ARTICLE VI: APPEALS
- Appeals Allowed. In all cases except those in which the sanction of suspension or expulsion has been imposed, any student determined by the Hearing Panel to have violated the Honor Code may appeal the decision to the Dean. (For appeals in cases in which students suspended or expelled by the Dean due to an Honor Code violation, see Section VII.B.1 of the Washington University Judicial Code at http://www.wustl.edu/policies/judicial.html#seven.) The Case Presentation team may not appeal any adverse decision of the Hearing Panel.
- Grounds for Appeal. An appeal may be brought only on the ground that: (1) a fair hearing was not provided; (2) the decision was one that no reasonable Hearing Panel could have reached based on the evidence presented; or (3) the sanction imposed was excessive.
B. Filing of Appeal, Suspension of Sanction, Response.
1. Filing of Appeal. A student wishing to appeal a Hearing Panel decision finding an Honor Code violation and/or the sanction imposed shall deliver the appeal to the Dean, and copies to the Case Presentation Team, the Dean of Students, and the Hearing Panel Chair and Presiding Officer, within ten (10) days of the issuance of Panel’s written opinion. The appeal shall be in writing, shall specify the relief sought and the ground(s) therefor, and shall explain why, given the relevant circumstances, such relief is appropriate.
2. Suspension of Implementation of Sanction Continued. Upon the timely filing of an appeal, implementation of the sanction(s) imposed, already suspended until expiration of the time for filing an appeal (see Art.V.E), shall remain suspended until the appeal is resolved.
3. Case Presentation Team Response. Within ten (10) days of receiving an appeal, the Case Presentation Team shall prepare and deliver to the Dean a written response. Copies shall also be delivered to the appellant, the Dean of Students, the Hearing Panel Chair, and the Presiding Officer.
1. Basis for Deciding Appeals. Each inquiry on appeal shall be conducted in a manner determined by the Dean to be appropriate. In addition to the parties’ written submissions, the Dean shall be provided with: (a) the formal charging document and Notice of Rights; (b) all discovery materials; (c) any pre-trial motions and accompanying memoranda or other writings filed by the parties and any written rulings thereon; (d) the audiotapes of the hearings on the merits and on sanctions; (e) all exhibits received into evidence; and (f) the Hearing Panel’s written opinions. The Dean may also request other materials or assistance, such as additional written submissions from the parties and/or an in-person hearing; but whether to do so or not in a given case is committed to the sound discretion of the Dean.
2. Decision. In deciding an appeal, the Dean shall not substitute his or her judgment of the facts for that of the Hearing Panel, and the scope of his or her review shall be limited to determining whether a fair hearing was provided, whether the decision was one that no reasonable Hearing Panel could have reached based on the evidence presented, and whether the sanction imposed was excessive. If the appeal is sustained, the Dean may, but is not required to, order a new hearing, and/or may reduce or modify, but not increase, the sanctions assessed by the Hearing Panel. All decisions by the Dean on appeal shall be final.
3. Notice of Decision. Upon reaching a decision, the Dean or his or her designate shall first notify the parties orally or by e-mail and then follow within five (5) days with written notification containing a brief explanation of the decision and the Dean’s reasoning. Copies of the Dean’s decision shall be delivered to the parties, the Dean of Students, the Hearing Panel Chair and Presiding Officer, and the original complainant. The Dean shall also cause to be publicly posted a copy (see Art.VII.F.2), redacted so that student names and other obviously identifying information have been removed (see Art. VII.F.3), to inform the law school community of the decision.