Appeal Process

Resolution Process (Policy 2011.1)

Reporters, victims and respondents can appeal a panel’s decisions.

  1. Timing
    For appeals by respondents
    a. Respondents can request an appeal of the finding, the sanction(s), or both
    b. Requests for appeals must be filed within 10 calendar days of the notice of the outcome of the hearing
    c. The 10-day deadline may be extended for extraordinary circumstances
    d. The request for appeal must be submitted in writing to the Vice President and Chief Student Affairs Officer

    For appeals by reporters or victims
    a. Reporters and victims may request that a panel’s finding and/or sanction(s) be reconsidered
    b. Requests must be filed within 10 calendar days of the notice of the outcome to the hearing
    c. The 10-day deadline may be extended for extraordinary circumstances
    d. The request must be submitted in writing to the Vice President and Chief Student Affairs Officer

  2. Grounds for appeal
    A request for appeal will be considered if one or more of these conditions exist:
    a. A procedural error occurred that significantly impacted the outcome of the hearing
    b. New information not available at the time of the hearing has come to light and this information could impact the original finding or sanction. This information must be summarized in writing as part of the written appeal (see step 1).
    c. The sanctions imposed are substantially outside the parameters or guidelines set by the College for this type of offense or the cumulative conduct record of the respondent

  3. Reviewing and acting on the request for appeal
    a. The Vice President and Chief Student Affairs Officer will review the request for appeal and decide within five calendar days if the request is denied or is allowed to move forward. A decision to deny ends the process
    b. If the appeal moves forward, the Vice President and Chief Student Affairs Officer will convene a panel to hear the appeal
    c. If the case involves misconduct that falls under the federal law known as Title IX (gender-based or sexual misconduct, stalking, or intimate relationship violence), the Vice President and Chief Student Affairs Officer will turn the case over to the Title IX Coordinator, who will convene a Title IX appeals panel

  4. Finding, sanction(s) in effect during appeal
    a. The finding and sanction(s) will remain in effect while the appeal is being considered
    b. Sanctions may be delayed in extraordinary circumstances
    c. Extraordinary in this context means that the Vice President, Associate Dean and (as appropriate) Title IX Coordinator – in consultation with one another – conclude that the appeal is very likely to result in a reversal of the finding and/or a change in the sanction(s)
    d. The proximity of the hearing process to exams, end-of-semester or graduation does not qualify as extraordinary circumstances

  5. Special consideration for Title IX case appeals
    a. If the case involves misconduct that falls under the federal law known as Title IX (gender-based or sexual misconduct, stalking, or intimate relationship violence), the Vice President and Chief Student Affairs Officer will turn the case over to the Title IX Coordinator, who will convene a Title IX appeals panel to consider the appeal

  6. Special consideration for Title IX case appeals
    a. If the case involves misconduct that falls under the federal law known as Title IX (gender-based or sexual misconduct, stalking, or intimate relationship violence), the Vice President and Chief Student Affairs Officer will turn the
    case over to the Title IX Coordinator, who will convene a Title IX appeals panel to consider the appeal

  7. Other guidelines for appeals
    a. All parties in the case will be kept informed of the status of the appeal process
    b. Appeals are not intended to be full re-hearings of the case. In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal; witnesses may be called if necessary
    c. Appeals decisions are to be deferential to the original decision-maker, making changes to the finding only where there is clear error and to the sanction only if there is a compelling justification to do so