Appeal when a Student is the Respondent - Conduct that Falls Under Title IX

Notice of intent to appeal must be submitted to the Vice President for Student Affairs within five (5) business days of: (1) the dismissal of a Formal Complaint or any allegations; or (2) a determination regarding responsibility. All appeals will be conducted in a fair, impartial, and equitable manner by decision-makers who are free of any conflict of interest.

A complainant or respondent may file a written appeal of a matter eligible for formal investigation based upon: (1) a procedural irregularity that affected the outcome of the matter; (2) a claim that the sanction is substantially disproportionate to the finding(s); (3) new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or (4) the Director of Gender Equity/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 of the matter.

1. Appeal of the Dismissal of a Formal Complaint or Any Allegation
   
   The appeal of the dismissal of a Formal Complaint or any allegations is heard by the Vice President for Student Affairs or their designee. Within 20 business days of receipt of the notice of intent to appeal, the Vice President for Student Affairs or their designee will inform all parties in writing of the final outcome of the appeal. An extension of the time frame to issue the final decision may be granted for good cause as determined by the Vice President for Student Affairs or their designee. The complainant and respondent will be notified in writing of both the appeal and the final outcome of the appeal.
   
   
2. Appeal of a Determination Regarding Responsibility
   
   The appeal of a determination regarding responsibility is heard by the Student Conduct Review Council (SCRC), which is comprised of five members: two faculty members appointed by the President of the Faculty Senate or their designee, one of whom is appointed as chairperson; one administrator appointed by the Vice President for Student Affairs or their designee; and two students appointed by the President of the United Student Government or their designee. In the event the complainant or respondent is a graduate student, the students on the SCRC will be appointed by the Dean of the particular graduate school or their designee. If the Chair of the SCRC determines that there is a conflict of interest with any panel member, that panel member will be excused and replaced by another panel member to ensure a fair and impartial proceeding.
   
   The SCRC shall have the power to: (1) uphold the decision of the Hearing Officer; (2) uphold the decision but change the appealable sanction; or (3) remand the matter back to the Hearing Officer for further hearing. The decisions and sanctions of the SCRC are determined by majority vote, and are final and not appealable.
   
   
3. SCRC Appeal Review Process
   
   a. The Hearing Officer and the appealing student will present their respective versions of the matter to the SCRC. The Hearing Officer will meet with the panel first in order to present the case, followed by the appealing student. In addition to the Administrative Support Person assigned to students, the appealing student -- who represents themself in the SCRC appeal review process -- can have one (1) Advisor of Choice present. The Advisor of Choice may not actively participate during the SCRC appeal review process and must adhere to all rules set forth for Advisors of Choice in the Policy and Procedures.
   
   b. The SCRC may pose questions to the Hearing Officer and to the appealing student. Both the complainant and respondent will be given an opportunity to be heard, if they so choose.
   
   c. The SCRC may choose to ask the Hearing Officer to return to the meeting to answer specific questions about the matter or ask the Vice President for Student Affairs at any time to answer questions on the process of the Council.
   
   d. The SCRC appeal review process is conducted in closed session.
   
   e. If the SCRC decides by majority vote that it needs more information in order to reach its decision, it may call relevant witnesses or request information to the extent required.
   
   f. Within 15 business days of the conclusion of the SCRC appeal review process, the Chairperson of the SCRC will inform all parties, including the Vice President for Student Affairs, of the final outcome.
   
   g. A timely final outcome letter will be simultaneously provided to both the complainant and respondent.