In all Title IX investigations, the victim and/or complainant and the respondent shall receive simultaneous, written notification of the Title IX determination, including information regarding appeal rights, within seven (7) days of when the determination is made.
Students have the right to appeal any Code of Conduct or Title IX determination. For Title IX determinations, both the victim and/or complainant and the respondent have a right to appeal. Appeals must be submitted to the individual designated in the determination letter to accept appeals within 10 business days after receipt of the Code of Conduct or Title IX determination.
If a student does not appeal within the 10 business day period, the decision of the Code of Conduct Investigator or Title IX Coordinator will be final.
The appeal request must be typewritten and must state the grounds for appeal to the Judicial Review Board. Appeals must be made based on one or more of the following.
- A procedural error occurred.
- The findings of fact in the decision contain inaccurate information.
- New information not offered during the investigation that would substantially change the outcome of the finding is now available. In such cases, the new information must be described.
- The sanction imposed is lenient, excessive or otherwise disproportionate with the violation.
Within 10 business days after receipt of the appeal request, the Judicial Review Board will decide if the appeal meets one of the above enumerated grounds of appeal. If the appeal is granted, the Judicial Review Board will review and consider the written findings and determination of the Code of Conduct Investigator or Title IX Coordinator, all evidence considered by the Code of Conduct Investigator or the Title IX Coordinator, the written appeal and, if applicable, new evidence offered for consideration, and will make a final decision. The Judicial Review Board shall provide its appeal decision in writing, along with all relevant documentation, to the vice president for student affairs.
The appellant will be notified of the appeal decision in writing, by certified mail, return receipt requested. In a Title IX appeal, both the victim and/or complainant and the respondent shall receive the appeal decision in writing within 7 days after the conclusion of the appeal review.