Student Handbook: Sexual Misconduct Appeals

Grounds for Appeal

The complainant or respondent may appeal the determination of a complaint only on the following grounds:

  • There is a substantial likelihood that newly discovered information, not available at the time evidence was presented to the Investigating Officer, would result in a different decision.
  • There was a procedural error significant enough to call the outcome into question.
  • There was a clear error in factual findings.
  • Bias or prejudice on the part of the Investigating Officer, or;
  • The punishment or the corrective action imposed is disproportionate to the offense.

Method of Appeal

Appeals must be filed with the Vice President for Operations and Finance or his/her designee (“Appeals Officer”) within seven (7) days of receipt of the written report determining the outcome of the complaint. The appeal must be in writing and contain the following:

  1. Name of the complainant,
  2. Name of the respondent,
  3. A statement of the determination of the complaint, including corrective action, if any,
  4. A detailed statement of the basis for the appeal including the specific facts, circumstances, and argument in support of it, and,
  5. Requested action, if any.

When an appeal has been filed, the non-appealing party will be notified of such in writing. The appealing party may request a meeting with the Appeals Officer, but the decision to grant a meeting is within the Appeals Officer’s discretion. However, if a meeting is granted, then the other party will be granted a similar opportunity.

Resolution of the Appeal

The Appeals Officer will resolve the appeal within ten (10) days of receiving it and may take any and all actions that he/she determines to be in the interest of a fair and just decision. The parties will be notified in writing if the Appeals Officer’s decision will take longer than 10 days. The decision of the Appeals Officer is final. The Appeals Officer shall issue a short and plain, written statement of the resolution of the appeal, including any changes made to the Investigating Officer’s previous written determination and/or the sanctions and remedial measures imposed. The written statement shall be simultaneously provided to the complainant, respondent, and the Title IX Coordinator within three (3) days of the resolution.