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4.4.8.9 : Appeals

Grounds for Appeal

The complainant or respondent may appeal the determination or any dismissal of the complaint on the following grounds only:

  • Question of Procedure: there was a procedural irregularity that affected the outcome;
  • New Evidence: there is new evidence not reasonably available that could affect the outcome;
  • Conflict of interest or Bias: there was a conflict of interest or bias by the institutional participants that affected the outcome.
  • Severity of Sanction: the sanction, punishment, or the corrective action imposed is disproportionate to the violation. Mere dissatisfaction with the sanction is not grounds for appeal.

 

Appeals must be filed with the Title IX Coordinator/Deputy Coordinator within five (5) business days of receiving the outcome notification letter. The Title IX Coordinator/Deputy Coordinator will forward the request to an Appeals Officer.

 

The appeal must be in writing and contain all of the following information:

  • Name of the complainant
  • Name of the respondent;
  • A statement of the determination of the complaint, including corrective action, if any;
  • A detailed statement of the basis for the appeal including the specific facts, circumstances, and argument in support of it; and
  • Requested action, if any.

 

When an appeal has been filed, the non-appealing party will be (1) notified of such in writing within ten (10) business days of the submission of the appeal and (2) allowed to submit a written statement in response. The appealing party may request a meeting with the Appeals Officer, but the decision to grant a meeting is left to the Appeals Officer’s discretion. However, if a meeting is granted, then the other party will be granted a similar opportunity.

 

Resolution of the Appeal

The Appeals Officer will resolve the appeal within twenty (20) business days of receiving it and may take any and all actions that they determine to be in the interest of a fair and just decision. The parties will be notified in writing if the Appeals Officer’s decision will take longer than 20 business days and the basis for the reasonable delay.

 

The decision of the Appeals Officer is final.

The Appeals Officer shall issue a written decision describing the appeal and the rationale for the result that is provided to the parties simultaneously.

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