Oberlin College & Conservatory

 

The Review

1. PROCESS

a. The respondent shall have the opportunity to request a review of a decision.

b. The complainant does not have the right to request a review of a decision.

c. A request for a review shall be based on one or more of the following criteria:

(1) New information not reasonably available at the time of the hearing.
(2)Procedural error that could reasonably be judged to have materially affected the outcome of the hearing.
(3) Unreasonably or inappropriately severe sanctions.

d. A request for a review must be submitted in writing to the judicial coordinator within five business days from receipt of notification of the decision. The request for a review must include a detailed rationale that addresses one or all of the criteria. The respondent shall be notified in writing of the decision within 10 business days after it was submitted.

e. The review will be conducted by five members of the Community Board; three faculty members (including the nonvoting chair) and two students. The two students shall not have been a part of the original hearing. If the Community Board was the board of original jurisdiction, an appeal will be made to a new panel.

f. The Community Board shall meet with the judicial coordinator in a closed session to review the case. The review will ordinarily include, but not be limited to, a review of the taped proceedings of the original case and the written request of the respondent. While copies of a written transcript may be made available, deliberations should ordinarily be based upon a review of the tape itself.

g. The judicial coordinator does not have a vote, but is there primarily to assist with the process and to provide any information relevant to the criteria.

h. In the event that the judicial coordinator adjudicated the case that is in question, he/she will not be present at the meeting to determine if there should be a new hearing.

i. The Community Board shall meet, reach a decision, and notify the respondent of the decision within 10 business days from the time a review has been requested.

j. The Community Board shall decide if there is sufficient reason to grant a new hearing of the Judicial or Community Board. The Board may also determine that the original sanction should be altered or set aside.

k. The Community Board shall meet with members of the original hearing board in the event additional clarification is needed.

l. In the event that a new hearing is granted, it will be conducted by the board of original jurisdiction (judicial or community). Members of the original hearing panel may not be involved with the new hearing. The decision from a new hearing is final and is only appealable to the president.

m. The chair shall draft a letter immediately to the respondent once a decision is reached. The letter shall outline the decision of the Community Board and the rationale. If there is no additional appeal, the judicial coordinator may acquaint the complainant (in such cases as there is one) with the final determination.

n. In the event that a request for an appeal is denied by the Community Board, an ultimate appeal may be made to the president (or the president's designee) in writing within 10 days of the Community Board's decision. The determination of the president (or designee) is final.

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