The Appeal Process

A respondent or complainant may appeal: (1) a determination regarding responsibility; and/or (2) the College’s dismissal of a complaint or any allegations therein. Any party may submit an appeal in writing to the Title IX Coordinator within 5 days from the delivery of the Notice of Outcome or, in the case of an appeal of a dismissal, the written notification of the dismissal notice. If a party’s appeal does not meet the grounds in this policy, the appeal chair will deny the request and send the parties and their advisers a written notice of the denial and the rationale, but an appellate panel will not be convened.

The Title IX Coordinator will designate a three-member appellate panel that will consist of the provost/dean of the faculty (or the dean’s designee), serving as chair, and two additional members who may be staff or faculty at the College or external to the College, at the discretion of the Title IX Coordinator. The appeal panelists will not include any of the same individuals who served as hearing chair/panelist, the investigator(s), or the Title IX Coordinator. The eligible grounds on which an appeal may be based are:

Procedural irregularity that affected the outcome of the matter. An appeal based on procedural irregularity must identify with specificity each alleged irregularity within the dismissal, investigative, and/or hearing process and the ways in which the specified irregularity or irregularities substantially affected the Dismissal, Investigation, and/or decision of the hearing chair/panel to the detriment of the appealing party. Disagreement with the finding or sanction is not, by itself, a ground for appeal;

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. If a party declined to participate or withdrew from the process, the appellate panelists will not consider information that the party could have provided if they had fully participated in the process; and/or

The Title IX Coordinator, investigator, or hearing chair/panelist(s) had a conflict of interest or bias for or against complainants or respondents generally or the specific complainant or respondent in the matter that affected the outcome of the matter. An appeal based on conflict of interest or bias must explain how the Title IX Coordinator, investigator(s), or hearing chair/panelist(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. The parties are afforded multiple opportunities throughout the process to appeal based on potential conflicts of interest or alleged bias and must indicate any potential conflict of interest or alleged bias through these opportunities (such as upon receiving notice of the investigators or hearing chair/panelists assigned to the matter) so that they are immediately addressed before the process moves forward. As such, only newly known or newly apparent conflicts of interest or bias will be considered at this stage.

Excessiveness or insufficiency of the sanction. An appeal based on the imposed sanction must explain why the sanction is inappropriate based on the weight of the information provided during the investigation, hearing, and/or sanction phases of the process.

Dissatisfaction with the outcome does not constitute grounds for appeal.

As their appeal, a party may provide a written submission sent to the Title IX Coordinator for consideration by the appellate panel. The written statement must be prepared by the student and be no longer than five (5) single-spaced typed pages using size 12-point Times New Roman font and one-inch margins. No attachments or exhibits will be accepted; references to evidence should be made to cited portions of the hearing chair/panel’s decision, the Investigative Report, materials included with the Investigative Report, or, in the case of a dismissal of a complaint or allegation, to the dismissal notice.

If either the complainant or the respondent submits an appeal, the Title IX Coordinator will notify the other party. The non-appealing party will then have an opportunity to review the appeal and submit a written response to the Title IX Coordinator for consideration by the appellate panel. This response must be submitted within five (5) days after receiving the appealing party’s appeal and it must be written by the party and be no more than five (5) single-spaced typed pages using size 12-point Times New Roman font and one-inch margins. If both the complainant and the respondent appeal, the appeals will be considered concurrently by the same appellate panel and each party will have the opportunity to review and respond to the other party’s appeal.

The purpose of an appeal is not to initiate a review of substantive issues of fact or for a new determination of whether a violation of the Policy has occurred. The appellate panel is strictly limited to determining if an appeal should be granted based on the above four grounds for appeal. In making a determination, the appellate panel will have access to and the ability to review all applicable documents, including the complete Investigative Report, all exhibits, impact statements, a recording and/or transcript of the hearing (if applicable), and any other case-related materials that may aid the appellate panel in its determination. The appellate panel may also request additional information from the investigator(s), the Title IX Coordinator, and/or hearing chair/panel regarding issues of procedural irregularity or new evidence. Additionally, in the event that inaccurate facts or information outside the scope of the Policy or the investigative record is submitted to the appellate panel, those portions of the information may be redacted and/or the Title IX Coordinator may provide clarification. The appellate panel may take the following actions:

• Affirm the decision and/or sanction;
• Revise the sanction;
• Vacate the decision and/or sanction and send the matter back to the hearing chair/panel or investigator(s), or a different hearing chair/panel or investigator(s) for further consideration; and/or
• Take other action as deemed appropriate by the appellate panel.

If the matter is returned to a hearing for further investigation, the appellate panel will provide instructions regarding the nature and extent of the reconsideration. Following reconsideration by the hearing chair/panel or investigator(s), further proceedings will be conducted as appropriate.

The appellate panel will notify the complainant and the respondent of their decision in writing. Appeal decisions will be rendered generally within fifteen (15) business days after the appellate panel meets to consider the appeal, depending on the availability of the appellate panel. The Title IX Coordinator will notify the parties if there is a delay. There is no further recourse beyond the decision of the appellate panel.

Sanctions Status During the Appeal

Any sanctions imposed as a result of the hearing are stayed during the appeal process. Supportive measures may be reinstated or continue, subject to the same supportive measure procedures above.