XVIII: Appeals: Difference between revisions

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m (WikiSysop moved page XVIII: Appeals to XVIII: Administrative Code Appeals: Board approved 11/12/15.)
(Board approved 11/12/15.)
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A. The member advocate will let the individual member know of their rights of appeal.
A. The policy in this section applies to decisions that were made by the Administrative Committee (AdCom) or by staff with respects to the Administrative Code.


B. Decisions of the Administrative Committee on specific cases — as opposed to general policy issues — may be considered by the Cabinet only if brought to the Cabinet under one of the following conditions:
B. If the decision to be appealed was originally made by the AdCom then the Appeals Committee shall be the Administrative Committee Appeals Committee (ACAC). Otherwise the Appeals Committee shall be AdCom.
:1. Cases involving termination of a member for any cause other than ineligibility for membership, nonpayment of regular charges, or failure to fulfill workshift obligations may be appealed directly to the Cabinet by the affected member.
:2. Any other case may be appealed for procedural errors or gross misapplication of the AdCode, or relevant information that could not be presented at the time of the original hearing. A staff member must inform the member that an appeal is being considered. A house may appeal only if AdCom’s decision holds it responsible for charges other than the loss of decentralization funds due to member cancellation, or if a house fine or charge is reduced or overruled. The house’s appeal must be based on procedural irregularities.


C. The ACAC shall consist of:
:a. The Administrative Member Advisor
:b. The AdCom Chair
:c. The Vice President of Internal Affairs
:d. The Executive Director


C. The AdCom Appeals Screening Committee (ACASC) shall be composed of the AdCom Chair, the VPIA, the ED, and the Member Advocate.
D. The Administrative Member Advisor, Administrative Committee Chair, and Operations Manager will screen all appeals to ensure that they conform to II.XVIII.H before sending the case to the Appeals Committee.
:1. The AdCom Chair, VPIA, and ED are the voting members.
:2. The Member Advocate is a non-voting member.
:3.  The ACASC shall act by majority vote.


E. The member who initially brought the AdCom case, the AdCom Chair, or the Operations Manager may appeal any AdCom decision. The Administrative Member Advisor shall inform the member of their rights to appeal.


F. All appeals must be filed no later than five (5) business days after the date the appellant was notified of the decision.


D. Cases not exempted by Section XVIII.B.1 shall be considered by the ACASC. When considering appeals of AdCom decisions, the ACASC shall proceed as follows:
G. The appellant must submit a document outlining the reasons for their appeal and the decision that they wish the Appeals Committee to take. The Chair of the Appeals Committee shall appoint someone to represent the decision that the Enforcement Committee made and submit a report summarizing the case and the Enforcement Committee’s reasoning.
:1. The Member Advocate, a representative of the house, or the staff member shall present their reasons for requesting an appeal.
:2. The AdCom Chair shall present her/his reasons for believing AdCom’s decision to be procedurally sound.
:3. The presentations shall be allowed an equal amount of time, determined in advance.
:4. The ACASC shall then consider the appeal. Unless consideration is extended, consideration shall be limited to five minutes.
:5. The ACASC shall then vote on the disposition of the case. A simple majority shall be required for the Cabinet to hear the case.


E. If any one of the parties listed in Section XVIII.B.1. wishes to appeal a specific decision of the Administrative Committee, s/he must file a written request, specifying the reasons for the appeal, and the action desired, with the Chair of the Administrative Committee within five (5) working days of the committee’s decision. The staff representative or Administrative Committee Chair must additionally announce to the Administrative Committee immediately after it has made a decision their intention to possibly appeal the decision, in order to retain their right of appeal. Failure to submit the request within this deadline, unless an extension has been granted (below) shall result in the forfeiture of the right to appeal the Committee’s decision.
H. Appeals may be made for the following reasons:
:1. If one of the parties to the decision must be notified by US mail, s/he shall have fifteen (15) days after the mailing of notification in which to mail or file the written request for appeal.
:a. New evidence that could not be presented at the time of the original AdCom meeting.
:2. Once the Administrative Committee Chair has received the written request for appeal and ACASC agrees that the appeal meets the guidelines in section XVIII.B, s/he shall prepare a written report for the Cabinet, which shall be distributed at the Cabinet meeting. This report shall include:
:b. Procedural error.
::a. A complete summary of the case, and the action taken by the Committee, along with the reasons for it. The summary should attempt to answer any questions which the Board may have in regard to the case.
:c. Gross misapplication of policy.
::b. The written request for appeal filed by the appellant.
::c. Explanations by each of the other parties to the case of their views, and action desired.
::d. An explanation by the Administrative Committee Chair of the relevant Administrative Code sections, and any other relevant BSC policies.


I. The Chair of the Appeals Committee shall designate a specific amount of time for opening statements, questions, closing statements, and deliberation. The time allotted to both parties must be the same.


:3. Unless an extension is granted, the right of appeal shall not extend beyond the third Cabinet meeting after the Administrative Committee meeting where the decision was made.
J. All decisions made by the Appeals Committee are final and cannot be appealed.  


F. When considering appeals from Administrative Committee decisions, the Cabinet shall proceed as follows:
K. In between terms all appeals shall be heard by Cabinet.
:1. The order of recognition for opening statements shall be as follows: the Administrative Committee Chair, member appellant, Member Avocate or other designated representative, staff, other parties to the appeal.
:2. The facilitator shall set time limits for opening statements, between 1 and 6 minutes, taking into account the complexity of the issue. The facilitator shall consult the parties of the case beforehand, if possible, and each speaker shall be allotted the same amount of time to speak.
:3. The body shall then pose questions to the parties of the appeal. Unless consideration is extended by a simple two-thirds (2/3) vote, consideration shall be limited to fifteen (15) minutes total.
:4. All parties to the appeal shall be allowed to make a two minute statement prior to the discussion on the appeal. The staff member making closing statements may be different than the staff member who made the opening statement.
:5. The body will then deliberate the appeal. Only Board, Cabinet, the Administrative Committee Chair, and the Member Advocate may remain in the room; all other parties must leave. An exception may be made only with the consent of the appellant, consent of the complainant(s), and an absolute two thirds (2/3) majority vote of Cabinet the Board. Unless consideration is extended by a simple two thirds (2/3) Board majority, discussion shall be limited to fifteen (15) minutes total.
:6. The scope of review of Cabinet the Board of Directors is not to retry the case but rather to review the issues relevant to appeal and determine whether procedure was followed and whether policy was properly applied to the relevant facts.
:7. The facilitator may rule out of order issues that are not relevant to the scope of the appeal.
 
 
''[Board Approved 10/27/12]''

Revision as of 15:30, 14 December 2015

A. The policy in this section applies to decisions that were made by the Administrative Committee (AdCom) or by staff with respects to the Administrative Code.

B. If the decision to be appealed was originally made by the AdCom then the Appeals Committee shall be the Administrative Committee Appeals Committee (ACAC). Otherwise the Appeals Committee shall be AdCom.

C. The ACAC shall consist of:

a. The Administrative Member Advisor
b. The AdCom Chair
c. The Vice President of Internal Affairs
d. The Executive Director

D. The Administrative Member Advisor, Administrative Committee Chair, and Operations Manager will screen all appeals to ensure that they conform to II.XVIII.H before sending the case to the Appeals Committee.

E. The member who initially brought the AdCom case, the AdCom Chair, or the Operations Manager may appeal any AdCom decision. The Administrative Member Advisor shall inform the member of their rights to appeal.

F. All appeals must be filed no later than five (5) business days after the date the appellant was notified of the decision.

G. The appellant must submit a document outlining the reasons for their appeal and the decision that they wish the Appeals Committee to take. The Chair of the Appeals Committee shall appoint someone to represent the decision that the Enforcement Committee made and submit a report summarizing the case and the Enforcement Committee’s reasoning.

H. Appeals may be made for the following reasons:

a. New evidence that could not be presented at the time of the original AdCom meeting.
b. Procedural error.
c. Gross misapplication of policy.

I. The Chair of the Appeals Committee shall designate a specific amount of time for opening statements, questions, closing statements, and deliberation. The time allotted to both parties must be the same.

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

K. In between terms all appeals shall be heard by Cabinet.