Nate Miles Appeals

Updating an ongoing story, UCONN Hoops freshman Nate Miles has filed an appeal with the University in an effort to reverse his expulsion.  http://www.connpost.com/sports/ci_10691306.  According to his legal guardian Sean Patterson, the intent of the appeal is academic, not athletic.

As noted in ctsportslaw.com last week, the restraining order directed against Miles has been dismissed after both Miles and his accuser failed to appear in Rockville Superior Court.  However, Miles is still prohibited from having any contact with the woman.  His next criminal court date is in November.

The exact  appellate procedure is unclear, but a link to the UCONN Dean of Students web page shows the various forms of punishment and procedure that may be applicable.  http://www.dos.uconn.edu/student_code_partiv.html

According to the UCONN student code, the appeallate body can address any/all of the following issues:

  1. To determine whether the Student Conduct Hearing was conducted in conformity with prescribed procedures giving the Complaining Party a reasonable opportunity to prepare and to present information that The Student Code was violated, and giving the Accused Student a reasonable opportunity to prepare and to present a response to those allegations.
  2. To determine whether the sanction(s) imposed were appropriate for the violation of The Student Code which the student was found to have committed.
  3. To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Student Conduct Hearing.

It remains to be seen when the appeal will go forward.  We will keep monitoring the situation.

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