Before the Hearing
UAB-1
University Appeals Board (UAB) hearings are administrative rather than legal in nature. The panel is not bound by legal rules of evidence and may consider any evidence it deems appropriate.
UAB-2
A student who appeals a determination by the Ombud must file the appeal in writing with the UAB Chair within thirty days of receipt of the Ombud’s notification regarding finding of an academic offense or no merit.
UAB-3
The UAB Chair shall schedule a hearing within twenty days of receipt of the student’s appeal unless the student consents to an extension of time.
UAB-4
The student appealing the Ombud’s determination and faculty shall receive electronic notice of the hearing date, time, and location or videoconference link.
At the Hearing
UAB-5
If the appeal is from a “no merit” determination by the Academic Ombud, the student does not attend the session at which the UAB decides whether the matter will receive a hearing. If the Board decides to grant a hearing, the student will be notified in order to appear at the scheduled hearing
UAB-6
The appealing student and the involved faculty and administrators are invited to the hearing. If they cannot attend, the hearing may proceed after they have been notified and given an opportunity to submit additional written comments, if appropriate in the view of the Chair.
UAB-7
The panel may, at its discretion, request or receive and review additional information in addition to that provided by the Academic Ombud, the student or the faculty member.
UAB-8
A student who wishes to bring others to the hearing must notify the UAB Chair five calendar days before the hearing and complete a FERPA release form if deemed necessary by the UAB Chair. Any questions or comments from guests must be submitted in writing to the UAB Chair, who will exercise discretion regarding the inclusion of these questions or comments in the hearing.
UAB-9
If the student will be accompanied by legal counsel, the UAB Chair must be so informed in writing at least five calendar days before the hearing date. Legal counsel may make an opening or closing statement. See UAB-1 above regarding rules of evidence.
UAB-10
Any written materials submitted by the student must be provided to the UAB through the UAB Chair at least five calendar days in advance of the hearing date.
UAB-11
The student will have the first opportunity to provide information about the case, followed by the faculty member.
UAB-12
The student shall not be compelled to give testimony that might undermine the student’s case, and refusal to do so shall not be weighed against the student by the UAB.
UAB-13
The student shall have the opportunity to hear all witnesses and examine all written material provided to the UAB.
UAB-14
Any questions the student may wish to ask of witnesses shall be furnished to the Chair, who will pose the questions at his or her discretion.
UAB-15
All comments by those testifying shall be directed to the members of the UAB panel, not to the student or the faculty member.
UAB-16
Unless otherwise specified by the student, UAB hearings shall be closed to unauthorized attendees.
UAB-17
The Appeals Board Panel, after concluding the hearing and taking testimony and evidence, shall reconvene in executive session to decide the appeal.
UAB-18
If a panel is assembled to hear a case and the hearing cannot be completed in one session, that panel with the same members will hear the case to its conclusion, even if the hearing extends beyond the expiration of some panel members’ appointed terms.
After the Hearing
UAB-19
The UAB Chair shall transmit a written statement of the board’s decision to the student in a timely manner.
UAB-20
A record of UAB proceedings shall be maintained by the UAB Chair or designee.
UAB-21
Only the outcome of a UAB hearing will be communicated. Each case is treated as unique and bears no precedential value.