Sexual Misconduct Procedures: Appeal of Decision
Within four (4) business days of receiving notice of the Panel’s determination on responsibility and sanctions, either Party may appeal the decision by submitting to the Title IX Coordinator a letter stating why the Party requesting the appeal believes the determination of responsibility and/or the sanctions were inappropriate. A Party may only appeal on the following grounds:
- Procedural error by the Investigator(s) or Panel that materially prejudiced the Party requesting review;
- Newly discovered material information that was not known to the Party requesting review and not available to the Investigator(s) or the Panel and which likely would have changed the finding of responsibility or the sanction imposed had it been available; or
- Excessive Sanction(s).
The Party submitting the appeal must set forth in detail the grounds for review and attach all materials that he/she wishes to have considered in the appeal process. The Title IX Coordinator will provide a copy of the appeal submitted by one Party to the other Party.
The Vice President for Student Development (or his/her designee) will be the Appellate Officer for matters in which the Respondent is a student. The Appellate Officer will decide the merits of any appeal and, in so doing, may consult with the Investigator(s), the Panel, and any other individual that the Appellate Officer deems appropriate.
Sanctions of all types can be imposed, in full or in part, while an appeal is pending at the sole discretion of the College.
The Appellate Officer may affirm all or part of the Panel’s determinations (which includes the sanction, as well as the determination of responsibility), may refer the matter to the Panel for further consideration, or may refer the matter back to the Investigator(s) for further consideration.
- If the matter is referred back to the Panel or the Investigator(s), the Appellate Officer will provide specific instructions with the referral. In the event of a referral for further consideration, the Title IX Coordinator will be consulted and further proceedings may be commenced, as appropriate under the circumstances and consistent with this Sexual Misconduct Policy.
The Appellate Officer’s decision will be in writing and is final. The Title IX Coordinator will inform the Parties simultaneously and in writing of the outcome of the appeal.