court; c. all motions and memoranda filed by the parties; d. the videotape or audiotape of the hearing on the merits; e. all exhibits received into evidence; f. the written report of the court; and g. the appellate memoranda, except h. no documents related to a proposed discipline by consent that was refused by the hearing court may be part of the appellate record. Section 3. Appellate Standard. The appellate panel shall decide the appeal based upon its review of the pertinent portions of the record, any appellate memoranda received, the arguments of the parties, any presumptive sanctions, and the requirements of the Honor Code and its constitution and procedures and shall affirm the factual findings and conclusions unless they are clearly erroneous. The appellate panel may not disturb the recommended sanction(s) unless it is convinced that the recommendation constitutes a clear abuse of discretion. If the appellate panel reverses the finding of a violation or the sanctions, it may order a new trial, dismiss the charge(s), modify the findings, conclusions, and sanction(s) imposed, or affirm the action of the hearing court. Two-thirds of the members of the appellate body must agree on the action to be taken, and the written opinion of the appellate panel shall be delivered to the Dean, Associate Dean, Hearing Officer, prosecutor and the respondent within ten (10) days of the panel's decision. The Associate Dean shall promptly facilitate implementation of the sanction(s) as no further appeal is available within the Law School. The respondent shall be notified, however, of the opportunity to appeal to the President of the University.
ARTICLE VI. MISCELLANEOUS PROVISIONS Section 1. Records and Reports. 1) Regardless of the decision on the merits, the record of the case shall be maintained in the office of the Associate Dean after termination of the proceedings. The record may be consulted by the Dean, Associate Dean, the Honor Court, or the Investigators Committee, or the Prosecutor for any relevant purpose. 2) When a matter has been formally adjudicated and finally resolved, regardless of the decision on the merits, the Hearing Officer shall a) Prepare a report of the matter containing the name of the student, the specific sections(s) of the Honor Code alleged to have been violated, a
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