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This Board, with each member having one vote, shall be comprised of three individuals: the Dean of Students or his/her designee and two students, one male and one female.

1. Appellate Board Responsibilities

The University Appellate Board shall be responsible for the following:

a. The Appellate Board must inform the Charged Student of his/her personal rights as contained in these policies and procedures.

b. The Board will allow the Charged Student an appropriate presentation of his/her appeal and the Investigator an appropriate response to allow the Board to determine whether to overturn the previous decision.

c. Whenever the Appellate Board is not in operation (summers, exam periods) and a student presents an appeal, the case will be referred to the Dean of Students, or her/his designee, to be heard.

2. Appeal Hearing Procedures

a. Confidentiality. The deliberations of the Appellate Board are regarded as confidential. Therefore, no

participants, advisors, attorneys, or other observers are to be present during these deliberations. In addition, no record shall be made of the discussion or vote in these deliberations, other than the Board’s final decision.

b. Evidence. Evidence that was not presented during the formal hearing may be presented, only if it was previously unavailable and only if it addresses the severity of sanction or procedures used during the Hearing.

c. Exchange of Information. Upon a reasonable written request, the Charged Student or Investigator should produce for examination by the opposing party evidentiary material to be used at the Hearings.

d. Observations. The opportunity to observe Appellate Hearings prior to deliberation shall be confined to Student Affairs Deans, Investigators, and UDHP members, with the consent of the Charged Student and the Appellate Board. No advisors, attorneys, or parents will be permitted to participate in or observe appeal hearings.

e. Failure to Appear. Failure to appear at the Appellate Hearing, without proper notice to the Appellate Board, will result in a voiding of the appeal.

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f. Decorum. Neither Appellate Board members, nor the Investigator or Charged Student may engage in private conversations while the proceedings are conducted.

g. Deliberation. At the conclusion of the Hearing, the Appellate Board shall excuse the hearing participants and render a decision whether to affirm or overturn the previous decision by a majority vote. The Deliberations are closed to everyone except the Appellate Board Members.

h. Findings. Appeal decisions are final and will be delivered in writing to the charged student and the investigating discipline officer. These decisions may include:

i. If the Appellate Board finds no merit to the appeal, it shall affirm the action of the adjudicating body. ii. If the Appellate Board finds that the student’s appeal on procedure is valid, it shall defer to the Dean of

Students to determine the most appropriate manner in which the case should be reconsidered.

iii. If the Appellate Board finds that the penalty assessed by the adjudicating body is too severe, it shall then assess what it deems to be an appropriate penalty.

iv. Determinations of the Appellate Board may not be further appealed.

3. Interpretation of University Disciplinary Procedures. Whenever necessary, the Dean of Students shall interpret and/or provide specific clarification on University disciplinary procedures.

4. Procedures Not Specifically Provided Herein. The Appellate Board may implement procedures that are not specifically prescribed in these policies or procedures, if such implementation would serve to arrive at a full and true disclosure of the facts, and are instituted with the knowledge and consent of the Dean of Students.

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MAJOR DISCIPLINARY PROCEDURES

Students who are alleged to have violated University policies or procedures may be charged under the Major Disciplinary Procedures, which means that in addition to other sanctions described herein, sanctions of suspension, expulsion or loss of financial aid may be assessed. A Complaint can be made by anyone. The Dean of Students or her/his designee determines whether a charge constitutes a Major offense based on the nature of the reported violation and the student’s disciplinary history. Upon notification that a violation has occurred, the appropriate University official will investigate the circumstances of the case and attempt to identify the student(s) who allegedly committed the offense.

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INTRODUCTION

The process through which students are held accountable to University policies and procedures is intended to promote a better understanding of the University community and acceptable behavior for students who are a part of that community. With that in mind, it should be noted that the following processes occur only between the University and each individual student involved in an investigation into possible policy violations. Parents, friends, significant others, and/or attorneys are not permitted to participate in or observe the University of Miami disciplinary processes.

The following section more fully explains the Major Disciplinary Process that commences following the report of an alleged violation of the student Code of Conduct.

SECTION I. PERSONAL RIGHTS OF A STUDENT DURING THE MAJOR DISCIPLINE PROCESS