Appeals Process

The following information is the same for both the Title IX Sexual Misconduct process and the Non-Title IX Sexual Misconduct process. Any areas that may be different will be specifically noted.

Grounds For Appeal

For both Title IX Sexual Misconduct and Non-Title IX Sexual Misconduct, the parties may appeal a determination regarding responsibility or the university's dismissal of a Formal Complaint or any allegations therein on the following grounds:

A procedural irregularity that affected the outcome of the matter

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, Investigator(s), or hearing panel members 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 imposed substantially vary from the range of sanctions normally imposed for similar infractions

Process For Appeal

The appeal process is initiated upon a party's filing of a written appeal within three (3) university business days after university's delivery of the written decision regarding responsibility. The written appeal must be filed with the university's Title IX Coordinator, as directed in the written determination regarding responsibility, and the party's written appeal must set forth the grounds for the appeal and any supporting information.

Response of Non-Appealing Party

Upon the filing of a written appeal, university will give written notice of the filed appeal to the non-appealing party. The non-appealing party will have three (3) university business days after University's delivery of the written notice to respond to the appeal. Appeal Officer: The university will designate a decision-maker for the appeal. The appeal officer shall not be the same person as any of the hearing panel members that reached the determination regarding responsibility or dismissal, the Investigator(s), or the Title IX Coordinator.

Response of Hearing Panel

The appeal officer may submit the written appeal and non-appealing party's response to the hearing panel, and the hearing panel may submit its response in support of the appeal or original decision to the appeal officer.

Review of Appeal

The appeal officer will first review the appeal to determine if the appeal is timely and properly sets forth the appropriate grounds for appeal, with adequate accompanying evidence. If any of these requirements are not met, the appeal will be dismissed, and the decision will be final. If these preliminary requirements are met, the appeal officer will then review the substance of the appeal and make a final determination.

Written Decision and Notice

Within five (5) university business days of the non-appealing party 's deadline to submit a response to the filed appeal, the appeal officer will issue a written decision describing the result of the appeal and the rationale for the result. The appeal officer will provide the written decision simultaneously to both parties. The written decision of the appeal officer is final and may not be appealed.

Employee Process for Appeals

The finding of the System Office of Equal Opportunity for non-Title IX Sexual Misconduct is final and not appealable by either party. If either party disagrees with the imposed disciplinary action or lack thereof because the disciplinary action imposed substantially varies from the range of disciplinary actions normally imposed for similar infractions, they may appeal within five (5) business days to the university Title IX Coordinator. However, if the disciplinary action recommended is tenure revocation, proceedings will be pursuant to the University's Tenure Policy.

The Complaining Party and Responding Party will be simultaneously notified in writing of any changes to the results of an appeal of any disciplinary action that occurs prior to the time such results become final and when such results become final.

Notification to Victims of Crimes of Violence

The university will, upon written request, disclose to the alleged victim of a crime of violence or a non-forcible sex offense the report on the results of any disciplinary proceeding conducted by the university against a student or employee who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as the result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.

Informal Resolution Process

An Informal Resolution is an alternative resolution to Formal Complaints to the Grievance Process. After the parties have been provided written notice of a Formal Complaint, the University may offer and facilitate the informal resolution process (which may include, but is not limited to, a mediation process). At any time prior to reaching a determination regarding responsibility, the university may begin the informal resolution process by obtaining the parties' voluntary, written consent to use this informal resolution process. Notwithstanding the foregoing, the informal resolution process will not be offered to resolve allegations that a university employee engaged in conduct against a student that would constitute Title IX or Non-Title IX Sexual Misconduct.

The university will not require any person to participate in the informal resolution process and will not condition enrollment, employment, or enjoyment of any other right or privilege upon agreeing to the informal resolution process. Any party may withdraw from the informal resolution process at any time prior to agreeing to a resolution and resume the Grievance Process with respect to the Formal Complaint.