Appeals and Response to Notice of Outcome
Parties will be given an opportunity to submit a written statement against (“Appeal”) or in support (“Response”) of the final determination of a formal resolution process.
The appeal is an objective, independent review designed primarily to detect any significant errors in the investigation or outcome of a formal complaint, including the dismissal of a formal complaint. The result of an informal resolution is not subject to appeal. The appeal is not an opportunity for a party to reexamine each aspect of the Decision-Maker(s) decision or seek a de novo (i.e., from the beginning) review. Instead, the basis for the appeal is to focus on specific aspects of the written final determination, such as procedural irregularities, that could have affected the outcome of the formal complaint.
The response is an opportunity for parties to submit a statement in support of the final determination. Parties may wish to provide this response should an appeal be filed by the other party, or to document their support of the outcome of the formal complaint.
Timeline for Submission.
Appeals and responses must be written and submitted to the Title IX Coordinator within five (5) days of receiving notice of a dismissal of a formal complaint or of receiving a Notice of Outcome from a Formal Resolution.
Grounds for Appeal.
Appeals must include a rationale and any supporting evidence for any of the following three grounds:
- 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; and
- The Title IX Coordinator, Investigator(s), or Decision-Maker(s) 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.