Appeals

XIII. Appeals

Procedure:

 A party may appeal the determination of responsibility or sanction imposed, or the dismissal of a Formal Complaint or any allegations therein, by filing their full and complete written appeal with the Vice President for Finance and Administration (for staff or administration Respondents) or the Vice President of Academic Affairs (for faculty Respondents) within ten (10) business days of the date of the letter of notification of the decision being appealed, unless that time is extended in writing by the Vice President.  Appeals may be based only on the following reasons:

1. New evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made that could affect the outcome of the matter

2. Procedural irregularity that affected the outcome of the matter

3. Conflict of interest or bias of the Title IX Coordinator, investigator(s), or decision-maker(s) for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter

4. Appropriateness of disciplinary action

All materials supporting any appeal must be submitted at the time the appeal is filed. The Vice President will advise the non-appealing party in writing of the receipt of an appeal and will provide a copy of the appeal to the non-appealing party. The non-appealing party(ies) will have ten (10) business days from the date of their receipt of the appeal to respond in writing to the appeal. A copy of the response will be issued to the appealing party. No additional review or response to submissions related to the appeal may be made by either party after this point, unless requested by the Vice President.  After receipt of the non-appealing party’s response, the Vice President will determine the disposition of the appeal.  For decisions involving termination as a sanction, the Vice President will confer with the President of the University as part of their determination process.

Disposition of Appeals by the Vice President:

The Vice President may:

1. Affirm the action taken.

2. Reverse the decision and refer the case back for reconsideration.

3. Reverse the decision, in whole or in part, and vacate or modify any disciplinary action.

4. Reverse or impose different disciplinary action.

The Vice President will advise both parties in writing of the decision on appeal and the rationale for the result within ten (10) business days of submission of the non-appealing party’s response. Decisions by the Vice President are final.  

The determinations regarding responsibility and disciplinary action become final on the date that the Vice President provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which the appeal would no longer be considered timely.