Appeals

1. Each Party may appeal (1) the dismissal of a Formal Complaint or part of a Formal Complaint; and/or (2) a Determination of Responsibility. 

2. An appeal must be submitted in writing to the Title IX Coordinator within five (5) business days of the date of the notice of a full or complete dismissal of a Formal Complaint or the Determination of Responsibility. The Title IX Coordinator will forward the appeal to the Provost or designee who will review the appeal and who will not have served as the Title IX Coordinator, Investigator or Decision-Maker in the matter. 

3. An appeal must identify the bases for appeal. Permissible bases for appeal are: 

a. Procedural irregularity that affected the outcome of the matter; 

b. New evidence that was not reasonably available at the time of the dismissal of some or all of the Formal Complaint or the Determination of Responsibility, and which could affect the outcome; and 

c. The Title IX Coordinator, Investigator or Decision-Maker had a conflict of interest or bias for or against a Party, or for or against complainants or respondents in general, that affected the outcome of the matter. 

4. The Title IX Coordinator will promptly notify all Parties if any Party files an appeal. The Party or Parties who did not appeal will have five (5) business days to submit a statement in support of or challenging the dismissal of all or part of a Formal Complaint or the Determination of Responsibility. 

5. The timely submission of an appeal means that sanctions identified in the Determination of Responsibility will not be implemented unless or until the Determination of Responsibility is affirmed in whole or in part. Interim and supportive measures may continue during pendency of an appeal. 

6. The Provost or designee will provide the outcome of an appeal within ten (10) business days by email to all Parties’ institutional email address, as well as the Title IX Coordinator and the Decision-Maker.