong> reopen the hearing with instructions for further<br />

proceedings. In unusual cases, the appeal board may require a new hearing or conference.<br />

c) There is relevant new information that was not available at the time of the original hearing<br />

or conference. In this case, the matter will normally be returned <strong>to</strong> the original hearing body<br />

or person for consideration.<br />

d) The sanction is clearly inappropriate. In this case it may, at its discretion, refer the matter<br />

back <strong>to</strong> the original hearing body or person, or modify the sanction.<br />

The outcome of the appeal shall be communicated in writing <strong>to</strong> the appealing party, usually<br />

within five business days after the appeal board concludes its deliberations.<br />

If the appeal board finds that it requires additional information, it may convene additional<br />

proceedings.<br />

Upon conclusion of the appeal (or the permissible time for filing an appeal, if none has been<br />

filed), the tape-recording (if any) of the original hearing shall be destroyed.<br />

MISCELLANEOUS<br />

27. Delivery of Documents <strong>to</strong> Complainants, Respondents and Witnesses<br />

Notice of hearing and notification of outcome, as called for in this Code, will be made <strong>to</strong><br />

complainants, respondents and witnesses by a means that allows for documentation of delivery.<br />

This includes, but is not limited <strong>to</strong>, hand delivery, overnight delivery and certified mail.<br />

Delivery will be made <strong>to</strong> the current address (local or permanent) as provided by the student <strong>to</strong><br />

the <strong>University</strong>. A reasonable attempt <strong>to</strong> deliver <strong>to</strong> said address will constitute acceptable notice<br />

<strong>to</strong> the student.

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