Guide to Student Life - Campus Life - Adelphi University
Guide to Student Life - Campus Life - Adelphi University
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.