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  1. Time to File an Appeal – An appeal must be in writing, and filed within seven (7) calendar days of the date of the letter informing the parties of the dismissal decision; or the determination regarding responsibility, including any imposition of Disciplinary Sanctions, if applicable. If an appeal is not filed within seven (7) calendar days, the dismissal decision or determination regarding responsibility (including Disciplinary Sanctions, if applicable) will be deemed final.
  2. Bases for Appeal – Review of an appeal will be limited to the following bases:

    1. Procedural irregularity or substantive error that affected the outcome of the matter. Deviations from the University’s policy/procedures will not be a basis for sustaining an appeal unless significant prejudice resulted;
    2. 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;
    3. The AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance, 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; or
    4. The Disciplinary Sanction(s) imposed were substantially disproportionate or not appropriate in light of the violation(s).
  3. Procedure for Appeal of Dismissal of Formal Complaint or Allegations – A party who wishes to appeal the AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance’s decision to dismiss the Formal Complaint or an allegation therein, must submit the appeal in writing to the Vice President for Student Affairs Life and Dean of Students (“VP for Student Affairs”Life”), explaining in detail the basis of the request, and including any supporting documentation. The VP for Student AffairsLife, or Designee, will review the appeal, any submission from the other party, Formal Complaint and the AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance’s decision to dismiss, and then issue a written decision resolving the appeal, that includes the rationale for the decision, within fourteen (14) calendar days of receipt of the appeal. The appeal decision will be issued simultaneously to both/all parties. An assigned Designee shall not be the AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance, DEI Investigator (or Designee), or anyone who would be involved in the determination regarding responsibility.

  4. Procedure for Appeal of Determination Regarding Responsibility/Sanctions – A party who wishes to appeal a determination of responsibility, including any Disciplinary Sanction(s) imposed, if applicable, must submit the appeal in writing to the Vice President for Student Affairs Life and Dean of Students (“VP for Student Affairs”Life”), explaining in detail the basis of the request, and including any supporting documentation. The VP for Student AffairsLife, or Designee, will review the written appeal, any submission from the other party, and all documentation contained in the case file. The VP for Student AffairsLife, or Designee, will issue a written decision resolving the appeal, that includes the rationale for the decision, within twenty-one (21) calendar days of receipt of the appeal. The written appeal decision will be issued simultaneously to both/all parties. An assigned Designee shall not be the AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance, DEI Investigator (or Designee), or anyone who would be involved in the determination regarding responsibility.

  5. Notification of Appeal – If a party files an appeal, the other party(ies) will be notified and may make their own written submission in support of or challenging the decision of dismissal/determination of responsibility, to the VP for Student AffairsLife/Designee, no later than seven (7) calendar days after receipt of such notice.

  6. Effect of Appeal – If there is an appeal of a determination regarding responsibility, including any Disciplinary Sanction(s) imposed, the imposition of the Disciplinary Sanction(s), if applicable, will be deferred pending the decision of the appeal. However, any Interim Suspension, no contact directive or other appropriate Supportive/Interim Measure will remain in effect during the appeal process.

  7. Final Decision – An appeal may be resolved in the following manner:

    1. A dismissal or determination regarding responsibility, including any Disciplinary Sanctions (if applicable), is affirmed;

    2. A determination regarding responsibility is affirmed, but the Disciplinary Sanction(s)/Remedies is/are modified;

    3. A dismissal is reversed, and the matter is returned to the AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance to address in accordance with the policy; or

    4. A determination of responsibility is reversed, and a new outcome is determined, which may include imposition of Disciplinary Sanctions/Remedies or dismissal of the charges.

      The decision made on appeal shall be the final action of the University.

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