Handbook Flip Book Update November 2016

Appendix B for students, a responsible finding for sexual misconduct may result in forfeiture of all University scholarships, financial aid, or monies paid.

In determining Sanction(s)/Discipline, all relevant information, including, but not limited to, the Respondent’s present demeanor, past disciplinary record, the nature of the misconduct, and the severity of any damage, injury, or harm resulting from the misconduct will be considered. Sanction(s)/Discipline do not become effective until the appeals process is completed; however, any interim sanctions/measures imposed remain in effect during the appeal period. The University may, in its discretion and in accordance with applicable student privacy laws, report sanctions to institutions or agencies to which the Respondent is applying or transferring. This includes, but is not limited to professional licensure agencies (including bar authorities), employers, and other educational institutions. XIII. Appeal Both the Respondent and the Complainant may submit a request to appeal a finding in a Sexual Misconduct matter no later than five (5) business days after notification of the finding by the Director of Title IX Compliance. Notification of the finding is deemed to have occurred according to the date on which the written finding is mailed, an e-mail is sent, a telephone conversation takes place, or a written message is delivered advising the Respondent of this information. A request to appeal by either party shall be submitted in writing to the Director of Title IX Compliance. A request for appeal will be considered only for a failure to follow the process or procedures outlined in the Sexual Misconduct Policy that significantly impacted the outcome; or if new information, not available at the time of the investigation or review process, is now available and the new information could substantially impact the original finding. The appealing party must include a statement of why the additional information should be considered and why it was not presented originally, including the specific process and/or procedure(s) that were allegedly not followed. The request to appeal will be shared with the other party. Disagreement with the sanction(s)/discipline is not grounds for an appeal. The request to appeal will be reviewed by the Director of Title IX Compliance to determine if the appealing party has standing. Ordinarily, the request to appeal will be reviewed and decided within two weeks and the Complainant and Respondent will simultaneously be notified in writing (mail, email, or written message delivered) of the outcome of the request to appeal. The decision issued on the request to appeal is final. All interim sanction(s)/discipline imposed by the Director of Title IX Compliance will be in effect while the request to appeal is under consideration. If the Director of Title IX Compliance issues a decision to allow the appeal and re-open the investigation, the original investigator(s) will handle the re-opened investigation, where appropriate. If the basis for the appeal creates a conflict for the original investigator(s) and/or the Director of Title IX Compliance, the appeal will be forwarded for reconsideration by a panel of three administrators and/or staff, chosen by the Director of Title IX Compliance to decide a finding. The decision of this panel will be issued within two weeks and the parties will be notified simultaneously in writing (mail, email, or written message delivered) of the outcome. The decision of this panel is not appealable.

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