Appeals are not intended to be a full rehearing of the Complaint Process. In any request for an appeal, the burden of proof lies with the party requesting the appeal, as the original determination and sanctions are presumed to have been decided reasonably and appropriately. Appeals are limited to a review of relevant appeal materials based upon the grounds stated below. A party wishing to seek an appeal must submit their written appeal with the Office of Equal Opportunity & Title IX within five (5) calendar days of the written determination. The deadline by which an appeal must be filed will be communicated in the written determination. Failure to file an appeal by the deadline means the determination of the hearing officer(s)/decision maker(s) become(s) final.
The review on appeal is limited to the record, except in appeals based on newly discovered evidence that could affect the outcome of the matter and that was not reasonably available at the time the determination regarding responsibility or dismissal was made. In such appeals, newly discovered evidence may be considered on appeal notwithstanding its absence from the record.
Within five (5) calendar days, any party may appeal from a determination regarding responsibility, and from the University’s dismissal of a formal complaint or any allegations therein, on the following bases:
- Procedural irregularity that affected the outcome of the matter;
- New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
- The Title IX Coordinator, investigator(s), or hearing officer(s)/decision maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter;
Within three calendar days of receiving a timely filed, written appeal, grounded on one of the three bases stated above, the University will notify the other party in writing that an appeal has been filed. This notice will inform the other party of their right to respond to the appeal. The other party will receive access to a copy of the Appealing party’s written appeal in order to prepare a response. The other party will have five (5) calendar days to submit a written response to the appeal. The response is limited to addressing the appeal within the bases stated above.
The Appellate Officer (decision maker for tan Appeal) will review all relevant documents related to the matter, including but not limited to, the record from the hearing, the written appeal, and appeal response. A written decision describing the result of the appeal and the rationale for the result, will be issued to the parties, simultaneously, within five (5) calendar days of receiving a timely filed written response to the appeal, or, if a timely filed written response is not received, within five (5) calendar days of the due date of such response.
The decision of the Appellate Officer is final.