Student Appeals Process

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

1. A procedural irregularity that affected the outcome;
2. New evidence, not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome. The new evidence must be provided at the time of appeal with the appropriate member appeals form;
3. The 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 individual complainant or respondent that affected the outcome; and/or,
4. The appropriateness or severity of the sanctions.

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 five (5) business days of the Complainant’s and Respondent’s receipt of the notice of the decision to be appealed. An appeal is filed when the Office of Civil Rights and Title IX (CR/T9) receives a copy of a written appeal at [email protected].

If no appeal is filed within five (5) 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 which identifies one or more of the bases of appeal, the other party will be notified as soon as practicable thereafter and the case will be sent to the Appellate Authority (AA) for a decision.

If a student respondent received a sanction from the DA for sexual harassment, sexual exploitation, sexual assault, sex-based misconduct, sex-based discrimination, dating violence, domestic violence and/or stalking, then the AA will be the University Disciplinary Appeals Panel and the appeal will follow the procedure outlined in the Student Conduct Code Section 58.

If a student respondent received a sanction of expulsion or suspension from the DA for non-sex-based conduct, then the student may appeal the sanction in accordance with the Student Conduct Code and the AA will be the Dean of Student Life or designee. 

The AA will review the Investigation Report, the documentary evidence, the DA’s written decision, any documents related to the appeal, and any other relevant information.  The AA will render a written decision which will be forwarded to both parties.