Student Handbook 2014-2015

Page 37

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f) Deliberation and imposition of sanction. In private deliberations the Hearing Panel shall determine the appropriate sanction(s), mindful of any presumptive sanctions and of any factors in aggravation or mitigation that warrant departure from them and which in their sound discretion they may do. The sanction imposed shall be appropriate in light of the gravity and willfulness of the violation. A combination of sanctions may be imposed. Four of the justices must concur in the sanction(s). When sanction(s) have been agreed upon, the hearing will reconvene and the sanction(s) will be announced and the hearing concluded. If the hearing was closed to the public, the complainant and witnesses may be informed of the decisions. The court, over the signature of the Hearing Officer, shall promptly prepare a written report of its factual findings, its conclusions as to what violations of the Honor Code occurred, factors in aggravation and mitigation, if any, and the sanction(s) imposed. The original report shall be delivered to the Associate Dean, for prompt assistance, when needed, in implementing the sanction(s). A copy of the report shall be hand delivered to the respondent by the Hearing Officer. If the sanction arose from a consent to discipline, the sanction must be implemented forthwith. In all other cases no implementing action may be taken if a timely appeal is filed or until the time for filing an appeal has passed.

ARTICLE V: APPELLATE PROCEDURES Section 1. Filing and the Appellate Panel. Within fifteen (15) days of the receipt of the court's report, a respondent may file an appeal with Dean of the Law School. The respondent's appeal can be based on the inappropriateness of either: 1) the finding of guilty or 2) the sanction imposed. The prosecutor can file an appeal based on the inappropriateness of the sanction. The Dean shall appoint an appellate panel of three faculty members to decide the appeal. The appeal may include a supporting memorandum and/or a request for oral argument. Both the respondent and the prosecutor have a right to appear before the faculty appellate panel. Both the prosecutor and the respondent may file a responsive memorandum within fifteen (15) days of the filing of the other party's memorandum. Oral arguments are limited to twenty (20) minutes each.

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