An appeal by either Party may be made in writing to the appeal adjudicator within five (5) calendar days after such Party has received the Hearing Officer Decision. An appeal must state the ground on which the appeal is made. Grounds for appeal are limited to:
- Procedural irregularity that affected the outcome of the matter; or
- New evidence that was not reasonably available at the time the determination regarding responsibility was made, that could affect the outcome of the matter; or
- The Title IX Coordinator, investigator, hearing officer, or Decision-Maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complaint or respondent that affected the outcome of the matter.
Upon receipt of an appeal, the appeal adjudicator shall forward the appeal to the other Party. The non-appealing Party will have five (5) calendar days to submit a written statement in support of or against the appeal to the Appeal Adjudicator.
Supportive measures will continue to remain in place during the appeal process. However, no Corrective or Preventative Measures will be implemented prior to the appeal process ending.
The appeal adjudicator will issue a written decision regarding the appeal and the rationale for appeal decision within ten (10) business days from the end of the five (5) calendar day period for the non-appealing Party’s statement deadline. This decision will be provided to both Parties simultaneously and will be a final determination regarding the Title IX Respondent’s responsibility and cannot be further appealed.