* If the Hearing Decision-Maker/Hearing Panel concludes that the investigation supports a finding of responsibility against an employee Respondent, then the employee will be notified of such finding and shall be entitled to all due process rights available to them under applicable Collective Bargaining Agreements and/or College policies prior to any final determination of responsibility and potential disciplinary action. G. Appeals Any party may file a Request for Appeal, which must be submitted in writing to the TIXC within five (5) business days of the delivery of the Notice of Outcome. Upon receipt of the appeal, the TIXC will appoint a single Appeal Decision-Maker or a three-person (3) Appeal Panel to hear and render a decision on the appeal. The Appeal Decision-Maker/Appeal Panel members will be selected from the LHB membership pool and cannot have had any prior involvement in the resolution process for the matter that is the subject of the appeal. If an Appeal Panel is used, the TIXC will appoint one of the members of the panel to serve as the Appeal Chair. If a single Appeal Decision-Maker is used, then they shall serve as the Appeal Chair. 1. Grounds for Appeal
a) Appeals are limited to the following grounds:
i. Procedural irregularity that affected the outcome of the matter; ii. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, which could affect the outcome of the matter; and iii. The TIXC, Investigator(s), the Hearing Decision-Maker, or a member of the Hearing Panel had a conflict of interest or bias against the Complainant(s) or Respondent(s) generally or specifically that affected the outcome of the matter. b) If any proposed grounds for appeal do not meet the standards outlined above, the request will be denied by the Appeal Chair and the party(ies) and their Advisor will be notified accordingly in writing of the denial and rationale. c) If any of the proposed grounds for appeal meet the standards outlined in this policy, the Appeal Chair will notify the other party(ies) and their Advisors, the TIXC, and when appropriate, the Investigator(s) and/or original Hearing Decision-Maker/Panel. d) The other party(ies) and their Advisor will be mailed, emailed, and/or provided a hard copy of the Request for Appeal with the approved grounds. They will be given seven (7) business days to respond to the section of the appeal that was approved and involves them, and/or to submit a new Request for Appeal. All responses, if any, will be forwarded by the Appeal Chair to all parties for review and comment for a period of five (5) business days after receipt of any responses from the non-appealing party. e) Neither party will be permitted to submit any new Requests for Appeal after this time period.
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