2006-2007 Student Handbook - University of the Incarnate Word

F. Final Review1. Accused students or complainants may petition within three (3) school days of the written decision tothe Community Review Board for the review of a decision reached by the Student Conduct ReviewCouncil or a sanction imposed. Such petitions will be in writing and will be delivered to the Vice Presidentfor Academic & Student Affairs.If the Vice President for Academic & Student Affairs determines that the complaint may be reviewed,he/she will refer the complaint back to the original hearing body/officer or to the Community ReviewBoard for re-opening of the hearing to allow reconsideration of the original determination and/orsanction(s). The Community Review Board serves as the final level of review in the conduct matter.Except as required to explain the basis of new information, a review will be limited to review of theverbatim record of the initial hearing and supporting documents for one or more of the followingpurposes:a. To consider new information, unavailable during the original hearing, that could be outcomedeterminative;b. To assess whether a material deviation from written procedures impacted the fairness of the hearing;c. To decide if a sanction(s) is grossly disproportionate to the severity of the offense;d. To determine that the finding does not accord with the information;e. To assess whether bias on the part of a conduct board member deprived the process ofimpartiality.Every opportunity should be taken to return the complaint to the original hearing body/officer forreconsideration, where possible. The original hearing officer/body or the CRB may support or change adecision, increase, decrease or modify a sanction. The reviewing body will be deferential to the original decisionmaker,making changes to the finding on where there is clear error and to the sanction only if a compellingjustification to do so exists, and a unanimous decision is reached. CRB members will be instructed by the Dean ofCampus Life prior to participating in conduct proceedings.G. Community ReviewBoard Membership & AuthorityThe Community Review Board (CRB) is a group of students, faculty and administrators who serve as thefinal level of review in a student conduct matter. Membership on the CRB is as follows:1. Four voting student representatives appointed by the Student Government Association ExecutiveBoard, preferably no later than the third week of class in the fall semester. Representatives will beappointed from the following categories:a. One female and one male resident student;b. One female and one male commuter student;c. No more than two of the four students may be seniors2. Two voting faculty representatives, on female and one male, appointed by the Faculty Senate,preferably in the spring of each academic year3. Two voting representatives from the administration, one female and one male, appointed by thePresident annually, preferably no later than the first three weeks of the fall semester. Every effort willbe made to see that at least one representative has served previously4. The non-voting advisor to the CRB is the Vice President for Academic & Students Affairs5. The chairperson of the CRB will be determined prior to the start of each hearing by a 3/4-majority voteof the Board. The chairperson will beither a member of the faculty or administration. The chairpersonis ineligible to vote except to break a tie vote.6. In the event of resignation, the group from which the representative came is responsible for providing areplacement as soon as possible.61