29.17 President's Review and Decision

  1. After reviewing the record and recommendations of the hearing officer and the Panel, if the case has been reviewed by a Panel and the Panel has forwarded its recommendations within twenty-five days of the request for review, the President will determine what sanction or sanctions, if any, shall be imposed. In making such decision, the President shall give great weight to the recommendations of the Panel and shall be bound by the burden of proof standard established in II-29.11 of these regulations. There will be no oral argument before the President. Either party may submit an additional brief to the President, within five days of the matter being referred to the President. The President shall communicate his or her decision to the Chairperson of the appropriate Judicial Commission within thirty days of the case being referred to him or her. In the absence of a decision by the President within thirty days, the recommendation of the Panel, if one has been made, shall become the decision of the case; and the recommendation of the hearing officer shall become the final decision if the President fails to make a decision within thirty days and there is no timely recommendation from the Panel. In any event, the parties shall be informed in writing of the final disposition of the case ad of the fact that the decisions will be implemented, subject only to a decision by the Board of Regents to accept from the person charged a request for review.
  2. If the President accepts the recommendation of the Panel if one is submitted within the twenty-five-day period or imposes a lesser sanction than that recommended by the Panel, appropriate administrative action shall be taken to implement the decision and the case will be deemed closed, subject only to a decision by the Board of Regents to grant a request for review from the person charged. If the President rejects the recommendations of the Panel, the case shall be returned to the submitting Panel along with a written statement of the President's reasons for the action taken, a copy of which shall be provided to the person charged. Within seven days of receiving the case from the President, the Panel shall reconsider it and report its recommendation to the president. The President shall then make a final decision, giving great weight to the Panel recommendation, and have the decision implemented administratively. At this point, the case shall be deemed closed, subject only to a decision by the Board of Regents to grant a request for review from the person charged.