Respondent, and their respective advisors within three (3) business days of receipt of the hearing report. The College must provide the written determination to the parties simultaneously. The determination regarding responsibility becomes final either on the date that the College provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely. The Title IX Coordinator will retain the recording of the hearing, the hearing report, the investigative report, and all evidence obtained during the investigation and all evidence offered at the hearing. K. APPEAL PROCEDURE Appeals of a determination regarding responsibility and from the College's dismissal of a formal complaint or any allegations therein are available to both parties on the following grounds: (1) procedural irregularity that affected the outcome of the matter; (2) new evidence that was not reasonably available at the time the decision regarding responsibility or dismissal was made, that could affect the outcome; and/or (3) the Title IX Coordinator, Investigator, or a Decision Maker had a conflict of interest or bias that affected the outcome. The President of Lurleen B. Wallace Community College or his/her designee shall be the appeal authority in upholding, rejecting, or modifying the recommendations of the Hearing Decision Maker(s). The President or his/her designee shall not be bound in any manner by the recommendation(s) of the Hearing Decision Maker(s), but shall take it (them) into consideration in rendering his/her decision.
President requesting that the President (or his/her designee) review the decision of the Hearing Decision Maker(s). The written request must be filed within ten 10 business days following the party's receipt of the hearing report. If the appeal is not filed by the close of business on the tenth (10 th ) business day following the party's receipt of the report, the party's opportunity to appeal shall have been waived.
As to all appeals, the College will:
notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties; 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. ensure the decision-maker(s) for the appeal complies with the standards set for in 34 C.F.R. § 106.45(b)(iii); give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome; 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. A decision on a party's appeal shall be rendered within 30 calendar days of the initiation of the appeals process. The time for decision may be extended for exigent circumstances or as may be otherwise agreed by the parties. If the Complainant is also an employee of the College, the individual may also file a claim with the Equal Employment Opportunity Commission within 180 days of the alleged
Either party may file a written request with
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www.lbwcc.edu
2022-23 College Catalog and Student Handbook
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