Appeals under 600.030, 600.040, and 600.050 are limited to the following grounds:
- A procedural irregularity that affected the outcome of the matter (e.g., material deviation from established procedure, etc.
- To consider 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 / Equity Officer, Investigator(s), or decision-makers 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 sanctions fall outside the range typically imposed for the offense, or for the cumulative conduct record of the Respondent.
Appeals are not full re-hearings and are intended to be deferential to original findings.
- Record of the Case (i.e., investigative report, exhibits, recordings).
- Written documentation (i.e., decision-maker(s) determination).
- Relevant documentation regarding grounds for appeal.
Requests for appeal must be submitted in writing to Appellate Officer within five (5) business days of delivery of notice of dismissal or written determination. When any Party requests an appeal, the opposing party will be notified and receive a copy of the request for appeal. The non-appealing Party may file a response to the request for appeal within 5 business days of delivery of notice and copy of request for appeal discussing whether sufficient grounds for appeal have not been met, and/or discussing the merits of the appeal. Appellate Officer may grant reasonable extensions to deadlines in the appeal process to a Party, with notice provided to the other Party.
The Appellate Officer will review the Request for Appeal with the following criteria in mind:
- Is the request timely?
- Is appeal based on articulated bases for appeal?
- If viewed in light most favorable to appealing Party, does the appeal state grounds that could result in an adjusted finding or sanction?
The Appellate Officer will reject the request for appeal if any of the above requirements are not met. The decision to reject the request for appeal is final and further appeals and grievances are not permitted. The Appellate Officer will render a written decision whether the request for appeal is accepted or rejected within fifteen (15) business days from receipt of the request for appeal. If no written decision is provided to the Parties within fifteen (15) business days from receipt of the request, the appeal will be deemed accepted.
The Appellate Officer will provide a written decision on the appeal simultaneously to all Parties within ten (10) business days from accepting the request for appeal. This decision will describe the result of the appeal and the rationale for the result. In the event the Equity Resolution Appellate Officer is unable to render a written decision within ten (10) business days from accepting the request for appeal, the Equity Resolution Appellate Officer will promptly notify the Parties in writing of the delay.