Appeals
Grounds for Appeals
There is a single level of appeal as a matter of right in all cases under the Community Judicial Code. Decisions of Hearing Panels may be modified or reversed on appeal only if it is determined by the appellate authority that:
- the decision is manifestly unfair or unsupported by the testimony and evidence received at the hearing
- the Hearing Panel, the Judicial Officer, or the Judicial Liaison failed to follow and apply the Community Judicial Code or these Procedures and such failure resulted in material prejudice to the appealing party, or
- one or more members of the Hearing Panel were unfairly biased or acted with prejudice in a manner that affected the outcome of the case or violated the right of the accused(s) to appropriate due process.
Appeals must be received by the Student Life Office (lsl@berea.edu) within three days (72 hours) of the original decision. Any exceptions made are at the discretion of the Associate Vice President of Student Life or their designee. Appeals are then directed to the appellate authority. Participants in the original hearing (parties, witnesses, Observers, Hearing Panel members) may not sit on the hearing body for an appeal. Judicial decisions may be appealed only by the person accused except in hearings of sexual harassment or sexual assault charges. (See “Special Hearing Procedures for Charges of Sexual Harassment and Sexual Assault”.)
During the appeals process, all sanctions imposed by the original hearing body remain in effect. The designated Appellate Authority reviews the appeal request and determines if it meets any grounds. The Appellate Authority may consult with the Associate Vice President of Student Life, their designee, and/ or the Associate Director of Student Rights and Responsibilities on any procedural or substantive questions that arise. If the Appellate Authority determines the request was not timely or does not substantively meet any grounds, the original decision and sanctions will stand and become final. However, if the appeal is found to have standing then, another hearing should be scheduled with a new set of hearing officer(s) to hear the case again. The new hearing body may affirm or change the findings and/or sanctions of the original hearing body.
The President of the College or designate reserves the right to: (i) review, modify or reverse the decision of any campus judicial body, (ii) adopt special judicial procedures; or (iii) make a final determination in any case arising under the Community Judicial Code.