Middlebury Handbook

Appeals are reviewed by different Institute officials and adjudicators than those who reached the initial decisions.

1. Appeals of Conduct Judicial Board Outcomes

A student found responsible by the Conduct Judicial Board of violating MIIS policy has the right of appeal to the VPAA/DOI on one or more of the following grounds:

• discovery of significant new factual material not available to the board with original jurisdiction that could have affected the result; however, prior omission of factual information that the student knew or should reasonably have known about is not a ground for an appeal;
• procedural error where the error prevented fundamental fairness;
• abuse of discretion in the issuance of a sanction, meaning that the board imposed a sanction significantly disproportionate to the offense.

If any of the appeal grounds above are present, the VPAA/DOI or designee, in consultation with other relevant individuals (if needed) may identify the appropriate process for further adjudication. In cases where none of the appeals grounds have been met, the VPAA/DOI may deny the appeal.

2. Procedures

A student found responsible for a Middlebury policy violation by the Conduct Judicial Board, may appeal the decision by submitting a written appeal to the VPAA/DOI within 10 business days of receipt of written notification of the board’s decision. The written notification must include evidence and/or arguments they believe support any of the three grounds for appeal listed above, and their explanation of the evidence or arguments.

The VPAA/DOI shall provide a copy of the written appeal to the ADSS, who will provide the records from the case to the VPAA/DOI. The VPAA/DOI may consult with the ADSS and any other relevant individual regarding the appeal as appropriate.

The VPAA/DOI, in consultation with other relevant individuals (if needed) will make a determination whether the grounds for appeal are present, and if so, what kind of reconsideration is appropriate to address them. This may include reconvening the original board, or referring the matter to the Judicial Appeals Board, as appropriate. This may also include but is not limited to a full rehearing; a limited rehearing; or new outcome and/or sanction deliberations. Notification of the VPAA/DOI's decision will be given to the student within 15 business days of receipt by the VPAA/DOI of the complete records in the case, but failure to meet this notification deadline will not invalidate a decision.

Upon notice from the VPAA/DOI that reconsideration of some kind has been granted, the administrative co-chair of the Judicial Appeals Board will convene the Judicial Appeals Board. It is the responsibility of the VPAA/DOI, in consultation with other relevant individuals (if needed) to determine which aspects of the case merit reconsideration and what procedures should be followed, and to direct the Judicial Appeals Board accordingly. When a full or limited rehearing has been granted, notice will be given to those involved of the date, time, and place of rehearing, which shall be held within ten business days of the notice that the rehearing has been granted, absent exigent circumstances.

For periods of the academic year when MIIS is not in regular session, dates for addressing judicial matters will be scheduled at the discretion of the ADSS.

3. Finality for All Appeals

• If reconsideration is not granted, the original decision stands to take effect as of the date specified in the decision letter.
• All penalties are suspended during an appeal, except in emergency circumstances as discussed above.
• The board hearing an appeal may reverse a decision or mitigate sanctions, but may not increase a sanction.
• Decisions by the VPAA/DOI and the board hearing an appeal are final.