Title IX- Student Responding Party
Determination of Finding
For student responding parties, the investigative team decides whether or not there is sufficient information to support finding a policy violation and also recommends sanctions and remedies.
For student sexual misconduct, the recommended finding and sanctions/remedies are finalized by the Title IX Coordinator.
Finding of In Violation for Student Responding Party:
If the investigative team finds that the responding party is responsible for a policy violation, the Title IX Coordinator will notify the reporting party and the responding party of the finding, sanctions, and remedies in writing, without undue delay between notifications.
If the investigative team finds violations of other policies (for offenses outside the policy on Discrimination, Harassment, Sexual Misconduct and Retaliation), this information will be included in the notification letter.
- The parties will receive written notification of the outcome of the investigation typically within 1-2 days of the Tile IX Coordinator's review. This written notification will inform the parties about the finding, sanctions, and remedies, rationale for the determination, when a decision is considered final, that sanctions are in effect immediately unless otherwise indicated by the Title IX Coordinator, and will include information on the right to appeal, and the procedures for doing so in accordance with the standards for appeal established by the policy.
- In some circumstances involving a finding of "in violation," the Title IX Coordinator may institute other forms of remedial, community-based responses, such as educational initiatives and/or trainings, as the Title IX Coordinator determines appropriate under the circumstances.
- The reporting and/or responding party may appeal the outcome of the investigation.
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 or hearing panel merely because of disagreement with the finding and/or recommended sanction/remedy. Appeal decisions are to be deferential to the investigative team and/or hearing panel, 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/remedy 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)
For more information on the appeals process and potential outcomes, refer to the policy (Section IV).
Appeal Committee Selection
The Title IX Coordinator will assemble at least three (3) individuals from the trained pool of Deputy Title IX Coordinators, responsible administrators, investigators, faculty, staff, 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 and those individuals will be replaced unless individuals remaining in the trained pool have been exhausted. The review of an appeal typically occurs within ten (10) business days of notification of a contested finding and/or sanction.
Composition of the appeals committee for contested findings and/or sanctions are as follows:
- If the responding party is a student, a minimum of two (2) hearing panel members will be selected from Student Affairs.