Appeals

Either the Complainant or Respondent may appeal a decision to dismiss a Formal Complaint or any allegations therein, as discussed above.  The Hearing Officer/Decision Maker’s decision regarding responsibility is also appealable. Appeals must be submitted by the party in writing through the online appeal form by the designated deadline in the issuance of an appealable decision within five (5) business days. If neither party requests a timely appeal, any Outcome imposed will take effect immediately at the end of the five (5) business day appeal timeline. Any exceptions to the timeline are made at the discretion of the Title IX Coordinator.

Appeal requests are subject to the procedures outlined below. The written appeal must be clear, specific, and contain a detailed statement regarding the grounds for appeal. Appeals are not re-hearings of the case or evidence. The decision will be based solely on the investigation and hearing record, including the written appeal, the Investigation Report(s), any responses to the Investigation materials, and the Notice of Determination and included rationale.

Grounds for Appeal

Only appeals based on the following grounds will be considered by the Appeal Board. Appeal requests that do not allege one of the following grounds will not be considered and will be summarily denied by the Appeal Board:

New Evidence

Discovery of new evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made, that substantially affected the outcome. Withholding or not identifying relevant information or declining to participate in the original investigation is not grounds for an appeal based on the discovery of new evidence. If the appeal is based on new evidence the request must outline the following:

• Source of new information and complete explanation of that information;
• Name(s) of who can present this information;
• Reason(s) why this information was not presented at the original investigation and;
• How this new evidence would substantially affect the outcome.

Procedural Irregularity

If it is believed there was an irregularity in the Formal Resolution Procedures (outlined above) that substantially impacted the outcome (e.g., material deviation from established procedures that substantially affected the outcome of the hearing, etc.), the appeal request must outline the following:

• Citation of specific procedural errors with appropriate reference;
• Reason(s) why procedural error was not mentioned in the original investigation; and
• How the procedural irregularity would substantially affect the outcome.

Conflict of Interest or Bias

If there was an actual conflict of interest or bias exhibited by the Investigator, Title IX Coordinator, or Hearing Officer/Decision Maker for or against Complainants or Respondents generally, or the individual Complainant or Respondent that substantially affected the outcome. The appeal request must outline the following:

• Citation of facts demonstrating the bias or actual conflict of interest exhibited by the Investigator, Title IX Coordinator, or Hearing Officer;
• Reason(s) why the bias or conflict of interest was not mentioned in the original investigation; and
• How the bias or actual conflict of interest substantially affected the original finding or outcome.

Appeal Procedures

Once a request for an Appeal is submitted, the Title IX Coordinator will review the appeal to determine whether the appeal states a permissible ground for appeal (as set forth above), such that the appeal will be considered. If the Title IX Coordinator determines that the appeal states a permissible ground for appeal, the non-appealing party will be notified of the appeal and provided an opportunity to respond within five (5) business days of receipt of the appeal.

Appeal will be decided by an Appeal Board appointed by the Title IX Coordinator. The Appeal Board will be comprised of three members trained in both this Policy and appeal process, and the issues related to sexual harassment. The Appeal Board will be:

• Free from conflict of interest or bias and;
• Not involved in the initial investigation in any way including the hearing.

Prior to the Appeal Board review, the Title IX Coordinator will provide both parties with the names of the Appeal Board members to address any concerns of bias or conflict of interest. Should any party be concerned about the bias or conflict of interest of a panel member, that party must raise all objections, in writing, to the Title IX Coordinator. Appeal Board members will only be replaced if the Title IX Coordinator concludes that they have a conflict of interest or bias that may preclude an impartial review of the appeal.

The Appeal Board has the authority to:

• Uphold the original decision;
• Remand the case to the original or another Hearing Officer; or
• Remand the case to the investigative team.

The Appeal Board will simultaneously issue to both parties a written decision describing the result of the appeal and the rationale for the result within thirty (30) business days after receipt of the appeal files. The decision of the Appeal Board is final.