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Title IX- Appeals



Appeals Process

An appeal is not intended to be a new investigation. In most cases, an appeal is confined to a review of the written documentation and pertinent documentation regarding the grounds for appeal. An appeal is not an opportunity to substitute judgment for that of the investigation team merely because of disagreement with the finding and/or recommended sanction. Appeal decisions are to be deferential to the investigative team for students, faculty, administration, or staff, making changes to the finding only where there is clear error and to the sanction only if there is a compelling justification to do so. Disagreement with the finding or sanctions is not, by itself, grounds for an appeal.

The ONLY grounds upon which an appeal may be made are:

  • Procedural Error
  • New Information
  • Disproportionate Sanction(s)

Either party may appeal the investigative team’s decision regarding finding and/or recommended sanctions. The written appeal should be submitted to the Assistant Vice President for Equity, Diversity and Inclusion and Title IX/504 Coordinator within five (5) business days following the receipt date of the investigation report and finding letter. The non-appealing party will receive notice of the appeal from the Assistant Vice President for Equity, Diversity and Inclusion and Title IX/504 Coordinator and will have five (5) business days to submit a written response to the appeal to the Assistant Vice President for Equity, Diversity and Inclusion and Title IX/504 Coordinator.

 

Appeal Committee Selection

The Assistant Vice President for Equity, Diversity and Inclusion and Title IX/504 Coordinator will assemble at least three (3) individuals from the trained pool of faculty, staff, and academic administrators who serve as Deputy Title IX Coordinators, responsible administrators, investigators, and/or members of the Grievance Panel to form an appeals committee to review the case and appeal statements, and determine if the grounds for the appeal are substantiated. Every effort is made to identify and mitigate potential conflicts or bias in selecting members of the appeal committee. Each party has the opportunity to identify potential conflicts. The review of an appeal typically occurs within ten (10) business days of notification of a contested finding and/or sanction.

In the event that the responding and reporting parties differ in classification, the composition of the appeal committee will provide balanced representation for each party involved. For example, when the responding party is a student and the reporting party is a faculty member, the appeal committee will have a balanced number of appeal committee members from faculty or Academic Affairs and Student Affairs.

In addition, for faculty and staff, each appeal committee may include one of the following responsible administrators:

  • If the responding party is a faculty member:the Associate Provost and Dean of College Programs or the Assistant Provost and Director of the Office of Institutional Effectiveness and Planning.
  • If the responding party is a member of the administration or staff: the Assistant Vice President for Human Resources, or the Director of Human Resource Services.

If a discrimination allegation relates to a Promotion and Tenure Committee action, including, but not exclusive to retention and tenure decisions, the appeals committee will consist of two (2) members appointed by the Assistant Vice President for Equity, Diversity and Inclusion and Title IX/504 Coordinator and additionally supplemented by representation of three (3) of the ten (10) members of the Grievance Panel as defined in the Faculty Handbook.

 

For more information on the appeals process and potential outcomes, refer to the policy (Section IV).

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