J. POST-TRIAL (For cases reported on or after September 18, 2005)

1. Appeals

Purpose: The purpose of the appeal process is to allow a dismissed student to present his or her claims, if any, regarding the timeliness or fairness of the Honor proceedings leading to his or her dismissal, whether as a result of a guilty verdict following an Honor trial or as a result of a LAG (as defined in Section IV.H, above). In the case of dismissal following an Honor trial, the appeal process also provides an opportunity to present certain "new evidence." A successful appeal may result in the granting of a new Investigative Panel hearing, a new trial, or a dismissal of the charges, in the discretion of the Executive Committee. (The procedures set forth in this Section IV.J describe the exclusive avenue for appeals of Honor convictions and LAGs, and encompass, in a single set of procedures, both what previously have been referred to as "appeals" and as "grievances.")

a. Appeal Grounds and Time Limits for Filing Appeals

The dismissed student may file an appeal on either of two grounds:

i. Appeal for new evidence. Within two (2) years following the applicable trial date, a dismissed student may file an unlimited number of appeals based on new evidence. For purposes hereof, "new evidence" is defined as evidence that (A) is within the scope of evidence deemed, by the Pre-Trial Conference, to be admissible at trial, and (B) was not known by the dismissed student to exist at the time of trial and/or was not available at the time of trial.

ii. Appeal for good cause. Within thirty (30) calendar days following the applicable trial date, a dismissed student may file a single appeal for good cause (including an Expedited Appeal for good cause, if the dismissed student elects to file such Expedited Appeal). In the case of a student dismissed following a LAG, such thirty- (30-) day period shall commence on the effective date of the LAG. For purposes hereof, appeals for "good cause" shall include, without limitation, appeals relating to the fundamental fairness and/or timeliness of the applicable proceedings.

b. Form of Appeal(s)

All appeals must be in writing, and must be submitted to the Vice Chair for Trials. Each appeal must include the following two elements:

i. An appeal letter, addressed to the Vice Chair for Trials, and delivered to the Vice Chair for Trials within the time limits set forth in Subsections (a)(i) and (a)(ii), above, as applicable. Such letter should set forth the dismissed student's name and trial date (if applicable), and describe the ground(s) on which the appeal is filed (i.e., new evidence or good cause).

ii. An appeal "brief," delivered to the Vice Chair for Trials within fourteen (14) calendar days of the appeal letter described in Subsection (b)(i), above. Such brief should include a detailed prose narrative outlining the issue(s) on appeal, detailed arguments supporting each issue raised in the appeal, and any relevant attachments or information necessary to determine the factual accuracy of any claims raised in the appeal.

The Vice Chair for Trials shall forward the appeal letter and the appeal brief to the Executive Committee for review.

c. Expedited Appeals

In order to invoke the benefits of an Expedited Appeal, as described in Section IV.I(b) of these By-Laws, entitled Effects of Guilty Verdicts (i.e., the postponement, until the conclusion of the Expedited Appeal, of the usual consequences of dismissal following conviction at an Honor trial), a dismissed student may elect to file a single Expedited Appeal for new evidence and/or a single Expedited Appeal for good cause.

In order to file an Expedited Appeal, the dismissed student must:

i. indicate his or her intention to file an Expedited Appeal, on a form to be provided by the Committee, and complete, sign, and deliver such form to the Vice Chair for Trials no later than 5:00 P.M. on the first Wednesday following the date of the trial, and

ii. file an appeal letter and an appeal brief, in each case meeting the requirements of Subsection (1)(b), above, within fourteen (14) calendar days following the date of the filing of the Expedited Appeal election form.

d. Extension of Deadlines

Students are expected to comply with all of the deadlines set forth in these By-Laws for the filing of Expedited Appeal forms, appeal letters, and appeal briefs, and may be granted an extension only upon a showing of good cause, in the sole discretion of the Executive Committee.

2. Action by the Executive Committee

Upon receipt of the dismissed student's appeal brief from the Vice Chair for Trials, the Executive Committee shall:

a. Determine whether the dismissed student has raised in his or her appeal a substantial question (a "Substantial Question") relating to the fairness (whether by reason of a claim of good cause or a claim of new evidence) or the timeliness of the Honor proceedings leading to his or her dismissal which (i) very likely has a factual basis, and (ii) more likely than not affected the outcome of such proceedings.

b. If the Executive Committee determines that a student's appeal raises a Substantial Question, the Executive Committee shall forward the case to an Appeal Commission (as described in Section 3, below).

c. If the Executive Committee determines that a student's appeal does not raise a Substantial Question, the Executive Committee shall dismiss the appeal.

d. Decisions by the Executive Committee shall be made by a majority vote.

e. If an Executive Committee member has served as an Advisor, as Counsel, as a member of the Investigative Panel, as Pre-Trial Coordinator, as Official Observer, or as Trial Chair in the case on appeal

i. such Executive Committee member shall be excluded from the Executive Committee's proceedings regarding the appeal under review, and

ii. the Vice Chair for Trials shall appoint another member of the current Honor Committee to assume such Executive Committee member's responsibilities for the appeal under review.

In the event that the Vice Chair for Trials must him- or herself be excluded from consideration of the appeal in question, the Vice Chair for Investigations shall appoint another member of the current Honor Committee to assume the Executive Committee responsibilities of the Vice Chair for Trials. In such cases, the Vice Chair for Investigations will appoint the Appeal Commission, but the Vice Chair for Trials may nevertheless perform purely administrative functions (including, without limitation, receiving and forwarding appeal filings).

3. Appeal Commission

Purpose: To review the appeal brief forwarded by the Executive Committee, determine whether sufficient grounds exist to grant relief, and recommend relief, if necessary, to the Executive Committee.

a. The Appeal Commission shall be comprised of three (3) Honor Committee members, appointed by the Vice Chair for Trials, in his or her sole discretion. The Vice Chair for Trials shall designate one Commission member to serve as Commission Chair. The Commission Chair shall be responsible for coordinating meetings and witness interviews, if applicable, for reporting on the appeal to the Executive Committee, and for such other logistical matters as may arise from time to time.

b. Upon receiving the appeal brief from the Executive Committee, the Appeal Commission shall review the arguments raised in the brief. The Commission shall have the authority to review, without limitation, all transcripts, documents, and materials of any kind retained by the Honor Committee. The Commission may request interviews and additional information from related parties, and gather other information as it deems necessary.

c. The Commission Chair may request the appointment of an impartial investigator to investigate any claims set forth in the appeal brief. Upon such request, the Vice Chair for Trials shall appoint a trained member of the Counsel pool to serve as the impartial investigator. The investigator shall have full authority to collect evidence, to interview witnesses, and to pursue further actions deemed necessary to review fully the arguments in the brief.

d. Decisions of the Appeal Commission shall be made by majority vote.

e. The Appeal Commission shall recommend whether or not to grant relief. If the Commission recommends granting relief, the Commission shall also recommend a specific form of relief to be granted. The Commission may recommend any action in response to an appeal (including, without limitation, the dismissal of the appeal, the granting of a new Investigative Panel hearing, the granting of a new trial, and the dismissal of the Honor charge(s)).

f. The Appeal Commission shall recommend granting relief if it determines, by a greater weight of the evidence, that there is a factual basis for the claims alleged in the appeal brief, AND:

i. the dismissed student was denied a substantive and material right explicitly granted in the Honor Committee Constitution or By-Laws, or

ii. the dismissed student was denied a "full and fair hearing," or

iii. the Honor proceedings were not conducted objectively and in accordance with established Honor Committee procedures, or

iv. the Honor proceedings were not conducted in a timely manner (unless delays were significantly caused or contributed to by the dismissed student's actions or failure(s) to act), AND

such denial or failure very likely affected the outcome of the proceedings.

g. The Appeal Commission shall conduct its investigation and submit its recommendations to the Executive Committee within fourteen (14) calendar days of referral of the appeal brief from the Executive Committee. If completion within such fourteen- (14-) day period is not reasonably possible, the Executive Committee may extend such period as reasonably necessary for such process to be completed.

h. The Commission Chair, or a Commission member designated by the Commission Chair, shall prepare a verbal Commission recommendation(s) to be presented at the next meeting of the Executive Committee. The verbal recommendation(s) shall include the decisions of the Commission and the basis on which said decision(s) was made.

i. The Executive Committee shall review the Commission's recommendation(s) and, by majority vote, may accept any or none of the Commission's recommendation(s).

j. In the event that the Executive Committee elects not to accept the recommendation(s) of an Appeal Commission, the Executive Committee may, in its sole discretion, appoint a second Appeal Commission to conduct a further review of the appeal brief and a further investigation, if applicable, of the claims set forth in the appeal. The rules governing appointment, time limits, voting and other matters concerning the second Appeal Commission shall be the same as for the initial Appeal Commission, as set forth above. The Executive Committee shall review the second Appeal Commission's recommendation(s) and may accept any or none of such recommendation(s). The Honor Committee contemplates that the appointment of a second Appeal Commission shall occur rarely and, in the event that the Executive Committee elects not to accept the recommendation(s) of any such second Appeal Commission, the decision of the Executive Committee shall be final and no further review by any Appeal Commission shall be initiated. (Language added, September 18, 2005)