Current through Register Vol. 24-06, March 15, 2024
(1) The parties
shall have the right to appeal from the initial order's determination of
responsibility and/or dismissal of an allegation(s) of sexual harassment in a
formal complaint. The right to appeal will be subject to the following
procedures and time frames:
(a) An appeal may
be filed in writing with the president's office within twenty-one days of the
notice of initial order, with copies to all parties and the Title IX
coordinator.
(b) The request for
appeal must include a brief statement explaining the grounds for the appeal or
why the party is seeking review. Disagreement with the initial order and/or
sanctions does not, by itself, represent grounds for appeals.
(c) Decisions may be appealed for one or more
of the following:
(i) To determine whether
there was a procedural irregularity that substantially affected the outcome of
the initial order. Deviation from designated procedures is not a basis for
sustaining an appeal unless significant prejudice results.
(ii) To consider new evidence, sufficient to
alter a decision, that was not reasonably available during fact finding and
cross-examination, because such information and/or facts were not known, and
the student bringing the appeal had no duty to discover or could not have
reasonably discovered facts giving rise to the issues during investigation,
live hearing, or fact finding. Refusal to participate during the investigation
or live hearing does not constitute a right to appeal.
(iii) The Title IX coordinator or designee,
investigator(s), or 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.
(d) A party who timely appeals a decision
under this procedure, has a right to a prompt, fair, and impartial review of
their appeal.
(e) Supportive
measures will remain in effect pending an appeal.
(f) Complainants are afforded the same right
to appeal as respondents. If both parties appeal the decision, the appeals will
be reviewed in the order in which they are filed or reviewed together, if they
state the same, similar, or related grounds or substance for appeal.
(2) The president or their
delegate will determine whether the grounds for appeal have merit, provide the
rationale for this conclusion, and state whether the disciplinary sanction and
condition(s) imposed in the initial order are affirmed, vacated, or amended,
and, if amended, set forth any new disciplinary sanction and/or
condition(s).
(3) The president's
office shall serve the final decision on the parties simultaneously.
