III. Appeal of Dismissal
The Parties may appeal a decision to dismiss their Formal Complaint. All dismissal appeal requests must be filed within five (5) business days of the notification of the dismissal decision.
A dismissal may be appealed on the following grounds:
- A procedural irregularity affected the outcome of the matter
- New evidence that was not reasonably available at the time the determination regarding dismissal was made, that could affect the outcome of the matter
- The Senior Director of Student Experience and Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter
The appeal should specify at least one of the grounds above and provide any reasons or supporting evidence for why the ground is met. Upon receipt of a written dismissal appeal request from one or more Parties, the Senior Director of Student Experience and Title IX Coordinator will share the request and supporting documentation with all other Parties and provide five (5) business days for other Parties and the Senior Director of Student Experience and Title IX Coordinator to respond to the request. At the conclusion of the response period, the Senior Director of Student Experience and Title IX Coordinator will forward the request, as well as any response provided by the other Parties and/or the Senior Director of Student Experience and Title IX Coordinator to the Dismissal Appeal Decision-maker for consideration.
If the appeal request does not provide information that meets the grounds in the Policy, the Dismissal Appeal Decision-maker will deny the request, and the Parties, their Advisors, and the Senior Director of Student Experience and Title IX Coordinator will be notified in writing of the denial and the rationale.
If any of the asserted grounds in the appeal satisfy the grounds described in the Policy, then the Dismissal Appeal Decision-maker will notify all Parties and their Advisors, and the Senior Director of Student Experience and Title IX Coordinator of their decision and rationale in writing. The effect will be to reinstate the Complaint.
In most circumstances, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Dismissal Appeal Decision-maker has seven (7) business days to review and decide on the appeal, though extensions can be granted at the Senior Director of Student Experience and Title IX Coordinator’s discretion, and the Parties will be notified of any extension.
Appeal decisions are deferential to the original determination, making changes only if there is a compelling justification to do so.
The Dismissal Appeal Decision-maker may consult with the Senior Director of Student Experience and Title IX Coordinator and/or legal counsel on questions of procedure or rationale for clarification, if needed. The Senior Director of Student Experience and Title IX Coordinator will maintain documentation of all such consultation.