Appeals

A complainant or a student respondent who wishes to appeal the decision reached by the Title IX coordinator at the conclusion of a formal investigation must submit a written request for appeal to the vice president for student affairs. This request must be submitted to the vice president for student affairs and copied to the Title IX coordinator within 10 business days after receipt of the Title IX coordinator’s letter of determination.

The appeal request must be typewritten and must state the grounds for appeal.  Appeals must be made on the basis of one or more of the following grounds:

  • Procedural error was committed.
  • The finding of facts contained in the decision included inaccurate information.
  • New evidence not offered during the investigation that would substantially change the outcome of the finding is now available. In such cases, the new evidence must be described.

If the appeal meets one of the above grounds, a decision whether to grant the appeal will be made within 10 business days.  The vice president for student affairs shall inform the appellant by certified mail, return receipt request of the decision.

If the appeal is granted, the vice president for student affairs will review and consider written findings and the decision from the Title IX coordinator and investigators.  This review will consider any written documentation submitted by either party to the Title IX coordinator, all evidence considered by the Title IX coordinator, the written appeal, and if applicable, new evidence offered for consideration. The Title IX coordinator or his/her designee will provide all relevant documentation to the vice president. The vice president shall render a decision within fifteen business (15) days after receipt of the appeal and shall inform both the complainant and the student respondent, concurrently, by certified mail. The decision of the vice president shall be final.

In the event a complainant or a student respondent does not appeal within the required 10 business day period, the decision of the Title IX coordinator will be final.

If the respondent is a college employee, then any employee misconduct appeal procedures outlined in applicable employee guidebooks and/or collective bargaining agreements will apply.