Sexual Misconduct Policy - Appeals
The point of an appeal is not to provide complainant and/or respondent with a new hearing nor is it intended to provide complainant and/or respondent with the opportunity to simply declare that the Judicial Hearing Board decision was wrong. The complainant and respondent may appeal the decision of the Judicial Hearing Board based only upon the grounds outlined below with respect to the each of the violation(s) found to have occurred. The party filing the appeal is the Appellant. Appeals of hearing decisions must be submitted to the Chief of Staff in writing within five (5) days of written notification of the hearing results. Appeals are heard by an Appeals Panel comprised of three (3) impartial, trained persons: the Chief of Staff, who acts as the chair of the Panel, and two (2) members of the Judicial Board, who were not part of the hearing, designated by the Title IX Coordinator. The imposition of sanctions remain in effect during the period of the appeal proceedings. The opposing party will be notified that an appeal been filed. In some situations, both the complainant and the respondent may file an appeal. In this situation, the Appeals Panel will consider and review both appeals together.
The Appeals Panel may review all materials presented at the hearing and may consult with the chair of the Judicial Board on questions of judicial procedure and with the Senior Associate Dean of Students/Director of Student Conduct on questions of appropriateness of the sanction(s).
Appeals shall be submitted based on the student’s ability to demonstrate that one or more of the grounds listed below for appeal are meritorious:Procedural Error
The Appellant alleges that there was a deviation or change from the procedures outlined in the Sexual Misconduct Policy which adversely impacted the outcome of the matter. If the Appeals Panel determines that there was a procedural error which could have altered the outcome of the case, the matter will be remanded to the Judicial Hearing Board for a determination regarding the impact of the procedural error on the outcome of the complaint. The Judicial Hearing Board’s determination on whether there was an impact on the outcome of the complaint is final.New Evidence
The Appellant alleges that, subsequent to the issuing of the Judicial Hearing Board’s decision, new evidence became available which would have impacted the outcome of the disciplinary complaint. The Appellant must: (i) present the new evidence; (ii) show why it was unavailable prior to the Judicial Hearing Board’s decision; and (iii) show that the new evidence could have altered the outcome of the complaint. The opposing party will be given an opportunity, within two (2) days of being notified of the appeal, to rebut these assertions by the Appellant. If the Appeals Panel determines that there is evidence that warrants a new hearing, it will remand the matter to the Judicial Hearing Board.Severity of The Disciplinary Action
The Appellant alleges that the disciplinary action issued by the Senior Associate Dean of Students/Director of Student Conduct is unduly harsh or lenient. If the Appeals Panel determines that that disciplinary action was unduly harsh or lenient, it will remand the matter to the Senior Associate Dean of Students/Director of Student Conduct for reconsideration. The decision of the Senior Associate Dean of Students/Director of Student Conduct after reconsideration is final.
The foregoing are the only grounds for appeal.
The written appeal must specifically state the grounds under which the appeal has been filed and must be submitted within the ten (10) day time limit after the complainant and the respondent have met with the Senior Associate Dean of Students/Director of Student Conduct and the chair of the Judicial Hearing Board. The appeal must set forth the information and evidence to support the appeal.
A written decision will be rendered by the Chief of Staff and provided to each party by either being mailed to the parties at their local addresses (or another address if a student has no local address) or emailed to the parties at the email addresses that the College has provided the students (or another email address a student has provided the College), ordinarily within ten (10) business days of receipt of the appeal.
The outcome of the appeal is final.