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Policies

Administrative Review Procedure

General

When the Office of Honor (OOH) issues a Decision that results in probation, suspension withheld, suspension, or dismissal of a student, that student may request an administrative review (Review) by the university per the procedures outlined below.

1. Grounds for Requesting a Review

A request for a Review must be based on at least one of the following grounds that the student believes would change the outcome of the Decision:

  • the Decision was not reasonably supported by the facts in the record;  
  • the OOH failed to follow applicable procedures such that the student was not given adequate notice of the nature of the alleged or suspected Honor Code violations or did not have a meaningful opportunity to respond;  
  • the disciplinary action imposed was inappropriate for the violation(s) of the Honor Code; or   
  • the investigation or Decision exhibited prejudice or bias. 

2. Student Status Pending Review

The student requesting the Review will generally not be restricted or excluded from class attendance or from participation in university activities during the Review process. In the case where the student participates in activities as an official representative of BYU–Hawaii, the Dean of Students may exclude the student from such participation if he or she determines that the student’s participation is likely to be disruptive or pose a substantial threat to the functioning, integrity, or reputation of the university or to the well-being or personal safety of the student or others. In all such cases, the dean of students has full discretionary powers and will advise the student of any restrictions and/or exclusions, pending the final outcome of the Review.

3. Delivery of Documents and Extensions of Time

Delivery of a document under these procedures occurs when an individual physically receives the document when it is sent by email to the individual’s email address on file with the university, or three (3) business days after it is sent by U.S. Mail to the individual’s residential address on file with the university.

4. Review Procedures

4.1 Initiating the Review

Once a Decision resulting in a disciplinary action of probation, suspension withheld, suspension, or dismissal of a student, the student may initiate a Review by completing the Administrative Review Form and adding supporting documentation or a written statement in support of the request then submitting it to the dean of students' office within five (5) business days. The request may be emailed or submitted in person to the dean of students' office.

When an Administrative Review Form has been timely delivered, the dean of students will promptly contact the student and the OOH to schedule a Review meeting with the dean of students or his or her designee (Reviewer). If unable to contact the student in person, via phone, or via email, the dean of students will send a letter by mail to the student’s residential address on file with the university notifying him or her of the time and place of the Review meeting.

4.2 Who May Attend a Review Meeting

Both the student and the OOH representative may have one or two individuals physically present in any Review meeting to support and confer with him or her. These support individuals will not, however, be allowed to address the Reviewer nor advocate in the Review unless specifically invited to do so by the Reviewer. Because the Review process is intended to be educational and not adversarial, the student’s support person(s) are not allowed to attend in an attorney capacity or to represent the student in the Review process. A university attorney may be present at Review meeting(s) for the limited purpose of giving counsel to the Reviewer regarding questions about process or procedure.

The Reviewer may also (i) have an assistant present in a Review meeting to take minutes and/or (ii) record the meeting. Any written minutes and/or recordings shall be maintained by the university according to the appropriate retention schedule period.

The student’s participation in the Review is not required; as a practical matter, however, the student’s participation often may be important to the Reviewer in his or her consideration of the information and final determination. Thus, the student is encouraged to make every reasonable effort to participate fully in the Review.

All participants in the Review are expected to maintain confidential any information obtained through the Review; except as required by law, as necessary to carry out this policy, or as may be permitted by the Access to Student Records (FERPA) policy.

4.3 Scope of the Review

The Review is limited to evaluating the specific ground(s) listed above and that have been identified by the student as affecting the outcome of the Decision. The student is encouraged during the Review to discuss his or her feelings, perspective, and/or information that support those grounds.

The Reviewer may make independent inquiries of the OOH, the requesting student, and/or witnesses to clarify information in the record at any time throughout the Review process.

In conducting the Review, the Reviewer will presume that the outcome of the investigation was reasonable and appropriate, and the student carries the burden to demonstrate that at least one of the permissible grounds for requesting the Review is supported by substantial evidence.

4.4 Introduction of New Information

Typically, introduction of evidence outside the record of the original OOH case will not be permitted. On rare occasions, additional relevant evidence that was not reasonably available at the time the Decision was made may come to light. If the Reviewer determines that such evidence is material to the Review, and may result in a change to the Decision, the Reviewer may choose to remand the case back to the OOH for reconsideration. In such a case, the OOH will keep the student apprised of any affirming of, or modification of, its original Decision.

If the student requesting the Review introduces the new evidence, the student must include an explanation as to both why the evidence was unavailable at the time the Decision was made and its potential impact on the outcome.

4.5 The Review Decision

Within fifteen (15) business days of the Administrative Review,, the Reviewer will provide the requesting party and the OHH with a copy of his or her Review decision (Review Decision) upholding, reversing, or amending all or part of the original Decision and providing the Reviewer’s rationale for the result. If the Reviewer cannot reasonably consider and resolve the Review within fifteen (15) business days, the Reviewer will advise the requesting student and the OOH as to when the Review Decision will be provided. Unless the Review Decision is to remand the case back to the OOH for further investigation, the Reviewer’s written decision is final with no option for further appeal.