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against complainants or respondents in general, that affected the outcome of the
matter. The submission of an appeal stays any sanctions for the pendency of an appeal.
Supportive measures and remote learning opportunities remain available during the
pendency of the appeal. If a party appeals, the school will as soon as practicable notify
the other party in writing of the appeal; however the time for appeal shall be offered
equitably to all parties and shall not be extended for any party solely because the other
party filed an appeal. Appeals will be decided by an individual, who will be free of
conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or
decision-maker in the same matter.
• Example Policy 2: Appeals are available after a complaint dismissal or after a final
determination is made. Appeals can be made due to procedural irregularities in the
investigation affecting the outcome, new evidence becoming available, or due to bias or
a conflict of interest by Title IX personnel that may have affected the outcome. Appeal
requests must be made within 30 days of the school’s final determination and include
the rationale for the appeal. Parties will be given an opportunity to submit a written
statement in support of or against the final determination. A new decision-maker will
issue the final decision at the same time to each party.
• Example Policy 3: The complainant and respondent have an equal opportunity to appeal
the policy violation determination and any sanctions. The school administers the appeal
process, but is not a party and does not advocate for or against any appeal. A party may
appeal only on the following grounds and the appeal should identify the reason(s) why
the party is appealing: (1) there was a procedural error in the hearing process that
materially affected the outcome; procedural error refers to alleged deviations from
school policy, and not challenges to policies or procedures themselves; (2) there is new
evidence that was not reasonably available at the time of the hearing and that could
have affected the outcome; (3) the decision-maker had a conflict of interest or bias that
affected the outcome; (4) the determination regarding the policy violation was
unreasonable based on the evidence before the decision-maker; this ground is available
only to a party who participated in the hearing; and (5) the sanctions were
disproportionate to the hearing officer’s findings. The appeal must be submitted within
10 business days following the issuance of the notice of determination. The appeal must
identify the ground(s) for appeal and contain specific arguments supporting each
ground for appeal. The school will notify the other party of the appeal, and that other
party will have an opportunity to submit a written statement in response to the appeal,
within three business days. The school will also inform the parties that they have an
opportunity to meet with the appeal officer separately to discuss the proportionality of
the sanction. The appeal officer, who will not be the same person as the Title IX
Coordinator, investigator, or decision-maker, will decide the appeal considering the
evidence presented at the hearing, the investigation file, and the appeal statements of