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Appeals

The Complainant or the Respondent may appeal the decision of the Hearing Panel and/or the sanction imposed on the Respondent within 14 calendar days from the date of the Final Outcome Letter. The decision of the Hearing Panel and the sanction imposed on the Respondent may, if desired, be appealed simultaneously.

Appeals of the Decision

The grounds for an appeal of the decision are (a) availability of germane new evidence not available at the time of the hearings that could significantly impact the outcome of the hearings and/or (b) procedural errors during the hearings that significantly impacted the outcome of the hearings. Appeals of the decision of the Hearing Panel must be made in writing to the Title IX Coordinator. The Title IX Coordinator will inform the other party (i.e., the Complainant or the Respondent) of the filing of the appeal.

The Title IX Coordinator will make a determination (a) that the decision of the Hearing Panel should stand; (b) that the decision of the Hearing Panel should be overturned; or (c) that additional hearings should occur or evidence should be obtained before making an appellate determination.

In the event that the Title IX Coordinator determines that the decision of the Hearing Panel should be overturned or that additional hearings should occur or additional evidence should be obtained, she will specify the appropriate steps to be taken to come to a final resolution of the complaint (which may or may not include an additional hearing or set of hearings before a different hearing panel). The Title IX Coordinator will notify the Complainant and the Respondent concurrently of the decision or action.

Appeals of the Sanction

The sanctions imposed on the Respondent may be appealed on grounds that the severity of the sanction is disproportionate to the gravity of the sexual misconduct for which the Respondent was found responsible. Appeals must be made in writing to the Title IX Coordinator. The Title IX Coordinator will inform the other party (i.e., the Complainant or the Respondent) of the filing of the appeal.

The Title IX Coordinator will make a determination (a) that the decision of the Hearing Panel should stand, (b) that the decision of the Hearing Panel should be overturned, or (c) that additional hearings should occur or evidence should be obtained before making an appellate determination.

In the event that the Title IX Coordinator determines that the decision of the Hearing Panel should be overturned or that additional hearings should occur or additional evidence should be obtained, she will specify either (a) the final sanctions to be imposed on the Respondent, which will not be subject to further appeal or (b) that another hearing will be convened before the Hearing Panel for the sole purpose of considering sanctions, in which case the final sanctions set by the Hearing Panel will not be subject to further appeal. The Title IX will notify the Complainant and the Respondent concurrently of the decision or action.

 

 

 

 

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