Upon receipt of the Written Determination, the Complainant or Respondent may appeal the decision in writing to the Appellate Decision-Maker within five (5) business days. The appealing party must detail his or her reasons for requesting an appeal.
The three (3) bases for appeal are as follows:
- Procedural issues affected the outcome;
- New evidence that was not reasonably available at the time the Written Determination or dismissal was made becomes available that could affect the outcome; or
- There was a conflict of interest or bias by the school-based and/ or District Title IX Coordinator, Investigator, or Decision-Maker, against any Complainant or Respondent that affected the outcome.
Schools must notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties.
- Both parties shall have three (3) business days to submit a written statement in support of, or challenging, the outcome of the Written Determination.
- The Appellate Decision-Maker shall have five (5) business days to provide a final Written Determination to both parties regarding the appeal. The written appeals determination must describe the result and rationale for the decision.
- Appeal decisions are final.
If an appeal is filed, the determination becomes final on the date the school provides the written appeals decision. If an appeal is not filed, the determination becomes final on the date the time to file an appeal has passed.
NOTE: No disciplinary measures may be imposed against a Respondent prior to the conclusion of the grievance process (through the appeal).