Faculty and Staff Appeals Process

Both a Complainant and a Respondent may appeal the DA’s decision. The bases for appeal are limited to: 

1. A procedural error or omission that significantly impacted the outcome; 
2. New evidence, unknown or unavailable during the investigation that   could have significantly impacted the outcome; or
3. The appropriateness or severity of the sanctions.

If an employee was found to have sexually harassed another member of the university or agency community, 6.2(3) is not available as a basis for appeal. Sexual harassment includes non-consensual sexual contact, sexual assault, sexual exploitation, stalking, dating violence, and domestic violence when based on sex.

All appeals must be in writing and must include a statement outlining the bases for appeal and any evidence which supports the appeal. Appeals must be filed within ten (10) business days of the Complainant and Respondent’s receipt of the notice of the decision to be appealed. An appeal is filed when CR/T9 receives a copy of a written appeal at civilrights@tamu.edu.

If no appeal is filed within ten (10) business days of the receipt of the notice of the DA’s decision, CR/T9 will provide simultaneous notice to the parties that no appeal was filed and that the decision of the DA is final and the case is closed.  If a timely appeal is filed by either party, the other party will be notified as soon as practicable thereafter.  

The appeal will be confined to a review of the record from the investigation and any pertinent evidence, as well as the DA’s decision as related to the grounds for appeal. The appeal does not create an entitlement to a new investigation.