The Grievance Process and Procedures for Formal Complaints pursuant to the University's Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence ("Sexual Misconduct Policy") provide for an appeal of the Written Determination. This document explains what an appeal is, who may file an appeal, who the Appeal Officer, is, and the process for an appeal.
If you have a question that is not answered on this page, please contact the Title IX Office.
Either the Complainant or Respondent may appeal on the following four bases:
-
Procedural irregularity that affected the outcome of the Formal Complaint.
-
New evidence that was not reasonably available at the time the Written Determination was made that could affect the outcome of the Formal Complaint.
-
The Title IX Coordinator, Investigator(s), or Decision Maker had bias or actual conflict of interest for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the Formal Complaint.
-
Inappropriate disciplinary sanction.
- An appeal must be submitted in writing to the Title IX Coordinator within five (5) business days after issuance of the Written Determination from the Decision Maker and clearly state the bases for appeal.
- If either party files an appeal, the Title IX Coordinator will promptly notify the other party and Appeals Officer, provide the non-appealing party a copy of the appeal, and provide the non-appealing party five (5) business days to provide a response.
- The Appeals Officer or designee will issue a determination within ten (10) business days of receiving the Appeal Packet unless the Appeals Officer requests an extension of time. The decision of the Appeals Officer, the Final Outcome Letter, is final and not subject to further appeal.
The Appeals Officer will be:
-
Where the Respondent is a Student, the Appeals Officer is the Vice President for Student Affairs and Chief Student Affairs Officer, or their designee.
-
Where the Respondent is an Employee that reports directly to an Executive Vice President, the Appeals Officer is the Executive Vice President, or their designee.
-
Where the Respondent is Academic Faculty, the Appeals Officer is the Executive Vice President and Provost, or their designee.
-
Where the Respondent is an Employee in the Academic Division (who does not report to an Executive Vice President), the Appeals Officer if the Executive Vice President and Chief Operating Officer, or their designee.
-
Where the Respondent is a staff member in the Medical Center, the Appeals Officer is the Executive Vice President for Health Affairs, or their designee.
The Title IX Coordinator will provide the Appeals Officer an "Appeal Packet" which will include: (1) the appeal; (2) the non-appealing party's response; (3) Final Investigation Report; (4) Decision Maker's Written Determination; (5) any information reviewed and considered by the Investigator or Decision Maker; (6) all inculpatory and exculpatory evidence submitted to the Investigator or Decision Maker; and (7) a Hearing transcript.