All requests for appeal consideration must be submitted in writing to the specified appeals officer within five (5) business days of the delivery of the written investigation findings. Any party may appeal the findings and/or sanctions only under the following grounds:
- A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.).
- To consider new evidence, unknown or unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
- The sanctions imposed fall outside the range of sanctions the University has designated for this offense and the cumulative record of the responding party.
The appeals officer will review the appeal request(s). The original finding and sanction and/or responsive actions will stand if the appeal is not timely or is not based on the grounds listed above, and such a decision is final. The party requesting an appeal must show that the grounds for an appeal request have been met. When any party requests an appeal, the appeals officer will share the appeal request with the other party. If new grounds are raised, the other party will be permitted to submit a written response to these new grounds within two days or notification. These responses or appeal requests will be shared with each party.
Where the appeals officer finds that at least one of the grounds is met by at least one party, the following apply:
- Appeals are not intended to be full re-investigations of the allegation(s). In most cases, appeals are confined to a review of the written documentation or record of the investigation, and pertinent documentation regarding the grounds for appeal.
- Appeals granted based on new evidence should normally be remanded to the investigator(s) for reconsideration. Other appeals may be remanded at the discretion of Title IX Manager or, in limited circumstances, heard by the appeals officer.
- Sanctions imposed as the result of an investigation are implemented as noted on the individual’s decision letter.
- The appeals officer will render a written decision on the appeal to all parties within ten (10) business days without significant time delay between notifications for all parties.
- Once an appeal is decided, the outcome is final. Further appeals are not permitted, even if a decision or sanction is changed on remand.
- In rare cases where a procedural or substantive error cannot be cured by the original investigator(s) (as in cases of bias), the appeals officer may recommend a new investigation with a new investigator. The results of a remand cannot be appealed. The results of a new investigation can be appealed, once, on any of the three applicable grounds for appeals.
- In cases where the appeal results in reinstatement to the University or resumption of privileges, all reasonable attempts will be made to restore the Respondent to their prior status, recognizing that some opportunities lost may be irreparable in the short term.
For cases of Sexual Misconduct, if the appeal party(s) request to meet, the appeal officer will offer to meet separately with each of the parties to review the appeal.