XVIII: Appeals

From BSC Policy
Jump to navigationJump to search

A. The policy in this section applies to decisions that were made by the AdHoc Committee, the Conduct Committee (ConCom), the Clear and Present Danger Committee, the Central Level PNG Review Committee, or by staff with regard to BSC member conduct related matters.

B. The Appeals Committee for a conduct-related issue shall consist of:

a. The Conduct Member Advisor not participating in the initial conduct decision
b. The Conduct Committee Chair not participating in the initial conduct decision
c. The Cooperative Experience Manager or the Executive Director’s designee, as long as they did not participate in the initial conduct decision
d. The Vice President of Experience and Training (VPET) or another Board Director of their choice (a non-voting member)

C. The Appeals Committee for an administrative-related issue shall consist of:

a The Vice President of Internal Affairs, or the President’s designee in extenuating circumstances in which the VPIA is unavailable
b Two other Board Directors (Board will elect and maintain a pool of at least five Board Directors to serve in this capacity at the start of each semester; Cabinet/Summer Committee members may serve until then)

D. The Appeals Committee will first ensure that all appeals conform to the following criteria, before proceeding with adjudication:

a. The member(s) who initially brought the case - complainants(s) - and the respondent may appeal the outcome
b. All appeals must be filed no later than five (5) business days after the date the appellant was notified of the decision.
c. The appellant must submit a document outlining the reasons for their appeal and the decision that they wish the Appeals Committee to take.
d. Appeals may be made for the following reasons:
i. New evidence that could not be presented at the time of the original meeting.
ii. Procedural error that unfairly and materially affected the outcome of the case.
iii. Gross misapplication of policy by the original body.

E. The Chair of the Appeals Committee shall appoint someone from the Enforcement Committee to represent the decision that they made, and to submit a report summarizing the case and the Enforcement Committee’s reasoning.

F. All decisions made by the Appeals Committee are final and cannot be appealed.

G. The Chair rendering the initial decision must swiftly notify members of their right to appeal, the deadline to file, and the process to initiate.

H. If there is a conflict of interest that would preclude a staff person or member leader from serving on the Appeals Committee, or one of the stated members is not available to participate, the President, then the Executive Director and then the Cooperative Experience Manager (for Conduct) or VP of Internal Affairs (for Administrative cases) may designate an appropriate alternate, taking into consideration the intended make-up of the committee.

I. The Administrative Appeals Committee must be trained in the Administrative Code, procedure, mock cases, and anti-oppression.

[Updated as per approval at Cabinet #8 (12.8.22)]

[Updated 05/07/20]