College of Optometry (CO) 2023–2024 116 within five business days (excluding holidays and weekends) after the date of receiving notification of the dean’s decision. Any appeals not submitted to the chair of the appeals board within this time frame shall not be heard. The appeal must contain a concise statement of all relevant facts and the result sought. No new evidence may be introduced during the appeals process. Academic issues are the sole province of the faculty and administration of the CO. Appeals to this appeals board, which is not constituted solely of optometry faculty or administrative personnel, must be based exclusively on procedural error committed by the SPAC, the Honor Court, or the dean. In the letter of appeal submitted by a student, the precise procedural error that allegedly occurred must be identified, and no other elements may be considered by that committee. It shall be the responsibility of the chair to review all letters of appeal, forwarding to the appeals board for a full hearing only those appeals that are based explicitly and exclusively on disputed procedural errors and do not attempt to introduce new information. The appeals board does not possess the mandate to conduct a separate hearing on academic or disciplinary matters. The appeals board has only two options available: it can uphold the initial decision, or it may remand the case to the dean for correction of the procedural error. Appeals Board Membership The appeals board shall consist of an HPD administrative designee, two faculty members, and a chair from the college faculty appointed by the dean of the CO. The assistant dean for Student Affairs and Admissions and the associate dean for Academic Affairs are ex officio members of the appeals board. Hearing Process and Protocol The appeals board hearing will proceed under the direction of the chair, and summary notes of the hearing must be taken. The student will be notified of the date, place, and time of the hearing via the student’s NSU email account and regular mail to the student’s registered address by the chair of the Appeal’s Committee, with a copy to the dean, the associate dean for Academic Affairs, and the assistant dean for Student Affairs and Admissions. Any student who fails to appear at the designated place, date, and time will automatically waive the right to appeal. The student will be present only during the student’s testimony. At this time, the student will have the opportunity to present the appeal, provide statements and evidence in support of the alleged procedural violation(s), appeal the degree of disciplinary action, summarize the student’s position, and respond to any questions from the board members. Legal representation or any other form of representation is prohibited during the hearing. The student can provide the chair with a list of witnesses the student may have, in writing, no later than three business days before the hearing date. The appeals board may question the witnesses during the hearing. The appeals board will have the option of calling more witnesses. The witnesses will be dismissed following their testimony. The student shall not be present during the questioning of any witnesses. Once the meeting is convened, the chair will advise the board members of the charge(s) and the dean’s decision. The associate dean for Academic Affairs will present the case on behalf of the CO. The board members will review the evidence, respond to any questions, and provide opportunity for any additional input from the ex officio member, the assistant dean for Student Affairs and Admissions. The board members will render a decision on the student’s appeal by majority vote of the voting members in attendance. The board may delay the vote if it determines that additional information or facts are needed before a vote. The chair will participate in the voting process only in the case of a tie or if the chair is counted to make a quorum.
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