UC Riverside Academic Senate

Academic Senate Bylaws

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6.5.5 Appeals

Decisions of the Associate Dean for Graduate Academic Affairs may be appealed to the GAIC. Appellate decisions by the GAIC are final. Primary decisions of the GAIC may be appealed to the Graduate Council. Appellate decisions by the Graduate Council are final. In any decision that includes a sanction of dismissal of a graduate student, the Dean of the Graduate Division will be the final arbiter. Criteria for Appeals

Appeals must be based on one or more of the following:

• New evidence not reasonably available at the time of the original hearing, the absence of which can be shown to have had a detrimental impact on the outcome of the hearing
• Procedural error that can be shown to have had a detrimental impact on the outcome of the hearing
• Errors in the interpretation of University policy so substantial as to deny one of the parties a fair hearing
• Grossly inappropriate sanction having no reasonable relationship to the charges Appeal Procedures

1.   The Faculty member or the student may appeal a decision in writing to the appropriate body for appeal, as described above. The appeal must be made within 10 calendar days after the written decision is made available.

2.   Appeals must be authored and signed by the submitting party. Appeals produced by advisors or other non- parties will not be considered.

3.   The filing of a timely appeal suspends the imposition of sanctions until the appeal is decided. Grades or degrees will be withheld pending conclusion of the appeal.

4.   When an appeal has been filed, the relevant parties may be requested to respond in writing to the matters in question before a decision about the appeal is made. The non-appealing party, whether student or Faculty member, will be notified of the appeal within 10 calendar days and will be given an opportunity to submit a written statement for consideration within 20 calendar days.

5.   The appellate body will determine whether the grounds for appeal have been satisfied and whether further process is necessary to resolve the appeal. Findings of fact will be accepted as determined by the original adjudicating body, unless the appellate body determines that the original adjudicating body acted in an arbitrary, capricious, or unfair manner.

6.   The appellate body will make a decision based on the written submissions within 20 calendar days, or indicate in writing what further process is necessary for final resolution.

7.   The appellate body may approve, reject, or modify the decision and sanction in question. The action taken shall be communicated in writing to the student, the Faculty member, and the original adjudicating body within 20 calendar days after receipt of the appeal and related documents. The decision of the appellate body is final.

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