V. Appeals

Both parties have the right to a single appeal of the Title IX Coordinator’s decision to dismiss a Formal Complaint and the Decision Makers’ decision. An appeal must be submitted in writing within five (5) calendar days of receiving the determination to the appropriate appellate officer. Appeals must state the grounds for appeal and must including any relevant supporting documentation.

Appellate officers are:

• The dean of students when appealing the dismissal of a Formal Complaint;
• The senior vice president and dean for student affairs when appealing all other matters involving a student Respondent;
• The President of the College for all appeals involving faculty Respondents; and
• The President of the College for all appeals involving staff Respondents.

The appropriate appellate officer will provide a copy of the appeal to the non-appealing party who will have five (5) calendar days to submit a statement in response.

In order for an appeal to be granted, the appeal must demonstrate at least one of the following:

1. procedural irregularity that affected the outcome of the matter; or
2. new evidence that was not reasonably available at the time of the decision that could affect the outcome of the matter; or
3. the Title IX Coordinator, Investigator or a Decision Maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individually Complainant or Respondent that affected the outcome of the matter.

Review on appeal will be impartial and will include consideration of the written record of the matter and, where appropriate, consultation with other College officials. The appropriate appellate officer will issue a written decision, typically within fifteen (15) calendar days from receipt of the appeal, which shall be provided to both parties simultaneously. The written decision will describe the result of the appeal and the rationale. The written decision may: (1) deny the appeal and affirm the original decision; (2) grant the appeal and order a previously dismissed Formal Complaint to be reinstated; (3) grant the appeal and remand to the Decision Makers for further consideration; (4) grant the appeal and remand for a new live hearing before new Decision Maker(s); or (5) grant the appeal and revise the sanction.