Appeals of Resolution of Employee Violations
Both the Complainant and Responding Party may appeal the final decision. Either party may appeal by notifying the Title IX Coordinator (or designee) in writing of the specific grounds for the appeal within seven (7) calendar days of the date of the final decision. The non-appealing party has seven (7) calendar days to respond to any written appeal. A non-appealing party is under no obligation to respond to any appeal.
Appeals are limited to the following grounds:
- There were procedural defects or procedural omissions that significantly impacted the outcome of the investigation and final decision. When an appeal alleges a procedural defect or procedural omission in either the investigation process or final decision making process, the appeal will be shared with the investigator and/or final decision maker so they may provide a written response for the Appellate Officer to review.
- There exists new evidence which could significantly impact the original finding or sanction that was not known and could not have been known at the time of the original hearing. Minimally, a summary of this new information and its potential impact must be included.
- The sanction was clearly disproportionate to the conduct for which the person was found responsible
All appeals are reviewed by an appellate officer (the “Appellate Officer”) who is a University official designated by the Title IX Coordinator (or designee). The Appellate Officer reviews the record with respect to the grounds for the appeal.
The decision of the Appellate Officer is final. The Appellate Officer’s decision will be issued in writing and simultaneously shared with the Complainant’s and the Responding Party’s with a copy provided to the Title IX Coordinator.