Appeals Both parties have the opportunity to appeal the decision, in writing, within five business days. The link to submit an appeal will be included in the decision letter. An appeal can be requested on the following bases: 1. Procedural irregularity that affected the outcome of the matter 2. 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 3. 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. Any appeal will be referred for decision by a Title IX Investigator who was not involved in investigating the case. The Title IX Coordinator will: 1. Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties. 2. Ensure that the decision-maker(s) for the appeal is not the same person as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s) or the Title IX Coordinator. 3. Give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. In the request to appeal form, students must provide specific information to support the grounds of their appeal. The appeal officer will thoroughly review the information provided in the electronic appeal request form and the case documents. The appeal officer may request additional information if needed (such as meeting with the student). The appeal officer will review the request for appeal and determine whether sufficient grounds for appeal exist. While an appeal is being reviewed, the original sanctions imposed are still in effect until an appeal decision has been made, including suspension or removal from housing or the College. In the majority of cases, the appeal officer will respond within five business days upon receipt of the appeal. The appeal officer will issue a written decision describing the result of the appeal and the rationale for the result and provide the written decision simultaneously to both parties.
6. The Title IX Investigator will investigate within a reasonable time frame. This may involve: a. Collecting additional information and statements from both the respondent and the complainant. b. Meeting with witnesses for the complainant and the respondent who have relevant information about the incident. c. Collecting additional information such as: documents, photos, emails, texts, etc. that are deemed relevant to the investigation. d. Both parties have the ability to discuss the allegations under investigation or to gather and present relevant evidence. 5. When the Title IX Investigator has completed a thorough and equitable investigation, they will share with both parties a draft report of the results of the investigation, along with all of the evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint. Both parties will have at least 10 days to submit a written response, which the investigator will consider and address as appropriate prior to the completion of the Investigation Report. 6. After receiving and considering comments from both parties and conducting any further investigation that is warranted in light of those comments, the Title IX Investigator will forward to the parties and any advisors the final Investigation Report, which will occur no less than 10 days before the live hearing. Determination of Responsibility and Sanctions Within five business days of the conclusion of the live hearing, the Hearing Officer will use the information gathered during the investigation, as well as the live hearing, to make a decision of responsible or not responsible based on the preponderance of the evidence standard. The hearing officer will also determine sanctions when the outcome is responsible. Both parties will be notified simultaneously and in writing of the outcome of the investigation. The hearing officer will issue a report that includes the allegations that were the subject of the live hearing, the procedural steps taken in the case, the findings of fact supporting each finding of responsible or not responsible, conclusions regarding application of the code of conduct to the facts, an explanation of the rationale for any sanctions including whether remedies designed to restore or preserve access to the College’s education program or activity will be provided to the complainant, and the procedures and permissible bases for an appeal. Sanctions If the respondent is found responsible, the sanctions imposed may include but not be limited to loss of privileges, disciplinary probation, suspension or expulsion.
Department of Campus Police and Safety
Department of Campus Police and Safety
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