Appeals for Sexual Harassment, Sex-based Misconduct or Related Retaliation Cases

With respect to allegations of sexual harassment, sex-based misconduct and/or related retaliation, the hearing panel’s decision and the sanction(s) imposed can be appealed by the complainant(s) and/or the respondent(s).

1. Appeals of disciplinary action as a result of a sexual harassment, sex-based misconduct and/or related retaliation complaint must be in writing and made on the basis of one or more of the following grounds:
   
   
   1. A procedural irregularity during the process that significantly impacted the outcome. The appeal must state in writing the procedural irregularity and how it impacted the outcome.
   2. New evidence, not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome. The appeal must state in writing the new information now available and why it was not available during the investigation, and the new evidence must be submitted with the appeal.
   3. The Title IX Coordinator, investigators, or decision-makers had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant(s) or respondent(s) that affected the outcome; and/or
   4. The appropriateness or severity of the sanctions. The reason(s) supporting this must be stated in writing in the appeal.
2. On appeal, the burden of proof rests with the appellant to show that an error has occurred during the hearing process.
3. In order to avoid the appearance of a conflict of interest, appeals of these bases must be directed to an authority who had no previous involvement and/or participation in the investigation and/or decision. In cases of sexual harassment, sex-based misconduct and/or related retaliation involving a student, the appeal must be made in writing to the Senior Student Affairs Officer (Acting Director of Student Affairs) or a designee within five (5) business days after notification of the initial decision.
4. The Senior Student Affairs Officer may handle the appeal or designate, at their discretion, the appeal to another administrator who has received adequate and relevant training about sex-based adjudication. Appeal requests will be reviewed for merit and timeliness. The procedures governing the hearing of appeals include the following:
   
   
   1. The appeals process carries a presumption that the original decision was correct unless a preponderance of the evidence demonstrates that one or more of the conditions of the appeal are met, and that either or both parties was deprived of a fair process.
   2. Members must notify the other party in writing when an appeal is filed and implement appeal procedures equitably for both parties. Parties will be given three (3) business days to review the appeal and submit any written response in support of, or challenging, the outcome to the appellate authority.
   3. The Senior Student Affairs Officer/Appeals Officer has ten (10) business days to reach the decision and provide it to the complainant(s), the respondent(s), and the investigative authority simultaneously to the extent possible. Appellate authorities are exempt from obtaining OGC review of the decision prior to issuance but may request assistance from OGC and SECO when needed.
   4. Circumstances may warrant extensions to the time frames. The Senior Student Affairs Officer /Appeals Officer should send extension requests, if needed, to the office or individual(s) who appointed them. Both the complainant(s) and the respondent(s) should be notified of any extensions in writing.
   5. The appeal will be confined to a review of the written documentation and record of the investigation and/or hearing, and pertinent documentation regarding the grounds for appeal. The appeal does not create an entitlement to a new investigation or a full re-hearing of the complaint. The appeal process for both the complainant(s) and the respondent(s) must be equitable, but not necessarily identical. The Senior Student Affairs Officer / Appeals Officer may at his/her discretion meet with the parties to determine a decision.
   6. Upon review of the appeal, the appellate authority may reach one of the following outcomes:
      
      
      1. affirm the original finding and sanction;
      2. affirm the finding and modify the sanction; or
      3. remand the case to a new hearing or review.
   7. The Senior Student Affairs Officer /Appeals Officer will render a written decision on the appeal to all parties which shall include the rationale forming the basis for the decision. The decision is final and may not be further appealed.
   8. If the Senior Student Affairs Officer /Appeals Officer determines that new evidence should be considered, it will return (remand) the complaint to the original hearing body to reconsider in light of the new evidence only. The reconsideration of the hearing body is not appealable.
   9. If the Senior Student Affairs Officer /Appeals Officer determines that a material procedural (or substantive) error occurred, it may return the complaint to the original hearing body with instructions to reconvene to cure the error. The results of a reconvened hearing cannot be appealed. In cases where the error cannot be cured by the original hearing officers (as in cases of bias), the appeals officer or body may order a new hearing on the complaint with a new body of hearing officers. The results of a new hearing can be appealed once based upon the grounds for appeals stated above.
   10. If the Senior Student Affairs Officer/Appeals Officer determines that the sanctions imposed are substantially disproportionate to the severity of the violation, the matter will be returned to the hearing body. The hearing body will review the case, and may then increase, decrease or otherwise modify the sanctions. This decision is final.
   11. Circumstances may warrant an extension of the time frame in this section. Both the complainant(s) and respondent(s) will be notified in writing simultaneously of any extensions or decisions made.
   12. Any student receiving a sanction of separation (expulsion or suspension) pursuant to this regulation may appeal the sanction in accordance with Rule 08.01.01.K1, Civil Rights Compliance and/or code of conduct for student grievances.

Status of Student During Charges and/or Appeals

Pending final action on a nonacademic misconduct charge or appeal of disciplinary action, the student’s status should not be altered nor should his/her right to be present on the campus or his/her privilege to attend classes be suspended except for the following:

1. When the university has imposed immediate interim suspension action (as outlined in a separate section of this publication);
2. When a “disciplinary hold” is placed on the student’s academic and/or financial records pending the outcome of disciplinary proceedings or to enforce a disciplinary sanction;
3. Interim measures taken during a Title IX investigation when it determines that they are necessary and appropriate to the safety of the community and to protect the integrity of the complaint/investigation process, as allowed by the published process; or
4. To assist with maintaining order on campus in incidents involving serious cases of class/facility disruptions or threat of violence whereby student(s) involved may be restricted from certain areas or other accommodations made to minimize the opportunity for verbal/physical conflict or retaliation.